You can see from the first two pictures where I was waiting in the central reservation crossing point to turn into work and the cycle lane markings on the road

 

 

 

 

Well I had to wait there for stationary traffic. When the traffic started moving a car held back to let me out

 

I started across the road and didn't see anything moving at about 5 - 10 mph and then BANG. A bloody motorbike using the cycle lane doing abouy 25 mph that did this

 

 

 

My Insurance first of all said 50/50 but when I proved he was in a cycle lane they said it'll be a no blame because the motor cyclist wouldn't have been visible when I started and he shouldn't have been there anyway !

Oh mate, that's crap!! :( Especially after you've waited so long and spent so much to get her to that standard!

 

Hope it's an easy claim for you, Tony!

Ah man :( Surely the motorcyclist would deny using the cycle lane? Hope you get it sorted matey.

Ah man :( Surely the motorcyclist would deny using the cycle lane? Hope you get it sorted matey.

 

No, I don't think he can. When I told him he shouldn't have been there and if he saw a car waiting he should have stopped he 'Well what if it had been a cyclist'

 

There is no room for a bike and a car beside the cycle lane so case over !

Erm, don't think that's a dedicated cycle lane. http://www.devon.gov.uk/traffic_management/cycle_lane_road_markings.htm?nocache=3119

 

Cycle lanes may be:

 

mandatory, (marked with solid white lines) where other vehicles are excluded for at least part of the day, or

advisory (marked with broken white lines) where other road users can use them if necessary and may be allowed to park in them at certain times

Glad you're OK - but if those pics show broken white lines rather than solid, can be used by other road users.

Erm, don't think that's a dedicated cycle lane. http://www.devon.gov.uk/traffic_management/cycle_lane_road_markings.htm?nocache=3119

 

 

Glad you're OK - but if those pics show broken white lines rather than solid, can be used by other road users.

 

Well its a different colour from the rest of the road

 

And the key word in the text from the highway code where it says

 

advisory (marked with broken white lines) where other road users can use them if necessary and may be allowed to park in them at certain times. The Highway code recommends that cyclists "keep within the lane wherever possible" -

 

is 'If Necessary' and a motorbike using the cycle lane to avoid a queue is not Necessary, AND It's undertaking and he should have known better !

Edited December 2, 201411 yr by TonyB

Oh mate, that's crap!! :( Especially after you've waited so long and spent so much to get her to that standard!

 

Hope it's an easy claim for you, Tony!

 

What he said.....:sad:

 

Sorry to see that Tony; I hope you get it sorted with minimum fuss mate. And as for motorcyclists, just like "regular" cyclists, the majority are fine normal road users - but sadly the ignorant minority tarnish their otherwise good reputation.

 

Richard:flowers:

--- Update ----

 

Well I've got one quote for the Insurance... £2015 97 plus vat

 

That's an new door and wing from Japan and the paint and labour

 

Insurance have indicated that they will go and get the money from the motorcyclist's insurance

Sorry to see this. Struggling to quite see what happened though. It sounds like the cycle lane business is the detail to persue. You may wish to check up on undertaking as far as the law is concerned, the offence was omitted in about 1972 to allow people to legal filter through traffic. It advises to pass on the right, ie as long as it's safe it's not an offence, if it's unsafe it become due care and attention or some other. Look that up, that's what I've been told. However if he was passing on the inside on a non motor vehicle lane that's not due care and attention is it? Not in my book anyway. It is also a fair point if a push bike had been doing the same you would be at fault. I wish you all the best but I can see how it could become tit for tat and complex.

Good luck Tony. I'd be a little surprised if the MC insurer simply admits liability though. Not sure where it would lie on the fact the bike was moving through traffic, obviously if we disregard the cycle lane then MC's do this all of time so the MC insurer will have probably dealt with many of these cases

The cycle lane has no continuous solid white line, and is broken so there's nothing to stop the motorcyclist or even you, driving on it, if its broken you can cross it.

The Law on cycle lanes states

 

advisory (marked with broken white lines) where other road users can use them if necessary and may be allowed to park in them at certain times. The Highway code recommends that cyclists "keep within the lane wherever possible" -

 

'If Necessary' and a motorbike using the cycle lane to avoid a queue is not Necessary, AND It's undertaking and he should have known better !

