Injustice traffic offense

[Infernolord]

Dear fellow, I seriously need a advise from someone.

I kinda of in fixed now. I was driving out from carpark slowly, did stop and watch the traffic before i turn right to the main road.

The road was kind of a bend infront of me, so a biker was speeding and came out of nowhere. It is 2 lanes main road and there is a school just outside of the carpark, so i suppose the speed limit is 60 the most.

Long story short, the biker did not slow down in time, and i also turn out and eat into one lane before jam brake. No collision happened, the bike lost control and fell down. I called the ambulance, report to the police and tend his bruises.. not big injuries. The malay rider can even smoke while waiting for ambulance however when he report to TP, he said to have chest pain la, body ache la.

Anyway my worst nightmare came, TP bite that it was my mistake. 9 demerit points. 300 bucks.  That rider scrapped his bike and replace a new bike and claim me. He even claim a large amount of "injures"  claim too.

It is so injustice. My in-car camera only captured how he lost control and fell on the roadside and I did no wrong. The rider just denied he sped and push all to me. I suspect the claim up to 50k. Need serious advise. 

 

[Rickster]

Did u submit the video evidence? Through that, I think one can also make out that he is speeding?

When u mentioned u "eat into one lane", did u eat into the rider's lane? Coz if so, I think this is the basis he used to claim u saying u cut into his lane without checking for oncoming vehicle (the rider) and will be quite difficult to fight off unless u got clear evidence he is speeding, then perhaps you will not take all the blame.

[Volvobrick]

Minor road turning into major road, eat lane, hard to fight even if the other guy was speeding. Count yourself lucky license not suspended despite having caused injury. 

[Infernolord]

13 minutes ago, Rickster said:

Did u submit the video evidence? Through that, I think one can also make out that he is speeding?

When u mentioned u "eat into one lane", did u eat into the rider's lane? Coz if so, I think this is the basis he used to claim u saying u cut into his lane without checking for oncoming vehicle (the rider) and will be quite difficult to fight off unless u got clear evidence he is speeding, then perhaps you will not take all the blame.

That the problem, i eat into one lane, he fell on the other lane. Nevertheless, he insist is my fault. my camera only capture i drive out slowly, stop and move on then jam brake. 

So it didnt capture he sped. I feel so injustice. I do not mind paying the fines, but he is just too much taking this as opportunity to claim as much as he could from my insurance. 

His bike is only light scratches, but he scrap his bike. My insurance told me there is a cap on his bike claim, only up to the market value, so not to worry. But the injuries claim, chest pain, there pain..  and i was informed to be prepare that he will likely to claim a large portion from medicial claim which i feel even more injustice

[Fitvip]

Have you reported to your insurer? "Don't admit your mistake" is what your insurer would tell you. Submit the video clip to TP and your insurer and let them handle the case.  

The TP fine and demerit point is to your disadvantage.

[Ct3833]

20 minutes ago, Volvobrick said:

Minor road turning into major road, eat lane, hard to fight even if the other guy was speeding. Count yourself lucky license not suspended despite having caused injury. 

I think his point is not so much about his fault , fine and demerit point, more about  the guy claims against a  full new bike and all sort of injuries etc.  But would insurance  be so nice ? I thought  when our car get into accident,  insurance company may ask us to scrap it and just pay us peanuts that will not be even enough to buy  a car that is of the same  age and condition ? 

[Volvobrick]

5 minutes ago, Ct3833 said:

I think his point is not so much about his fault , fine and demerit point, more about  the guy claims against a  full new bike and all sort of injuries etc.  But would insurance  be so nice ? I thought  when our car get into accident,  insurance company may ask us to scrap it and just pay us peanuts that will not be even enough to buy  a car that is of the same  age and condition ? 

Touch wood no such experience for many years!  Only time I scrapped and got compensated for about the price I paid for the car (used for several months) was years ago when a taxi rammed from behind. 

Edited May 14, 2020 by Volvobrick

[inlinesix]

4 minutes ago, Ct3833 said:

I think his point is not so much about his fault , fine and demerit point, more about  the guy claims against a  full new bike and all sort of injuries etc.  But would insurance  be so nice ? I thought  when our car get into accident,  insurance company may ask us to scrap it and just pay us peanuts that will not be even enough to buy  a car that is of the same  age and condition ? 

If bike total lost, unlikely claim 1 for 1 new bike.  Motorbike value fall faster then car.

For bodily claim, no one will question doctors assessment.

[Xtrah]

Turn out from minor to major road, vehicle in minor road always lose out. Even how slow you drive out, you have to ensure traffic is clear. I hate those drivers turn out slowly, accelerate slowly, and major road vehicles need to jam brake to let them out. The biker might be in between lane and you cause him to swerve the other lane unknowingly in a blink of second. That why you causes him to lose control of the bike. Difficult for you to win this case. Just move on.

[inlinesix]

If it is a blind right turn, it is likely that there is a mirror to see oncoming car.

Slow does not mean safe.  A lot of time, these type of turn must chop chop finish.

Maybe put words into drawing will be better illustration.

[Kia7200]

Try look for witness via FB?

Or is there any camera nearby. Sometimes driving a car is always disadvantage, I had an accident with a stupid biker. Ride to my front n brake, damn tulan

[Jman888]

if you 'did' eat into the oncoming lane, you cannot claim "he come out from no way", not easy to explain your way out of an accident when he fall and injured. After all it is still your words against his.

[Hamburger]

Who has the right of way? There you have it,  that's the answer .

 

It's lucky for you that he did not sustain a more bloody injury.

[Locknload]

Agree that TP will see it that way (and as some have said, the penalties imposed are per sop) as the biker may also have a cam to show that he was taking evasive action and then buang with damage to his bike and injuries sustained. Had something similar to your case few years ago but it was a taxi and cabbie claimed left, right and centre for his cab plus rental, loss of income and the ever-popular whiplash injury which was later reduced to 2 weeks instead of one month. Don't wish to go into more details but my neighbour who's s loss adjustor / accessor tells me that they have now wised up to this, as insurers have a medical panel and will not be that gullible to unreasonable claims as it eats into their costs. Just leave it to your insurer, be more careful and stress not. Cheers.

[Infernolord]

Hai really my bad luck. No offense really pissed off those biker speed like no body business at neighbouring. Drive over 10years, no tp report like this. If the biker have camera, that would be best, can show how fast he rode hut he didn't have it. 

 

[ToyotaShuttle]

You turned out of a minor road, made someone fall down and you are here to complain about it?

[Infernolord]

8 minutes ago, ToyotaShuttle said:

You turned out of a minor road, made someone fall down and you are here to complain about it?

Like I said I am OK to take up responsibility if deem my fault. The fine and all. Honestly he is honestly about everything I am cool. But he is dishonest and in this case if he didn't speed, he would have slow down and won't lose control.

 

[Dannnn]

did the biker come into contact with you at all?

i heard that in such case even if you do evasive actions, as long as vehicle nv touch teach other, cant claim.

Speeding or not, cant judge without any speed cam, he can still say he riding at legal speed and lost control. 

TP fine you is another thing.

Edited May 14, 2020 by Dannnn