According to this guy I was at fault, regardless that he moved into my lane forcing me over, and when I moved back into my right wheel track he took my mirror off. He refuses to pay and referred me to his insurance company, and the cost of following it thru (price and no claims cost of insurance) do not justify it.
Was I in the wrong?
He clearly hits you .
Hmmmm.
The pizza delivery guy is all over the road.
He hit your vehicle. Period. Or did your mirror come off all by itself? My 2 cents.
you're both on the wrong side of the road !!!!!!!! :goofy:
Was I in the wrong?
I think so, on several occasions. First ,there was plenty of room for you to move over so the cager could also pass the vehicle turning right. We want those cagers to give us some space so we can filter, this works both ways. At the time where the both of you collide, you are moving from your line into his. It is not clear where exactly he was at that time, beside you or behind you. If he was indeed behind you he should/could have stayed behind. And finally you see there is an accident with a rider down in the center of the street and you pass the car on the left obstructing the car from moving over to keep a safe distance from the downed rider. Was that really necessary? :blink:
Just my opinion after watching that video :dry:
Well you have his registration number, you could give It to your insurance co, but I reckon insurance companies would say 50 / 50
The road is quite narrow for two vehicles and you are in the middle of the lanes.
This van driver got behind someone making a turn and then ended up behind the motorcycle accident. He is concerned with not running over people in front of him, and very well may swerve over occasionally to avoid them. You know that, even if swerving over is not legal and he is supposed to wait for clearance.
On one hand I would say you absolutely cannot be immediately next to this guy. If you were in a car he would respect you because he doesn't want to scrape the entire side of his van. But you are on a motorcycle and he is implicitly okay with running you over and killing you because he can wash the skin marks off his truck with no big deal. But on the other hand the traffic in both lanes stops then speeds up constantly, so it was impossible for you to keep yourself in front/left of him where he would always see you.
But knowing all of that, and if those indeed are two lanes, you are smack dab in the middle of them. He is in his lane when he takes out your mirror. You appear to be defending your position, or getting a good view of traffic maybe, but you cannot defend that spot against large heavy vehicles that make bugs out of humans, especially knowing the above, that he may need to swerve over. I am assuming those are two lanes.
Yes I think I would let this one go and take it as a hard lesson.
Buy a new mirror and be happy you're not the guy laying in the road.
Looks 50/50 to me, as stated above there was room for both of you, you can't give space then take it back. No real damage done, a mirror is cheaper than insurance excess. Live & learn.
Alternately just keep an ice pick on your bike for those mad moments when someone refuses to stop or badly cuts you up, follow to next light, pick hole in roof above drivers head then ride off. That's what a courier I knew in London used to do, but he was mad as a box of frogs :)
I thought it was much more less confrontational over there .
From what I saw it was his fault period. You had the lane, he needed to wait before merging and he obviously knew you were there as well. I say he needs to pay for the mirror. I'm not sure what people are thinking saying your at fault or 50/50. He filters right into your bike and it appears to be a company truck. Call the company and see what they tell you.
I ran this video thru a number of people at work, and just like here the opinions on who's at fault vary. I can partially understand those who say 50/50, but I still don't see it being my fault completely when he had to merge behind me when passing the car turning right and the road goes from two lanes to one. I guess we can agree to disagree there.
I did call his company, they looked at the video and obviously sided with him. They won't budge, and I'm guess their calling bluff, telling me to have this dealt with their insurance company, as they know it will cause me more pain than them.
....I was wondering how many people were going to comment on the guy just past the lights. Poor chap, at least that wasn't me.
I'm not sure about anyone else, but I have been taught (and believe) to own my road. If there are two lanes going the same way, then stay on the right wheel track closer to the other lane (or the opposite way for those backward countries :P ). I do this to prevent people coming into my lane, and giving me enough space to move over if someone did try.
