Split Lanes, Car its you, its your fault?

A while ago I ran into a van while splitting lanes. Traffic was totally
stopped and was bumper to bumper. As I was cruising along at about 10-15 mph
a dipshit bitch pulls her minivan over toward the next lane. She really had
no where to go since there was a car there. She pulls this maneuver as I'm
next to the rear of the van. Due to the way my bike was hit and how it
landed it was totaled by my insurance company. I didn't get too hurt so
there were no medical bills beyond the co-pay at the ER. After I filed a
claim with her insurance company it was rejected because I was passing
illegally. She filed a claim with my insurance and now there's an at fault
accident on my record. No lawyer will take my case since its too small so
I'm screwed.

Is it really the truth that any accident that happens while splitting lanes
is the motorcycle rider's fault?

 

No.
But it is going to be hard to prove you weren't at fault. Is there a
police report? If not, I don't see how an insurance company can decide
whose fault it is. Likely, a police report would find you at fault for
riding too fast for the conditions, and the minivan for an unsafe lane
change. The other problem could be where you hit the minivan. If you
rear-ended it, it's going to be difficult to prove you didn't contribute
to the accident. If she hit you, damaging the side of the minivan, I'd
think you'd stand a good chance to show she was at fault.

 

As you describe the accident, yes. This is your fault. It would have
been her fault only if you were in another lane and she crossed over the
lane marker line and you hit her.

--
muddy

Testing the limits of gravity since 1947.

icq - 219328929

 

Yes... if I touch another vehicle while lane splitting it's 100% my
fault...

Janik... I would be thankful you're still with the living... I would
hold this thought during future events... We should anticipate that our
paths will never be cleared and might be fouled by any vehicle at any
time...

Larry L
94 RC45 #2
Have a wheelie NICE day...
Lean & Mean it... the extended warranty in every corner of your life...
If it wasn't for us the fast lane would rust...
V4'S are music to the seat of my pants...
1952 De Havilland Chipmunk...
Yank and bank your brains loose...
http://members.ebay.com/aboutme/-xlax-/
http://home.comcast.net/~netters2/

 

Yet, I have no doubt that if the hitee were a cyclist, the cager would be at
fault.

nb

 

While this is how the CHP nearly always rules, it isn't true.

Motorists still have an obligation to drive within their lane, and to signal
their turns. And in at least a few times out there, I know the cager saw me
first. Without a proper witness (like a chippie behind me), there's no
way to prove it, but without a doubt it isn't close to 100% my fault.

It's a disgrace that now even the cops aren't signalling much of the time.

The turning technique described in this accident is one that every lane splitter
needs to bear in mind. A certain percentage of cagers have found that if they
just stick their nose into the next lane, eventually they'll get in. Don't assume
that cars won't start a lane change just because there is a car/suv/semi in the way.
And don't assume that a car switching lanes 100 yards in front of you will be
done by the time you arrive.

 

I've been in two accidents in my driving career. The police weren't
involved either time.

Both times the insurance companies assigned varying degrees of fault. The
first one was 50/50 and the second was 100 percent.

I don't know they determine this. This is only used in determining which
companies pay for what.

 

Thanks, I didn't realize that.

 

It is not always 100% the biker's fault. A buddy was splitting lanes
going up hwy 17 to Santa Cruz on July 4th a few years back and some
wing-nut opened his car door (well, the -passenger opened his door). My
buddy ran into it, causes $10K to his beemer, and abotu the same to the
car (doors don't take kindly to being hit from the inside). The police
ruled it was 100% the car's fault for unsafely opening a door in traffic.

That said, splitting lanes is not very safe (I admit that I do it, too)
- and not too different than when cars "drift across" lanes. I am just
glad that the biker wasn't hurt this time - bikes and insurance are
cheaper than people.