Am i at fault?

[Marina13]

So this morning i colided with a motorbike, and my car is probably a write off. I was pulling out of a side Road to join traffic on the main Road, turning right. Ive been basically told by the insurance company that it is likely to be my fault based on what i told them (mistakenly said there was damage to wheel arch) but now ive gone back to assess the damage to my car i feel like it is debatable...

As i pulled out of the side Road i looked right and clearly saw cars but they were far enough away for me to pull out safely. No motorbike was in sight. By the time we colided i was more or less on the other side of the Road just about to join the main Flow of traffic. All of the damage to my car is at the Front and i feel like this backs what i am saying. I definitely think he must have been speeding but apparently there is no way to establish this so thats not relevant. But would i still be classed as culpable despite being basically on the other side? I feel like he must have been way too far over the opposite side of the Road in any case?

All advice appreciated. I want this sorted but just dont want to get blamed unnecessarily

[Nik da Greek]

I would suggest it is largely irrelevant whether he was speeding, you still have a duty to not pull out across his right of way (it sounds like he did have right of way from your description). I'm not sure that SMIDSY is really a defence?

[DuraAce]

Marina13 said:

So this morning i colided with a motorbike, and my car is probably a write off. I was pulling out of a side Road to join traffic on the main Road, turning right. Ive been basically told by the insurance company that it is likely to be my fault based on what i told them (mistakenly said there was damage to wheel arch) but now ive gone back to assess the damage to my car i feel like it is debatable...

As i pulled out of the side Road i looked right and clearly saw cars but they were far enough away for me to pull out safely. No motorbike was in sight. By the time we colided i was more or less on the other side of the Road just about to join the main Flow of traffic. All of the damage to my car is at the Front and i feel like this backs what i am saying. I definitely think he must have been speeding but apparently there is no way to establish this so thats not relevant. But would i still be classed as culpable despite being basically on the other side? I feel like he must have been way too far over the opposite side of the Road in any case?

All advice appreciated. I want this sorted but just dont want to get blamed unnecessarily

Sounds like your fault to me.

[Marina13]

Its his right of way if he was there at the time i pulled out but i feel like the only way he got there so fast is that he over took the cars on his side (the ones far enough away that i was pulling out safely in front of) and sped onwards. I know everyone says it but he really came from no where and thats the only explanation i can think of. When i pulled out the Road was clear. I dont see how i could have prevented it happening.

[spookly]

Marina13 said:

Its his right of way if he was there at the time i pulled out but i feel like the only way he got there so fast is that he over took the cars on his side (the ones far enough away that i was pulling out safely in front of) and sped onwards. I know everyone says it but he really came from no where and thats the only explanation i can think of. When i pulled out the Road was clear. I dont see how i could have prevented it happening.

Yeah, or you didn't see him. Which is what it sounds like to me.

[kiethton]

spookly said:

Yeah, or you didn't see him. Which is what it sounds like to me.

As a biker it’s almost definitely this.

Let your insurance pay the guy (and yourself) out. For your sake I hope the biker wasn’t injured/police didn’t have to attend else there’s a likely DWODC prosecution/course coming your way.

[seiben]

Was the biker ok?!

[NickGRhodes]

Marina13 said:

Its his right of way if he was there at the time i pulled out but i feel like the only way he got there so fast is that he over took the cars on his side (the ones far enough away that i was pulling out safely in front of) and sped onwards. I know everyone says it but he really came from no where and thats the only explanation i can think of. When i pulled out the Road was clear. I dont see how i could have prevented it happening.

What was the speed limit of the road ?
How far away were the cars when you started to pull out ?
What injuries did the motorcyclist sustain ?
What was the damage to the motorbike ?

[syl]

Your fault - but easily done. Even looking right/left/right it's very easy to miss something small that's moving, especially with the big A pillars we have too. Look up saccadic masking on Wikipedia / YouTube. Although you're going to be liable, doesn't mean you were driving without due care.

[Reg Local]

Marina13 said:

Its his right of way if he was there at the time i pulled out

No such thing as right of way, but the vehicles on the main road have got priority over vehicles joining the main road. The motorcyclist was definitely there, or the collision wouldn't have happened.

Marina13 said:

but i feel like the only way he got there so fast is that he over took the cars on his side (the ones far enough away that i was pulling out safely in front of) and sped onwards.

Irrespective of the motorcyclist's actions, it was your responsibility to make sure it was 100% clear before pulling out. You didn't, and the collision occurred as a direct result.

Marina13 said:

I know everyone says it but he really came from no where and thats the only explanation i can think of.

No, he really didn't appear from nowhere. There isn't a fleet of magical vehicles which appear, phantom-like from the ether & cause collisions. The motorcyclist was there all along - you didn't look properly or effectively enough, and the collision occurred.

Marina13 said:

When i pulled out the Road was clear. I dont see how i could have prevented it happening.

You could have looked twice & been in less of a rush to join the main road.

Look at this incident honestly and try to learn from it instead of trying to push the blame onto someone else. The motorcyclist may have been speeding or committing other violations, but you really do have to learn as much from this as you can - don't go into denial.

Perhaps some further driving instruction to improve your observation skills might not go amiss?

How's the motorcyclist by the way?

[feef]

Sounds like a likely candidate for saccadic masking. (Worth reading up on it. It’s responsible for a quite a few accidents of this manner)

[valiant]

SMIDSY init?

[anonymous-user]

valiant said:

SMIDSY init?

Sounds very much like it is.

Sorry OP, your fault.

[anonymous-user]

It does sound like you are at fault as you were manourvering across the major road irrespective of you believing the road was clear at the time.

Motor bikes are easy to miss and can make ground very quickly, hope the rider is okay as bent metal can be repaired easily.

[Marina13]

Thanks for the input. He was totally fine thank God.

[James_33]

I would be inclined to say it's your fault based on what you've put here, if you've been on a side road and pulled into the main road and then he's hit you then the insurance company will put you at fault, all that aside though, it's an accident no matter how big or small, and as long as all parties involved are ok then that's the main thing, metal can be replaced.

[Pica-Pica]

Funny this. Some time ago we had a thread whereby car A overtake lorry B, and car C pulled out of a junction from the left (to A and B) and hit car A. If I recall the majority said car A was at fault for overtaking when approaching a junction. From OP’s description this sounds similar.

[krisdelta]

The main point, past everyone being ok, is that you’ve paid a company to undertake this liability for you... bent metal will be fixed or replaced, the cost to you is your excess and potential increase in premiums - would this be materially different if not at fault? No, not really.. other parties insurance would pay, you may retain your excess, but maybe not.

[MDMA .]

Marina13 said:

Thanks for the input. He was totally fine thank God.

Aw, bless.

[Speed addicted]

The biker may also have been trying to avoid the collision, and gone onto the other side of the roads in the process.

I would typically brake then swerve rather than attempting to stop completely if I thought it was in any way marginal.
Most people’s reaction to finally seeing the bike is to stop (with a stupid look) so attempting to get round the front of the car is possibly the safest option.

Also you say he must have been speeding. You hadn’t seen him at all pre crash. How could you possibly determine his speed?

Edited by Speed addicted on Sunday 12th May 23:50