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Any attorneys or members that are knowledgeable of the Law?

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  • Any attorneys or members that are knowledgeable of the Law?

    I'm having a challenge with an insurance co, namely 21st century ...
    they seem to think that even though their insured made a left in front of me and caused an accident, I am 50% at fault because I was able to slow enough before the bike went down that I missed her ...


    thanks in advance
    88 Blue XS-Hawk.... broken and in recovery

  • #2
    It appears they may right, got this from an Irish motorcycle accident thread, I read a few days ago. Note how negligent the driver was in this case, yet secondary responsibility was assigned to the rider because he was too close, to effect an emergency brake before impact.

    The third was a full crash. Traveling into work on on the 5th of September 2003. Nice morning clear skys dry road and and sunshining. Just after going under the N4 walk over by liffy vally, coming up to the M50 roundabout. Traffic was moving but very boxy. Driver ahead falls asleep at the wheel (we are in the 3rd lane to go south bound on M50 or two go to dublin) Driver swerves and impacks with car in middle lane. This bounces him back into the third land and to a full stop. I start to brake but not on time. I impacted the back of his car and get flipped over the bike. My left arm gets cought in the bike and I end up getting slung onto the back of the car. Case went to court. driver of car insuracne company (they couldn't locate him after a few months I beleave) settled outside of court. Crash investagaters find him to be primary cause of the crash, and my distance/speed (40mph) to be secondary.


    • #3
      slightly different situation here...
      in my case I was riding in the left westbound lane when a car pulled out of a parkinglot on my right, crossing both lanes to head eastbound... the fact that I was too close is a direct result of how late she pulled out not how close I was following....

      Also the fact that the insured managed to “gun it” when she realized her error and get clear has nothing to do with her liability… her responsibility by law is:
      (as stated in the CA vehicle code 21804)
      (a) The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.

      thanks for the info though...
      88 Blue XS-Hawk.... broken and in recovery


      • #4
        Thanks for that clarification XS,
        You need to find a legal precedent to support your case, that means trawling through some law books until you find some cases with circumstances identical (or as close as possible) to yours. Then you can quote the case and the judgment to the insurance company.
        They may still try to bluff you, only making a reasonable offer of compensation on the steps of the court.

        Hope that helps.


        • #5
          Thank You!! thats what I was looking for....

          I knew there was something I hadn't thought of yet!
          I'll get started right away!

          88 Blue XS-Hawk.... broken and in recovery