Accident scenario, who is that fault ?

[chiller]

Hey guys I just had a quick question, I haven't been in an accident or anything ( knock on wood) but I was wondering what would happen if you got into a crash because some guy swerved in your lane when riding, you try to maneuver so the car doesnt hit you but you lost control and crashed. The guy in the car just drives off since nothing happened to his car. Or any kind of scenario for that matter where you are not at fault when you are just riding following the law & get into an accident because of other cars but they drive off / or even stay at the scene of the accident since they caused the crash. How would this situation play out in the claim process. Thank you.

You mean ... like this ? LOL

https://www.youtube.com/watch?v=eSE3fkeHAmo

 

[Blackfin]

I have to think there are circumstances where such things would happen where you wouldn't be deemed at fault by the police and/or insurance. Would video evidence of someone's otherwise illegal action -- running a red, dangerous lanechange etc -- make any difference if it shows that the loss of control resulted from that illegal act?

 

[hedo2002]

Police don't determine "fault" they only determine if an offence was committed. I have seen circumstances where friends of mine were going to charge someone, but that person showed them a video and they decided not to pursue charges.

As for insurance, yes as I have posted previously, I was contacted by another persons insurer as he had claimed I had hit him and caused damage. My insurer based solely on the other persons word had listed it as an at fault accident on my insurance record. I ended up submitting two VERY short video clips, (front and rear bike cameras), which showed the other driver had actually made contact with me while trying to pass me on the right of a single lane road in MY lane. My insurer reversed it to 0% at fault for me and advised the other insurer they would not be settling with them. Never heard what became of it from there.

So, I would say yes video can be a very useful instrument. On the other hand it could also I would imagine bite a rider big time if they were the one doing things improperly..lol As we have witnessed from guys posting on youtube and then getting busted..lol It could also be detrimental if god forbid a rider had video rolling did something wrong and was killed, the insurer I am sure would try to obtain the video to deny a payout to the family, No idea if that has happened yet.

I have to think there are circumstances where such things would happen where you wouldn't be deemed at fault by the police and/or insurance. Would video evidence of someone's otherwise illegal action -- running a red, dangerous lanechange etc -- make any difference if it shows that the loss of control resulted from that illegal act?

 

[yodude]

I was contacted by another persons insurer as he had claimed I had hit him and caused damage. My insurer based solely on the other persons word had listed it as an at fault accident on my insurance record

no end to ins bs

 

[LePhillou]

I was going to fast in car on highway, got cutoff by car making lane change, by avoiding them i ended up rear ending a 3rd MUCH slower car that they were passing in right lane. Was all my deemed fault. Had i stayed in my trajectory, would have been that unsafe lane change guy's fault, but i don't know if we would've come out of that unscathed (rear ending didn't change my or the 3rd cars trajectory even at highway speed as impact was in same direction but i could imagine a lane changer coming into me couldve had a much more dramatic effect)

 

[H4x0rz]

I was going to fast in car on highway, got cutoff by car making lane change, by avoiding them i ended up rear ending a 3rd MUCH slower car that they were passing in right lane. Was all my deemed fault. Had i stayed in my trajectory, would have been that unsafe lane change guy's fault, but i don't know if we would've come out of that unscathed (rear ending didn't change my or the 3rd cars trajectory even at highway speed as impact was in same direction but i could imagine a lane changer coming into me couldve had a much more dramatic effect)

Yep.. shoulda hit the car making the lane change ..