Not at Fault Motorcycle Accident - No Damage to Other Party

jpv on 01/07/2018 - 21:11

Hi all,

I was recently involved in a motorcycle accident.

Here's the story with diagram for reference.

  • I entered a roundabout to turn right (A) as it was safe to do so. There was oncoming traffic from the other side so I slowed down as I knew people don't tend to look for turning vehicle at this roundabout.
  • The oncoming car slowed down, which I assumed that he saw me and was giving way, but ended up continuing into the roundabout.
  • At this point I had 2 options (B), drive into his car or swerve to avoid collision and I did the latter.
  • This resulted in me losing balance, sliding my bike and ending up in front of his car without hitting his car (C).
  • Throughout the turn, I had right of way as I entered the roundabout first.
  • After the accident, I did all the important things; get his details, take photos, get witness's details.

Since there was no damage to his car, I'm concerned that he will not put through a claim even though he is at fault for failing to give way.
I've contacted my insurance company but they said to call back in the morning as their motorbike specialist isn't available.
The bike is valued at $2,000 so I only insured it with 3rd party, fire and theft since comprehensive was $1,000+ per year.

Any advice from anyone that has been in a similar situation?
If my insurance company is unable to help, what options do I have?

TL;DR
Other car failed to give way
I swerved to avoid collision ending up with me sliding my bike. No damage to other car.
Concerned other driver won't make claim as there is no damage to his car.
Any advice from anyone that has been in a similar situation?
If my insurance company is unable to help, what options do I have?

Automotive Accident Insurance Motorcycle

Comments

  • kipps on 01/07/2018 - 21:24
    +4

    It doesnt matter if he doesn’t make a claim. If you’re covered by insurance just lodge the claim and let them sort it out.

    Edit doh I just realised you don’t have cover for damage to your own bike. You need to demand from his insurer damage. If they won’t pay then probably have to sue.

  • SPCTRE on 01/07/2018 - 21:27

    When you say “witness” do you mean they saw you swerve to avoid an accident or the aftermath?

    • jpv on 01/07/2018 - 21:29

      It was the car behind the other driver.

      • SPCTRE on 01/07/2018 - 21:48
        +3

        Then they didn’t really have a clear view of what happened?

        Gonna be real here and say if the driver deny’s your claim, you don’t really have a strong case especially on 3rd party (your insurance will not help you, your up against the car at fault insurance).

        Your witness has his view obstructed. Driver can claim he proceeded into the round about but stop just in time when you fell off your bike (could claim you were going too fast and fell off mid turn).

        Tbh you probably should of hit the car and then there was no way he could deny not giving way.

        I’m a biker myself and know this is reality for us. If we can’t prove it was the car action that made us fall off, then it’s on us.

        No contact = no accident.

        Not to say don’t try to fight it but don’t expect it to be smooth sail

  • John Kimble on 02/07/2018 - 00:15
    +4

    Not being sarcastic, and it doesn't really help you, but great diagram, some of the others recently have been shocking.

  • Richardc on 02/07/2018 - 02:53

    letter of damand to the other party?

  • steven6 on 02/07/2018 - 05:36
    +1

    You came off your bike I assume? If so this must be reported to the police and you can also make a CTP(personal injury) claim. Even if you say you weren't injured, if you came off your bike you should replace your helmet and still notify police.

  • whooah1979 on 02/07/2018 - 06:07

    At this point I had 2 options (B), drive into his car or swerve to avoid collision and I did the latter.
    This resulted in me losing balance, sliding my bike and ending up in front of his car without hitting his car (C).

    This reads like the motorcyclist fell of the motorcycle without hitting another vehicle. The driver of the other vehicle may not need to make a claim with their insurer because there was no collision between the vehicles.

    It’s up to the rider to make a claim with their insurer. A Helmet cam would good right about now.

    • Maverick-au on 02/07/2018 - 06:42

      It’s up to the rider to make a claim with their insurer. A Helmet cam would good right about now.

      Did you bother to read the part where he has no comprehensive insurance.

      He can try to claim from the other driver direct or wear the cost, he chose to save money on insurance and this is one of the risks.

      Insurance was $1000 on a $2000 bike for a reason.

      • whooah1979 on 02/07/2018 - 07:13

        he has no comprehensive insurance.

        Some insurers provide third party insurance policies that include a not at fault option for small amounts like $2k or $3k. Op could have one of those policies.

    • Rumbaar on 02/07/2018 - 08:05

      If you cause an accident, it's your fault, irrespective of if any damage was done to your own vehicle.

      • HighAndDry on 02/07/2018 - 11:34

        But lack of damage is a strong (surface) indicator that they didn't cause the accident - for all OP can actually prove, he just fell off his bike.

  • Rumbaar on 02/07/2018 - 08:03

    No help now, but I'd suggest investing in a helmet mounted (I know some police have issues with this) or bike mounted cam. This will be invaluable in these type of situations.

    • CMH on 02/07/2018 - 13:20
      +1

      It is legal to record everything that happens in a public space. This includes all traffic/police stops on the road.

      If they still have issues with it:
      1. Let them physically turn it off themselves.
      2. Make sure you make it clear within the recording that they are doing that against your will (verbally). No need to physically hinder them.
      3. Sue them.
      4. Profit.

      At the very least it would be considered assault.

      • SPCTRE on 02/07/2018 - 13:34

        I think what Rumbarr mean is some police have an issue with camera mounted to the helmet.

        It can be deemed as wearing a non-ADR approved helmet and attract fines. It’s still a grey area.

        Zero logic though consider the bike police also have mounted cameras on their helmets and strongly encourage cyclists to have one for evidence of dooring 🙄

        • [Deactivated] on 02/07/2018 - 18:00

          Some helmets are built for cameras and attachments to be mounted to certain points.

          The issue with random helmets being modified with protrusions is that in a collision, there is a weak spot and point load area.

          It should really be up to the rider to wear whatever they want but CTP insurers wouldn't like that, medicare, disability payouts… Collectively, we don't want more liabilities.

  • CLoSeR on 02/07/2018 - 10:00

    You're in a difficult position; I've been there before many years ago.

    Not at fault; only have 3rd party insurance. His insurer doesn't want/need to speak to nor pay you.

    Your third party insurer probably won't do any of the leg work for you as it's not comprehensive insurance.

    You can send a letter of demand for damages and if need be take him/her to the small claims tribunal.

    TLDR: Get comprehensive insurance.

  • Findo on 02/07/2018 - 10:46

    Sue the (profanity)

  • HighAndDry on 02/07/2018 - 11:34
    +1

    Without insurance, you would have to sue the other party. I also don't like your chances because it would very much be a grey area if there was no collision. The argument for the other side would be that they did give way - seeing as you didn't collide with them or run off the road, and so it was your failure to control that was the issue.

    You can't directly claim with their insurance unless they make a claim first (duh - it's their insurance, not yours).

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