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Original post by danty
You are suggesting that the car crossed a lane - it didn't. This is where the analysis is drawn and you're picking on the wrong person. The driver was in his lane and the cyclist tried passing him on the inside in his own lane - Nobody should attempt to pass within the same lane on a junction, whether inside or outside.

~Matt


No. I did not say that. I was merely putting forward an equivalent situation. The cyclist had no intention of overtaking, no warning that the car would turn left in front of him, and no chance to avoid the crash, just as a car wouldn't have in the circumstances I described.
Original post by Good bloke
No. I did not say that. I was merely putting forward an equivalent situation. The cyclist had no intention of overtaking, no warning that the car would turn left in front of him, and no chance to avoid the crash, just as a car wouldn't have in the circumstances I described.


Well no, that's not an equivalent situation, as in that case the car in the right lane would have been in the wrong lane in the first place. A more realistic 'equivalent' situation would be a car hitting the car it was following because it failed to respond to the car ahead manoeuvring to turn.

I'll also go out on a bit of a limb here and say I wouldn't particularly check my mirrors before turning left unless I'd noted a particular hazard (granted, a cyclist would constitute such a hazard). I will have just passed the area, and so noted anything that could be an issue, and any vehicle approaching from behind is the give way vehicle. Obviously I would be monitoring the mirrors as normal but my I would primarily be focusing on the road ahead of me and where I was turning.
(edited 8 years ago)
Original post by CurlyBen
Well no, that's not an equivalent situation, as in that case the car in the right lane would have been in the wrong lane in the first place. A more realistic 'equivalent' situation would be a car hitting the car it was following because it failed to respond to the car ahead manoeuvring to turn.

I'll also go out on a bit of a limb here and say I wouldn't particularly check my mirrors before turning left unless I'd noted a particular hazard (granted, a cyclist would constitute such a hazard). I will have just passed the area, and so noted anything that could be an issue, and any vehicle approaching from behind is the give way vehicle. Obviously I would be monitoring the mirrors as normal but my I would primarily be focusing on the road ahead of me and where I was turning.


We have our winner
Reply 63
Original post by Basiji
So my cycle insurance just got back to me with their decision about my collision with another car that occurred around 2 weeks ago. They say 'I MAY be at fault' and won't be pursuing uninsured losses with the third party insurance. wtf does 'may' mean. I don't agree with their decision at all but maybe I'm wrong and would like some other opinions on this.

Anyways this is what happened:...

.


My first thoughts are that it comes down to the indicator. If you cannot prove that the driver wasn't indicating then you are probably going to be considered at fault. I say this because the insurance company will tell you that at all times you should be far enough behind the vehicle so that you can react and brake if need be. They will say that you were too close to the car and so could not react quickly enough.

There have been lots of claims like this where cars will purposely slam on the brakes in front of another car and then will win the claim as they can state that the car behind had not left a large enough gap.
Original post by Toucan
My first thoughts are that it comes down to the indicator. If you cannot prove that the driver wasn't indicating then you are probably going to be considered at fault


This is what I've been tying to get the OP to understand, however the OP keeps slabbering on about mirrors.
Reply 65
Original post by Basiji
So my cycle insurance just got back to me with their decision about my collision with another car that occurred around 2 weeks ago. They say 'I MAY be at fault' and won't be pursuing uninsured losses with the third party insurance. wtf does 'may' mean. I don't agree with their decision at all but maybe I'm wrong and would like some other opinions on this.

Anyways this is what happened:

I was cycling down a road and approaching a junction. Around 15 metres before the junction I safely overtook two fellow cyclists and pulled back into the left side of the road. The lights at the junction were solid green and there was a blue car in front of me. My intentions were to go straight ahead. Just as I get to the junction this blue car suddenly turns left and I get left hooked and crash into the side of his car. I used my brakes a little, but it was too late to avoid impact. If I had braked too hard I would have flipped over.

Now this car did not indicate that he was turning left, if he did, I would have stayed in the middle of the road after overtaking the other two cyclists and would have overtook the blue car and gone straight ahead but I thought he had the same intentions as me and so I pulled back in to the left side of the road to go straight ahead. The driver argues he did indicate (it was an incredibly sunny day).

