How do insurance companies view a situation where a motorcyclist lays down his bike to avoid someone turning left in front of him? No contact between the two vehicles. Some question about whether it was actually necessary to lay the bike down since the bike never slid to the point in the road where the car was. Single vehicle accident, 100% on the rider? Or 100% on the car driver, "turn not in safety." Or is it less clear cut than either?
Fault when "laying down" bike in the GTA?
- Thread starter Electric
- Start date
Odds are - rider at fault 100%.
single vehicle accidents are always 100% the operators fault.
Is this the case even if the car driver was, for example, failing to yield from a stop sign? It's not what you'd expect.
It is never necessary to lay the bike down. If it stopped laying down without hitting anything, it would have stopped standing up without hitting anything. 100% at fault to operator. Now the car obviously performed a %^$^%$ manoeuvre and should get some pain (failure to yield ticket probably), but the fact remains, the crash is still 100% the riders fault.
If contact is made between the 2 vehicles, fault becomes much greyer and both would likely share the blame. Sharing doesn't help with insurance though, the rider has to get down to 0% at fault before insurance stops caring.
100% rider's at fault. How do you "prove" car was in the process of turning in front of you? IF the other driver actually bothered to stick around they could just say I had lots of time to complete my turn rider panicked.
Also insurance is likely to invoke the ole, "if you were driving defensively and with adequate care and attention you would have seen the danger and been able to safely stop your vehicle." "Given you couldn't come to a safe stop you must have been riding beyond your limits or in an unsafe manner."
Also insurance is likely to invoke the ole, "if you were driving defensively and with adequate care and attention you would have seen the danger and been able to safely stop your vehicle." "Given you couldn't come to a safe stop you must have been riding beyond your limits or in an unsafe manner."
SweetOnion
Well-known member
True all around.. you're best bet is to hammer the brakes, man up and cruise right into them.
I had a guy U-Turn infront of me this summer... I ended up endo-ing in a straight line... cruised right into the side of the guy, bike went down and I did not. Paid for by the Cager's insurance, 0 fault to me.
Just be sure you can describe the situation very accurately and always use phrases like "riding in the correct blocking position" and indicate your speed was about ~3-4kph over the speed limit.
I have had 2 accidents in the last 6 years from people pulling out on me, and I have been found 0% at fault on both occaisions.
I had a guy U-Turn infront of me this summer... I ended up endo-ing in a straight line... cruised right into the side of the guy, bike went down and I did not. Paid for by the Cager's insurance, 0 fault to me.
Just be sure you can describe the situation very accurately and always use phrases like "riding in the correct blocking position" and indicate your speed was about ~3-4kph over the speed limit.
I have had 2 accidents in the last 6 years from people pulling out on me, and I have been found 0% at fault on both occaisions.
Dresden
Well-known member
Sounds harsh, but you would pretty much need to hit the person in some way so it's not a single vehicle accident. Otherwise the blame is on you (in the insurance companies eyes, even if you are not charged by the police)
Keep in mind, the insurance company's way of determining fault is not always the same as the police. Hence, even if you are not charged with an at-fault by the police, you can still be labeled as at-fault (or a percentage at-fault) by your insurance company.
I had a guy jump right off his bike when he came to a T intersection (the direction we were heading in dead ended, and only we had the stop sign). I think he was worried about riding across a live lane of traffic (there were zero cars on the road at the time) and not being able to stop in time so he jumped right off, did a perfect tuck and roll, didn't even scratch his helmet!! Bike didn't make it out so well.
Yup. Jumping off a motorcycle is much safer than jamming the brakes.
awyala
Guest
Fixed. Sarcasm increased.
in Jamie's world, anything's possible
gs500f
Well-known member
Hit the guy. If u crash it's a single vehicle accident and you are at fault. Prolly get a careless driving charge. I hit a deer 4 years ago. Opp came out. Gave them my story. They weren't very nice, basically like ya ya u were doing something stupid and crashed.
Inspected my bike and found deer hairs all over the right side. Found the fawn about 200 yards back in the ditch. He changed his attitude right away. Basically told me if we didnt find the animal he was gonna charge me with careless. 90% of single vehicle motorcycle accidents end with some sort if charge.
Take it FWIW.
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Inspected my bike and found deer hairs all over the right side. Found the fawn about 200 yards back in the ditch. He changed his attitude right away. Basically told me if we didnt find the animal he was gonna charge me with careless. 90% of single vehicle motorcycle accidents end with some sort if charge.
Take it FWIW.
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and people laugh at the bag of deer hair i have in my tank bag.
Platinum Cycle
Well-known member
If the vehicle turning left in front of you did so in a manner which they could not complete the turn in safety i.e. you were coming the opposite direction and they likely didn't see you, they created an emergency situation and would be deemed at fault. This scenario would best be supported by evidence other than just your own i.e. other motorists who saw it and stopped, pedestrians walking by etc.
+1 million.
That is the same excuse as "loud pipes, saves lives" Its just an excuse to not take the blame for your own fault
If your bike hit the vehicle, Then you may be able to argue that you did everything in your powers to avoid the car turning illegally in front of you.
The only time you lay down your bike to avoid an accident, is if you are sliding under a hard surface (Jack Knived transport
) that you could not brake for and would take you out if you are upright, Then your awesome lol
