minor accident. who is wrong?

[nimboman]

i was riding n entering a filter lane on the left hand side of a car, while turning out, the car's door hit my crash bars. this is because he turned his car too much to the left as he didnt realise there was a bike beside him. as a result his doors got slightly scratched n dented. abt 10cm long. my bike was ok other den the crash bar being scratched. in this case, who is at fault? the filter lane is a one lane. he didnt see me as he didnt check his blind spots, but am i at fault becos im not supposed to be beside him in a lane? anyway i paid him 100 bucks as he said its a 50 50 situation. or shld i not have paid him at all?

[Guest johjoh]

u shouldnt have pay him. since he say 50-50, why only u pay him money? he just take and drove off..

[chuan.z]

Be glad that you are not side swiped and lying on the road! Never go side by side with a car on a filter lane. Damn dangerous, especially when they have their head turned to the right to check for oncoming traffic, as there is a tendency to over-steer to the left.

 

If it is alleged that you are trying to overtake from the left and in a single filter lane, who do you think the blame will be on?

[IvikaRazI]

Let it slide and take this as a lesson. Filter lane I usually follow from the back. No need to rush. Reaching destination 1 min late is better than never.

 

Anyway it looks like a 50-50 situation. It also depends on how the story is told.

[theblackmamba]

if i had to guess it will be your fault cos the car was on your right so it means u hit the right of the car which has more right of way than u on the left

[Demon]

i was riding n entering a filter lane on the left hand side of a car, while turning out, the car's door hit my crash bars. this is because he turned his car too much to the left as he didnt realise there was a bike beside him. as a result his doors got slightly scratched n dented. abt 10cm long. my bike was ok other den the crash bar being scratched. in this case, who is at fault? the filter lane is a one lane. he didnt see me as he didnt check his blind spots, but am i at fault becos im not supposed to be beside him in a lane? anyway i paid him 100 bucks as he said its a 50 50 situation. or shld i not have paid him at all?

 

My opinion is that you shouldn't have compensated him based on your account, especially the driver also agreed it was a 50-50 situation.

 

By compensating him, you have indirectly admitted liability and your insurance could have been prejudiced.

 

Let's hope the driver after taking the $100 will not try a second bite by claiming from your insurance.

 

 

[ricv]

Any monies paid should accompany a note stating that the payment is done "without prejudice" i.e. not any admission of liability and parties have no further claims on one another.

[nikonll]

Any monies paid should accompany a note stating that the payment is done "without prejudice" i.e. not any admission of liability and parties have no further claims on one another.

 

how do you suggest we write this note?

 

Btw, how do we protect ourselves from these 'private settlements'? what if the other party still go report after settling in private?