I'm not sure about anyone else, but I have been taught (and believe) to own my road. If there are two lanes going the same way, then stay on the right wheel track closer to the other lane (or the opposite way for those backward countries :P ). I do this to prevent people coming into my lane, and giving me enough space to move over if someone did try.
You cannot defend yourself against cars and trucks, they will run you over! You don't own your space. Anyone who pulls over and flattens you owns the space. If you are right up against them, you have no time nor space to dodge them when they come over, and you are assuring this event, or worse, will happen again.
Your point of view assumes that everyone around you will abide by your ownership. They won't. Even if 99.99999% of them do, when you meet the 1 that doesn't, it's curtains for you my friend!With this extremely slim road the tenet of left lane/middle lane/right lane is somewhat of a nuance, so that makes the "what should I do in this situation" difficult to answer. On the freeway when vehicles pull up behind me I immediately pull to the opposite side of the lane, and make sure I am in their view. This gives me lots of time and space to move if they should encroach. On this very narrow road, it is somewhat different when the space across the lane is so slim. Face it, there is not a lot of space to select from. However I still think you are setting yourself up to be run over by the next person who is on their cell phone.
If you want to pursue this, the only authority of fault is the police. I do not think there is any harm in showing this to them. If they side with you, you may fill out an affidavit and they will issue a citation. Of course I am not sure how things work where you are, so it may be different. But if you can solicit a citation, now you can go right to insurance. And you will know that the company is going to pay higher premiums and such, all because they did not want to do the right thing and pay for the damage. If you want to make a stand I think that effort would be worth it. It would at least be a good exercise in figuring out how the system works and seeing if it works on your behalf. What else do you have to do on a Saturday anyways? :)
To me it's a slam dunk the guy in the van clip you on purpose.
I'm not sure of your laws on that side of the pond but I can tell you here in Arizona he would be issued a citation for moving left not in safety. I was a motor officer for 10 years and had I seen that video I would have written him the ticket! Just my 2 cents and I would push the issue if it was me, but its your time.
Me too. But it is either that or lane sharing, not changing modes every other second.I'm not sure about anyone else, but I have been taught (and believe) to own my road.
I'll be brutally honest here, you fucked around and it cost you your mirror. Why sit behind traffic when you can filter. I'd have taken that gap at 26 seconds and been off, doing the obvious shoulder check to ensure he saw me...then a polite nod to say thanks.
However, he took a tight right overtake, in the eyes of the law - you were filtering and therefore you owned that bit of road, he would be seen as at fault. He had to move over left to avoid the central island, another case of him being at fault.
I filter in much, much worse traffic than that and have done for years, so far I've only come a-cropper once, a car decided to change lanes and took my back wheel with him. 8mph and two broken ribs, a broken knuckle and an 8 hour hospital stay later, I vowed never to hang around between cars again. Move or get squashed.
Filtering is THE safest way to use a motorbike, no matter what any uneducated twonk might tell you, don't be afraid to get stuck into it.
Next time do like the rider that passed you on the left. :wink:
Mirrors can be expensive, but even so it's not worth pursuing when you have no real chance of getting paid for it. :sleep:
Regardless of fault, did he stop and exchange details with you? Not doing so is an offense under s.170 RTA 1988. If details were not exchanged at the scene, each driver, including you, is required to report the incident to the police. The police will not prosecute in most cases, but will send out a s.172 notice to the van's registered keeper, which should eventually identify the driver, to allow the incident to be resolved by the respective insurers. Speaking of which, your insurer may require you to report the incident to them regardless of whether you make a claim. Your policy will state the exact requirements applying to you. However, most insurance companies will ask upon renewal if there have been any incidents, regardless of fault, and you would be committing fraud if you failed to disclose... (Yes, that means your premium may increase, even if you do not make a claim against anyone...)
Ciao,
Now you have some free legal advice, what a great site .
