Duty to avoid a collision and insurance payouts

Duty to avoid a collision and insurance payouts

Author
Discussion

saaby93

Original Poster:

32,038 posts

184 months

Sunday 7th August 2022
quotequote all
Highway Code says everyone has a duty to avoid an incident.
Remember this incident where the biker lay his bike down on the road to avoid a falling bridge
https://www.bbc.co.uk/news/uk-england-kent-3722418...



The DCW threads usually show people colliding but occasionally someone takes to the trees to avoid a collision with maybe someone pulling out of a road junction.
However it's still a collision.
If theyd collided with whoever pulled out, the insurance claim may have been straightforward. If they collide with the trees, is it just a claim through their own insurer or is there some come-uppance against the third party?

Any experiences?
Does it seem best to collide for insurance purposes despite what the Highway Code says?

Rufus Stone

7,723 posts

62 months

Sunday 7th August 2022
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Why is this NP&E?

Alex_225

6,599 posts

207 months

Sunday 7th August 2022
quotequote all
I've thought the same thing before. If you swerve to avoid some moron who pulls out on you, your car ends up in a ditch and the idiot drives off unaware or uncaring you get penalised for claiming off your own insurance.

I suppose this is when witnesses to prove that you only crashed due to someone else. That I suppose is a perfect example of why having a dashcam running just to cover your own back is a good idea.

Starfighter

5,051 posts

184 months

Sunday 7th August 2022
quotequote all
“If,due to the presence of a motor vehicle….”

No need for contact for there to be an insurance claim.

dirty doug

485 posts

201 months

Sunday 7th August 2022
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Never aim for the tree…

Zarco

18,403 posts

215 months

Monday 8th August 2022
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Not sure a bridge falling down in front of a biker is the best example to make this point nuts

COM31E

2,188 posts

87 months

Tuesday 9th August 2022
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A colleague had this issue. He was on his 1200 bike, dizzy parent pulled out on him at a school and he laid the bike down to avoid going over her car.

The bike ended up battered to buggery, but made no contact with the car.

He fought for over 2 years to get anything covered by insurance.

cantstopbuyingcars

263 posts

27 months

Friday 12th August 2022
quotequote all
Alex_225 said:
I've thought the same thing before. If you swerve to avoid some moron who pulls out on you, your car ends up in a ditch and the idiot drives off unaware or uncaring you get penalised for claiming off your own insurance.

I suppose this is when witnesses to prove that you only crashed due to someone else. That I suppose is a perfect example of why having a dashcam running just to cover your own back is a good idea.
I suppose this is the decision we all make to drive defensively. Because it could be argued that the person did not do anything massively wrong and you completely overreacted. Really the only way to ensure the other person's insurance claim would be to smash into the back of them (drive 'offensively') and then the court would see you could not have slowed down in time.

The same applies if someone does a poor overtake coming your way- you may well kill yourself and the person but if you maintain your stride and smash into the oncoming car it will be their fault for doing the poor overtake smile

Dingu

4,228 posts

36 months

Friday 12th August 2022
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What on earth have I just read.

MikeGTi

2,547 posts

207 months

Friday 12th August 2022
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cantstopbuyingcars said:
I suppose this is the decision we all make to drive defensively. Because it could be argued that the person did not do anything massively wrong and you completely overreacted. Really the only way to ensure the other person's insurance claim would be to smash into the back of them (drive 'offensively') and then the court would see you could not have slowed down in time.

The same applies if someone does a poor overtake coming your way- you may well kill yourself and the person but if you maintain your stride and smash into the oncoming car it will be their fault for doing the poor overtake smile
Good lord.

TwigtheWonderkid

44,430 posts

156 months

Friday 12th August 2022
quotequote all
COM31E said:
A colleague had this issue. He was on his 1200 bike, dizzy parent pulled out on him at a school and he laid the bike down to avoid going over her car.

The bike ended up battered to buggery, but made no contact with the car.

He fought for over 2 years to get anything covered by insurance.
It should have been covered by his own comp insurance, no issue. Claiming against a third party that you haven't hit, a lot more tricky.

Basically, to successfully claim of someone who wasn't involved in the collision but who you think caused it, you need one of 3 things. An admission of guilt from the other person, 0r dashcam footage, or an independent witness. Otherwise, not a hope.

cantstopbuyingcars

263 posts

27 months

Friday 12th August 2022
quotequote all
Dingu said:
What on earth have I just read.
If you didn't drive defensively, yes it would be easier to claim on the person's insurance, but there would be lots of deaths too.

cantstopbuyingcars

263 posts

27 months

Friday 12th August 2022
quotequote all
MikeGTi said:
Good lord.
Sometimes life is just unfortunate.