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A car hit my motorbike coming from an unadopted road - who's to blame?
I was riding my motorbike on a small unadopted road when I intended to turn left into a single lane road. There's a blind spot at the end of the unadopted lane, so when I got to the corner I was in the middle of the unadopted lane and nudged out to see if my way was clear to pull out. I looked right, which was clear, and was turning my head to see if it was clear on the left upon doing this a car hit the front of my bike and ran over the front wheel causing a lot of damage to my bike. The other party's car sustained minor damage. Who do you think is to blame?
Asked on 8 May 2017 by chris moody
Answered by
Honest John
Unadopted roads and unmarked roads are very awkward to advise on liability. It is your duty to ensure your path is clear before proceeding and the other party's duty to ensure that they can stop in the distance they can see. He clearly could not if he hit you and ran over your bike. If they were on an identified road, i.e. named, then you MUST give way to traffic coming from the main road and not impede their path. You would need to refer to an accident investigator to give an opinion on whose fault it was. I would leave it in the hands of your insurer, I would guess that they will say it is either your fault or a 50/50 situation.
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