Here are the details:
I was travelling along a major road at dead on the 50 mph speed limit. Time around 10pm. Me on a motorcycle, 3rd party in a car.
3rd party pulls into my lane from a minor road on my right directly into my path. As he was emerging from my right swerving was not an option, so I applied the brakes to slow down as much as possible as I knew i could not physically stop in time; so a collision was inevitable.
I struck the car at the rear and to the far left hand side of his tail gate. I managed to get my speed down to around 20mph at impact, to which I am thankful for now.
I suffered a broken right wrist and my bike has probably sustained around £1k worth of damage, I would estimate the same for his car. His first words when he got out were the classic 'SMIDSY' !!
How does this pan out for liability on the face of things. I thought it would be clear cut as he has turned from a minor to a major road without first checking if it is safe to do so or for other road users. However, this morning my insurance company has had a letter from his, claiming all liability is with me, although she did add this usually their first defense as a standard letter to send.
Any advice or musings appreciated.
I was travelling along a major road at dead on the 50 mph speed limit. Time around 10pm. Me on a motorcycle, 3rd party in a car.
3rd party pulls into my lane from a minor road on my right directly into my path. As he was emerging from my right swerving was not an option, so I applied the brakes to slow down as much as possible as I knew i could not physically stop in time; so a collision was inevitable.
I struck the car at the rear and to the far left hand side of his tail gate. I managed to get my speed down to around 20mph at impact, to which I am thankful for now.
I suffered a broken right wrist and my bike has probably sustained around £1k worth of damage, I would estimate the same for his car. His first words when he got out were the classic 'SMIDSY' !!
How does this pan out for liability on the face of things. I thought it would be clear cut as he has turned from a minor to a major road without first checking if it is safe to do so or for other road users. However, this morning my insurance company has had a letter from his, claiming all liability is with me, although she did add this usually their first defense as a standard letter to send.
Any advice or musings appreciated.