Regardless of fault, did he stop and exchange details with you? Not doing so is an offense under s.170 RTA 1988. If details were not exchanged at the scene, each driver, including you, is required to report the incident to the police. The police will not prosecute in most cases, but will send out a s.172 notice to the van's registered keeper, which should eventually identify the driver, to allow the incident to be resolved by the respective insurers. Speaking of which, your insurer may require you to report the incident to them regardless of whether you make a claim. Your policy will state the exact requirements applying to you. However, most insurance companies will ask upon renewal if there have been any incidents, regardless of fault, and you would be committing fraud if you failed to disclose... (Yes, that means your premium may increase, even if you do not make a claim against anyone...)
Ciao,
Thanks for the advice. He didn't actually stop to exchange details, I had to pull up next to him and tell him to pull over, and was reluctant at first, but eventually did. I kept my camera rolling for the entire time talking to him, just in case, as you never know how some people in London will react.
I also called my insurer, and they said I don't have to report it if I don't want to make a claim, regardless if it was my fault or not. But then I fall into the trap of my premium going up and all that too. Hmmmmm.... I wonder when it comes time to renew my cover and they ask the question have I ever been in an accident in the last 12 months, will they have kept a record of me calling up and asking about how the claiming system works when someone took my mirror off..?
Not sure how traffic laws are in UK, but here in the States, this is how I would see it:
1. You were up front and therefore had the right of way of the entire width of your lane - and there was ONLY one lane at the time of collision. You were at the center of the lane. The fact that you move slightly side to side in your lane does NOT mean you lost the right of way. A motorcyclist may choose to ride to one side of his/her lane for a multitude of safety reasons. Any other vehicle that intrudes into the width of your lane is violating your right of way.
2. The car was behind you and clipped your mirror as he was trying to pass you. The collision was a result of passing with insufficient space to do so. Here in the States, passing is explicitly allowed when a vehicle can safely do so. In your case, the other driver clearly did not meet that criteria.
If I were you, I would not get your own insurance co involved. File a claim with the other guy's insurance and use your cam recording as proof of their insured's negligence.
His insurance company will always say your fault, unless the police say otherwise. That is their job, to make it someone else's fault.
Where I live, and rules may differ by region, insurance companies do not make the fault determination. If two vehicles are involved a police report is required. Call the insurance company, either yours or the opposition, and they will tell you to fill out a police report. Ergo, whatever the report says determines the action that they take.
If an insurance company accepts the fault for the mirror, then all of a sudden they are legally liable for all damages, such as a million dollar back surgery that you discover the accident also caused. They would never set themselves up for that.
I'm glad you were not knocked over! Could have been way worse if he had come a bit closer.............
In the video, it looks like you came to a complete stop just as he hit your mirror, which may have surprised him as he was clearly not paying attention. It looks like The main mirror assembly is $76.50 (http://www.babbittso...7062560e/mirror) so it would most likely be a waste of time to pursue.
It's probably just rounded off the thread on whatever retaining bolt is in there, I've not had the mirrors off yet but I'm going to sand and spray mine as they have marks. Folding it back reveals two sunk bolts, I'm assuming there's another one that works through the centre for the mirror to rotate on?
2 nuts under the trim piece inside the shield and the electrical connector
your deductible is prob more than the cost of the mirror
haha, never know....stranger things have happened
Elfreako, are you replacing the WHOLE mirror? If so, can I buy this broken one off you? I want to commit a frankenstein experiment on it :)
Sorry John, I've only bought the metal stem. I initially did charge them for the whole replacement mirror, but I couldn't justify wasting the rest of it when it was still in good nick.
I picked up my parts from Honda MotoDen in the city. They said someone ordered a right-hand cover/plastics and then said they didn't need it. Perhaps if you speak to them they might do it at a discount rate?
You should have taken the other mirror off and got some bar-ends.
That would look like absolute dog shit and have virtually no functionality in comparison to the originals, and you're losing front indicators doing that.