 

Lets be generous and say the motor cyclist was travelling at only 20 mph

 

20 mph is 1,760 x 20 and that is 35,200 yards an hour

 

Multiply that 3 to get it into ft per hour 32500 x 3 = 97,500 feet per hour

 

divide it by 60 to ft per minute = 1625

 

and divide this by 60 to get ft per second = 27. 08,

 

If It took me just two seconds to be crossing the cycle path that means that he must have been 54 feet from the crash when I started so I didn't have a hope in hell of seeing him behind a row of stationary traffic he was undertaking !

 

If It took me three seconds to be crossing the cycle lane, (put car in gear, check that there is nothing there and move) then it means he was 81 feet away !

 

That, I think proves the dangers of undertaking !

Edited December 7, 201411 yr by TonyB

The Law on cycle lanes states

 

advisory (marked with broken white lines) where other road users can use them if necessary and may be allowed to park in them at certain times.

 

From your pics, that cycle lane looks to be one of those advisory ones. That means, as you quote, other road users (including motorcycles) can use them. "If necessary" simply means if they need to. And if the other bit of the road is full, then the other road user can use the advisory cycle lane.

 

If the biker was travelling at a legal speed, then it is the responsibility of the turning traffic to not drive in front of him. Sorry, but that is the case.

 

If you could not see if it was safe to carry out your manoeuvre, your responsibiity was not to do it.

https://www.gov.uk/using-the-road-159-to-203/road-junctions-170-to-183

Take extra care at junctions. You should

 

watch out for cyclists, motorcyclists, powered wheelchairs/mobility scooters and pedestrians as they are not always easy to see.

Wait in the central reservation until there is a safe gap in the traffic on the second half of the road.

Edited December 7, 201411 yr by Gio

Haven't read all of the above but as a motorcyclist I can tell you that filtering is perfectly legal. However undertaking is not filtering. The biker should ALWAYS pass on the right of other traffic.

 

HTH. And good luck - get every penny you can from him mate. I hate the trend of 'pizza boy riding' where any gap on the road is fair game!

Haven't read all of the above but as a motorcyclist I can tell you that filtering is perfectly legal. However undertaking is not filtering. The biker should ALWAYS pass on the right of other traffic.

 

HTH. And good luck - get every penny you can from him mate. I hate the trend of 'pizza boy riding' where any gap on the road is fair game!

 

Thats the argument we are making to the other party.... he should have been on the right of the traffic, not the left where he so far away he was invisible !

Unless he had to take evasive action into that lane to avoid the car in front who stopped unexpectedly to let someone pull into the lane, when not authorised to direct traffic in that manner...

Ill be interested to see the outcome of this. I think that unless the law defines what it means by 'if necessary', then I don't know that citing that would work. I hope I'm wrong of course but I think it may well go split fault. I'm not sure what legal president has been set in cases like this (if any).

 

Out of interest, what kind of bike was it? At the time of collision it can't have been going that fast as the damage doesn't seem to be a lot (thankfully).

Edited December 8, 201411 yr by bird

Well, They insurance co weren't prepared to go court to get get a definition of unnecessary !

 

That's hardly surprising.

 

They sent an engineer out to look at mine and have given the go ahead for a new door and Wing ! Only problem is they've got to come from Japan !

 

Still, I count that as a win and I've got protected No Claims

glad it seems to be turning out OK for you... (obviously not OK he ran into you and you have to have work done on the car.. but you know what I mean) :)

Glad you got a result tony, I was expecting them to play pass the parcel over this.

So what happened, your insurance company has simply said they will stump it up? Split costs?

Yes, I'm insured with Mulsanne via Tim Prestige of A & A

 

Can't fault them for the help and advice and of course all of Jeff's pictures which helped show the engineer what had been done to get the car looking so and solid. The engineer said the front can't have any rust or there would been more damage !

Edited December 23, 201410 yr by TonyB

Well, They insurance co weren't prepared to go court to get get a definition of unnecessary !

 

That's hardly surprising.

 

They sent an engineer out to look at mine and have given the go ahead for a new door and Wing ! Only problem is they've got to come from Japan !Still, I count that as a win and I've got protected No Claims

 

Can Mike at MJP help with the wing? When I bashed my red Zed, the insurer's recommended repairer bought once from Mike and he delivered it pretty fast.....

Can Mike at MJP help with the wing? When I bashed my red Zed, the insurer's recommended repairer bought once from Mike and he delivered it pretty fast.....

 

Problem is I need a door as well ......

Problem is I need a door as well ......

 

Ahhh.... Of course....:sad:

After a car reversed in to me in a supermarket carpark , i now have cameras fitted to all my cars. eventually got a result as I got a written witness statement immediately . Even with legal expenses insurance the lawyers wanted to do knock for knock .