Well... It finally happened...

[Zapf]

thanks guys. I think I might wait for the weekend call up a friend's brother who's a lawyer have a chat with him to make sure I know everything I should do/say then talk to them first thing next money, will help me organise my thoughts better and prepare myself as well. I don't think I want to talk to them while I'm so hot headed...

Anyway here are some pics I took today when I went to revisit the site.

Yep correct the facts, and send them the photo... in writing. Looks like its clearly the van's fault (give way to the right). But you should have also seen the van pulling out and either slow down or avoided.

[bobsmith]

sorry I think I didn't make myself clear. I revisited the place and realised the van must have been much closer to me when it pulled out. I indeed started to brake as soon as the van started pulling out in front of me but I was too late. (ie I didn't go charging into a van pulling out of a road... I'm not THAT dumb) I'm thinking maybe I was maybe about 5 m away when the van pulled out?

[MikeyG]

Was intrigued by your dilemma so looked it up in The Official New Zealand Road Code for Motorcyclists. There is noting in it on lane splitting or passing at the traffic lights but see attchment for page 70 and passing at an intersection.

The way I read it the fact the car beside you was moving is irrelevant as it says you are allowed to pass at an intersection. It does say to check there are no vehicles coming out of side roads but I would interpret that to be side roads at that intersection where in your case the van pulled out of a intersection further down the road.

Grab a copy of it and take it with you when you go see the cops. Don't go in all pissed off and with a I'm right you're wrong attitude cos that will just piss them off. I'd go in with the road code, show them that page and say you thought you were in the right because of this and ask them to explain to you how you were wrong.

[MikeyG]

sorry forgot attachment

[Mom]

Bummer about all this for you........hope that it gets sorted for you with the best outcome given the possible scenarios....

I cant add much to the advice that has been given here except this attitude kept me safe for many years of commuting both city and country..

Imagine everyone driving/riding any vehicle any where close by you, even the ones that hide down driveways or side roads you cant see, (bastards!) are specifically looking to take you out, and always have an alternatative place to go.........always scan for another place to be should the aforementioned have the hide to try what they plan...any place is better than the side of a cage in what ever disguise they take...

Good Luck!!!

[bobsmith]

Was intrigued by your dilemma so looked it up in The Official New Zealand Road Code for Motorcyclists. There is noting in it on lane splitting or passing at the traffic lights but see attchment for page 70 and passing at an intersection.

The way I read it the fact the car beside you was moving is irrelevant as it says you are allowed to pass at an intersection. It does say to check there are no vehicles coming out of side roads but I would interpret that to be side roads at that intersection where in your case the van pulled out of a intersection further down the road.

Grab a copy of it and take it with you when you go see the cops. Don't go in all pissed off and with a I'm right you're wrong attitude cos that will just piss them off. I'd go in with the road code, show them that page and say you thought you were in the right because of this and ask them to explain to you how you were wrong.

Hey Mikey that's really really great!!!! THANKS!!! Just the kind of helpful reply from someone I was looking for!!!!

I will do, Thanks!

[spudchucka]

are you trying to tell me that I should just forget it and call the lawyers first?

Not at all, I would like to witness you sucking up to the pigs though, it'd very funny.

[JeremyW]

Shame to hear bout your accident bob. Had that happen to me a while back, slightly different but still a dickhead van driver.

My advice is if you do some research and find you are in the right get on the offensive with a lawyer and go all guns blazing. Because remember although you have not lost your no claims bonus you will still have an accident which is deemed to be your fault on your record.

I am assuming you are under 25? Becasue I have heard of people having accidents such as this and although they were in the right they have admitted liability to get it sorted quickly and the insurance company has cancelled their other policies (car and contents) when they come up for renewal, then try and get insurance!

I know its a bastard but you will probably have a long shitfight with all involved but if you get on the offensive it will help a lot! The other scary thing that could occur would be for the van driver to come after you! And the police with their reckless driving charges.... please dont do what others have done and hope it just all goes away.... I listened to them and mine is close to getting sorted with Mr shit-for-brains van driver now significantly out of pocket and hopefully a LOT more careful!

[cowboyz]

bummer dude. I have family who live up the end of milson line. that is a dodgey intersection at the best of times. I have seen so many nose to tail accidents just back from that off the hump bridge. hope all goes well getting your bike back together again

[apteryx_haasti]

I'm with AMI ...

Sorry to hijack (and glad to hear you're OK Bob) but can I just ask anyone who is with AMI if they have a garage?

I have all my other policies (house, contents, car) with AMI, but they wouldn't insure my bike because I don't have a garage. I keep my bike in the back of my car port, behind my car (when it's there, obviously), under cover and locked to the carport itself. But, no dice with AMI. I thought that was a bit stink, considering how much other business they get from me.

Went with National Auto Club in the end.

[/rant]