Hit by a moped while making a left turn?
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Hit by a moped while making a left turn?
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I was making a left turn on Bayswater Road/Queensway today when a moped drove right into my back door on the left side. It was a minute thing, but still it left my door with two dents. The moped driver got all upset saying I had given a signal all too late. My argument was that my signalling was good enough and that had he been travelling on a normal speed, keeping the right distance behind me, and driving behind me not to my left. This is a one lane road anyway. Frankly, I wasn't that worried but was surprised that he has insisted that the police comes to place even though his moped is unscratched. OK, so the guy looked like 20 something and this may have been his most beloved moped, but still I had a little girl sleeping behind that door and I was the one relieved that no real damage is involved and nobody is hurt. I now want to contact my insurer to seek legal advice as my door will still cost a couple of hundred quids to fix.
What is your advise on who is fault it
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Trevor h
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he is at fault.
He was not driving with due care and attention.
If you signalled left then you are OK. The Highway code says you should give a signal in good time without being misleading. What is your definition of in good time?
The HC does NOT give a any other guidance on this (such as x meters/ y seconds before you manoeuvre).If it comes to an argument (it shouldn't - he was at fault), make sure you think that you gave sufficient warning of your manoeuvre before turning.
PS I know the Bayswater Rd is in London, UK!
If you are doing less than 40mph the 2 second rule is not used, it is 1ft for each mph |
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gaz
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signalling doesnt matter, its his fault completely. you had right of way on the road. so get his insurance details and place your claim. then sue the little fcuker for the extra worry you have endured by him not understanding the highway code correctly. sue him for everything he has got so he has to send his mother out on to the streets to earn the money to pay you. |
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minty359
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highway code states you must keep your distance
as far as i am aware if your hit from behind it is looked on as the vehicle was traverling to close to you therfore the blame is on the the other driver
drivers are being urged to learn to use the two-second rule, which will allow time to react if the car in front brakes suddenly. Police advice is to simply identify a mark on or by the roadway and, as the vehicle in front passes it, count two seconds or say, "Only a fool breaks the two-second rule." If you have passed the mark before the two seconds expires, then you are driving too close; therefore, it follows that the faster you go, the bigger the gap should be. Similarly, if a car pulls into your gap, just pull back and maintain your distance. |
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capcave2002
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you dont say uk or usa in uk overtaking on left is illegal not sure in usa but if you where indicating do him for lack of attention |
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Jojotraveller
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It's his fault, plain and simple. He hit you.............. Moped drivers can be complete idiots when they drive up the inside of you, they have no ideas of the dangers caused. I used to ride a moped when I was a teenager and did it............. but soon stopped when I saw someone go over the bonnet of a car that was pulling out of the junction.......... again someone had stopped to let them out but because the rider was coming up the inside they didn't see....
Most moped riders don't have roadsense from a car point of view (I said most, there are a lot of good riders out there too.) But this guu was completely in the wrong to blame it on you. Go through the insurance definately, but you might want to check that he is insured.... |
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capa-de-monty
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let insurers work it out that's what you pay for were there any whitneses? |
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ALLEN B
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His fault but be careful he isn't planning to lie about the incident, in how it occurred. |
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R Stoofaloh
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99.99% of the time, if you're hit from the rear then its THEIR fault automatically. |
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david b
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I do not know the law in the UK(I am assuming you are from there given you use of the word"quids"), but here in the US he is at fault because he was following too close to avoid hitting you. It is a good thing to have the police called at any accident as they will document all the facts of the scene and take both sides statements. Those will have weight with the court when/if it goes there. |
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philipscown
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The only reasons I could think of for it being your fault is if you cut across a lane to make the turn and/or if you didn't look. If you were both in the leftmost lane then he was too close. However, it could be argued that you should not have made the turn if it was not safe to do so, i.e. if someone was in the way. His case might be that you did not look to check it was safe. |
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george d
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The moped rider was 100% at fault. I do not know that part of London , but usually drive through parts of city in 44 tonne artic delivering to supermarkets etc. You have to be really on your toes in one of those babies, watching out for retards on 2 wheels (cyclists & motor bikes) as well as black cab drivers 'nipping thru' on the 'blind side' (left side in uk) whilst turning either way at junctions. Usually damage in minor collisions would be 'knock for knock'. My advice would be check your mirrors before & during any manouvre and flatten the **** to make sure. Take no prisoners!!! |
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STEVEN B
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it was his fault as it is illegal to undertake any vehicle so regardless of your signal he should not have made that manoeuvre but be careful he may have got the police so he can try to claim off you so tell your insurance company straight away and claim off his insurance make sure you have all details including police officers name and number and beware if he tries to claim off you he will suddenly have lots of damage to his bike and you cant prove otherwise unless you took photos |
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The Mr. Pine
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Motorcycles are dangerous for that reason. There is no way he could get out of it. They do that on the interstates in heavy traffic and are aware of the risks. I watch out for them but they surprise me anyway. Its following too close any way you look at it. |
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Montgomery B
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There seems to be no doubt that the moped driver was too close. Whether he claims you signalled too late is neither here nor there and he cannot have any proof of what he says. But it is naturally proven that he was too close, otherwise he would have had time to slow down or stop.
He is totally at fault.
20 years old? What experience of driving had he had then?
The result is entirely on your side, 100% |
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WelshLad
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Contact your insurance company and make a claim from the moped rider. |
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Randy
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In the USA it would make no difference that you signalled or not. It is the responsibility of all drivers to follow at a safe distance with the ability to stop in an emergency. He hit you from behind; it is very likely his fault; he was following too close. I do agree with the fellow above though, be careful that he does not change his story to fit his need. |
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