was i in the wrong??

Matt the Tester
Matt the Tester Posts: 1,261
edited March 2011 in The bottom bracket
everyone i was involved in a crash yesterday and i want to know if what i done is standard and road legal...

woman reverses out from the shop starts driving baring in mind she was only doing about 8 MPH and i was going at 15MPH BUT i was on the left hand side so i moved the right hand side to overtake as undertaking is illegal and dangerous and then she turns into me! indicating after she started turning! i tried avoiding it by going as wide as possible but road furniture was preventing me from doing so.. i went down pretty hard i have damaged my shoulder and now i have a appointment to see a specialist about a ligament in my right knee


i have to stay of my bike for weeks now..

any opinions on this would be greatly appreciated

she said she saw me also before she started turning...

police are involved and my dad is saying i should go down to the solicters..
Coveryourcar.co.uk RT Tester
north west of england.

Comments

  • Anonymous
    Anonymous Posts: 79,667
    You need witnesses to back up your story or the police won't be able to do much.
  • Matt the Tester
    Matt the Tester Posts: 1,261
    yea a witness came forward shortly afterwards.

    my little brother saw what happened also.
    Coveryourcar.co.uk RT Tester
    north west of england.
  • Cleat Eastwood
    Cleat Eastwood Posts: 7,508
    Dude, I'd go down to the solicitors as soon as.

    I got hit by a car in a similar circumstance in ormskirk, i thought I was ok but after seeing a doc I was told I'd damaged a rib.

    If i'd known how damaged i was i would have taken action.

    Presumably you'll have a police incident log number and your injuries sound bad, so do it dude, its your right.

    If a doctors seen your injuries then it carries an awful lot of weight.

    Good luck and have a speedy recovery.
    The dissenter is every human being at those moments of his life when he resigns
    momentarily from the herd and thinks for himself.
  • It sounds like she stole your road, forcing you to the right before she set off into you, adding injury to insult, to rephrase the saying. If I've understood it right, you took evasive action, which is a perfectly natural reaction. Your only possible misjudgement was not fully appreciating quite how incompetent the driver would be.

    Witnesses? Don't expect to ever again hear her admission that she saw you before turning. Once the initial honest response has passed, stories change....

    Bad luck having to miss the good riding weather. Hope you get back on the bike soon.
  • Matt the Tester
    Matt the Tester Posts: 1,261
    thank you for your views and well wishes :) i shall go see the appropriate people on monday.

    ill let you all know how it goes.
    Coveryourcar.co.uk RT Tester
    north west of england.
  • well first of all apolgies for ressurecting my VERY old thread! almost a year old now...

    for those of you who remember or Read the thread and what happened there HAS been an update in the situation. the Third party HAS accepted fault and now Finally!(too little too late?) i am due to see another medical expert and assess the damage which occured to me on said occasion.

    i think its more of a pyscological issue now because i am scared of going down that road. but i still feel pain in shoulder from incident at times.


    sorry for ressurection once again :)

    edit. this medical report WILL be going to the Courts and they will (i think?) decide on a settlement.
    Coveryourcar.co.uk RT Tester
    north west of england.
  • StillGoing
    StillGoing Posts: 5,211
    I doubt it will reach court. Her insurers will want to avoid court at all costs but will try and wear you down by dragging their heels over everything and make you think you'll have to go to court to get anywhere. Get your solicitor to add the emotional stress of them failing to address this within a reasonable time and the fear of using the roads and they'll soon start moving to avoid the claim bumping up even further.
    I ride a bike. Doesn't make me green or a tree hugger. I drive a car too.
  • philthy3 wrote:
    I doubt it will reach court. Her insurers will want to avoid court at all costs but will try and wear you down by dragging their heels over everything and make you think you'll have to go to court to get anywhere. Get your solicitor to add the emotional stress of them failing to address this within a reasonable time and the fear of using the roads and they'll soon start moving to avoid the claim bumping up even further.
    great thanks for that advice! i am Contacting them today so i will mention this to them.

    thanks :)
    Coveryourcar.co.uk RT Tester
    north west of england.