Nevertheless, even if he did indicate the driver should have checked his mirrors before turning. I overtook two other cyclists before the junction meaning I was in the middle of the road and in plain view of the drivers mirrors. He didn't check his internal mirror, nor did he check his left mirror before turning. Me as I cyclist in a cycle path have right of way. If a car wants to cross my path, he has to check his mirrors. It is my decision to give way or not. I should not have to brake hard or change my course of direction suddenly just to let another motorist through. If you indicate with in good time I am more than happy to give way.

Anyways any opinions? Thanks.


Indicating more or less negates fault in this type of circumstance, yes, he should have checked his blind spot and mirrors, but if you cared enough for your own safety, you'd have cycled around the other side of said vehicle (assuming he was indicating as he said and you've not seen that due to sun glare or something of that nature), or not been as close to the car in front to start with.

I've been in a similar situation before, sat in a yellow box junction waiting to turn right (indicating right), about 2 seconds before I go to turn a motorbike comes flying past (going straight on) on my right hand side.... I was annoyed with myself for not checking my mirrors before turning, thankfully it was a close call, and not an actual collision.

My boss and my dad both said biker would have been at fault, overtaking on the wrong side of the vehicle, thus putting himself in danger.

To my knowledge he only did this because overtaking on the left would not have been beneficial to him as it was congested straight ahead, and cars were tight to the curb on the left hand side.

Still doesn't negate the blame though I guess.
Reply 66
Original post by Basiji
fair point for the first one.

if he had checked his mirrors he would've seen me.

i never undertook, overtook, filtered. i was at ALL TIMES behind the car and because of my speed could not stop in time and hit the side of his car.

like i said before i was behind it by at least 5 metres but because he suddenly turns left i could not stop in time.

i assumed he was going straight because he did not indicate left or right? isn't that what they're for?

don't want to bait out this thread to insurance company.

hope this helps brah.


As has been said before, indicators are a courtesy thing, they are not a legal requirement, that negates the non-indicating point.

Again, as said before, you should have sat behind until you were clear of the junction, rather than try to overtake a moving car on the left hand side, which as you said yourself you thought was going straight on.

Why would you even try to overtake a moving car on the left hand side? Not only does it put you at risk as has happened here, if the car picks up any speed it made the whole maneuvre pointless.

Another issue, is the speed and distance, going at the speed you make out, I would not want to be anywhere near the rear left side of a car in the right hand lane, dropping back or slowing down would have been a better idea.

I get the impression that you feel it is not just your fault because "the other driver didn't indicate"... that is not an excuse to negate being close to the car in front (whether you were to the left of it or not) and the fact you were probably going too fast as you say you "didn't have time to stop".
To be fair, the fact you cycled into the side of his car means you were an unsafe distance if you didn't undertake. As the car yes didn't signal, but what if he had to swerve out of the way of a child? So you were either too close, or you did undertake. You're asking opinions of people, who are experienced drivers, or had similar situations. I think from reading, you are 50% to blame, but all the driver needs to say is he did indicate (as you said sunny day) and there's a considerable possibility that you are 100% to blame - at least in the eyes of the courts and insurers. That's from a neutral perspective.
Reply 68
Original post by Smithers93
To be fair, the fact you cycled into the side of his car means you were an unsafe distance if you didn't undertake. As the car yes didn't signal, but what if he had to swerve out of the way of a child? So you were either too close, or you did undertake. You're asking opinions of people, who are experienced drivers, or had similar situations. I think from reading, you are 50% to blame, but all the driver needs to say is he did indicate (as you said sunny day) and there's a considerable possibility that you are 100% to blame - at least in the eyes of the courts and insurers. That's from a neutral perspective.


This thread is TWO YEARS OLD.
I wanna know how the court battle went :frown:

Original post by IWMTom
This thread is TWO YEARS OLD.
Reply 70
Original post by Smithers93
I wanna know how the court battle went :frown:


The OP hasn't been on TSR since 2016 so I'm closing the thread - if they'd like to reopen it they can request it by AskingTheCT.

If you have a similar query please start your own thread to ask it :smile:
(edited 5 years ago)

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