Is the cyclist or insur co responsible for damage?

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oliver6, Oct 5, 6:03pm
I think the cyclist was upset and not thinking straight. I am a cyclist and sometimes motorists endanger my life recklessly, or aggressively. I break their aerials and electric mirrors and lights with a piece of plastic pipe I carry, but I always do it so they can't see and then I escape in a safer direction.He should have been more discreet.
puddleduck00, Oct 6, 6:15am
This is how it will go. It's two separate incidents, therefore two separate excesses. Both incidents will be treated as completely independent from the other. The insurance company will probably lay charges on the cyclist for throwing his bike.perhaps wilful damage or something. I'm a cyclist and we have to do everything we possibly can to be seen. And accidents happen, throwing your bike at someone isn't going to do anyone any favours.
mrfxit, Oct 6, 6:22am
LOL . sometimes they do
mrfxit, Oct 6, 6:38am
This bit >>>>>

. "The lady passed me in her car then swung around in a u-turn right in front of me. I hit her pretty hard and flew onto the bonnet."

He flew through the air and hit his head on concrete as he landed. In the seconds before he struck the ground, he wondered if he would survive the injuries he knew he was going to get.

Mr Frost said he did not remember anything for the next 10 minutes, and for hours after everything was "hazy".
Mmmmmm so now the insurance company wants to back out & leave the cyclist to pay his own bills & have their client walk away free from the original accident.
I wonder what the cops would have said about the accident.
She started it by cutting off the cyclist = dangerous driving charge
****
Even "IF" he had biffed his bike at the car, I really can't see it having done any more damage apart from maybe a couple of very minor dents & a paint scratch or 2.
Cars are a heck of a lot harder then a pushbike
countrypete, Oct 6, 7:04am
I can't visualise this except that to hit the right side of the car, the cyclist must have tried to overtake the car, before, or as the car commenced the u-turn.In that case, while the car driver was negligent or aggressive in performing the u-turn, the cyclist also must take some responsibility for what must have been a "pushy" manoeuvre.That lines up with the aggressive throwing of the bike!
trogedon, Oct 6, 7:14am
Just because you "can't visualise this" didn't make it not happen the way its been reported (read the long quote above). There was nothing "pushy"that the cyclist did. I'm quoting you. What are you quoting!!
countrypete, Oct 6, 7:16am
You missed the word "except".
zirconium, Oct 6, 7:31am
Countrypete The cyclist would have been riding along on the left hand side of the road as you do. You can go quite fast on the flat, 40 or 50km/hr. The lady was going in the same direction as the cyclist, passed him from behind, pulled over to the left hand shoulder in front of the cyclist, then swung around to the right to go back the other way. (A u-turn). Cyclist would have had nowhere to go, and just ploughed straight into the drivers side of the car, and probably flew over the bonnet - scraping it - which would have caused the damage imo.
trogedon, Oct 6, 8:17am
Thanks for explaining it for countrypete.
mrfxit, Oct 6, 8:21am
This bit >>>>
"He flew through the air and hit his head on concrete as he landed. In the seconds before he struck the ground,"
AND this bit >>>>
"Mr Frost said he did not remember anything for the next 10 minutes, and for hours after everything was "hazy"
*************
Been there had a few head knocks over the years & totally agree with his description.
It's scary how much time can vanish when you've just had a good head bash
countrypete, Oct 6, 8:28am
It didn't need explaining, that's exactly as I saw it!The car pulled to the left then turned right to do a u-turn. It has happened to me, and as I saw the car beginning to carry out the u-turn, I braked and steered left - it's called defensive driving, something you simply have to do on two wheels.Unless the car actually stopped, then moved on, the rider should have anticipated a foolish move from the car driver, and compensated.Instead the cyclist attempted to overtake the turning vehicle the driver of which admittedly was not being considerate) and this is what would appear to be aggressive move on the part of the cyclist.The fact that he tossed his toys (the bike) tends to back up the likelihood of the rider's aggressive "I'm not giving way" attitude.
zirconium, Oct 6, 10:54am
Were you on a push bike though countrypete! - There is quite a lot of centrifugal force involved with cycling, and the physics don't necessarily allow you to "brake AND steer to the left". "I can't give way" is very different to "i'm not giving way".
countrypete, Oct 6, 2:32pm
I was on a motorcycle - rather more centrifugal force than a pushbike.I don't deny that the driver of the car acted inconsiderately, poorly even, but it sounds like the cyclist was not riding defensively, or was not bright enough to anticipate what might happen next.
trogedon, Oct 6, 3:25pm
Riding defensively and second guessing everybody else's good or bad driving are two different things. The driver was totally at fault. She should not have done a U turn in front of other traffic. Ideally he would've seen she was turning right and go to her left but he was alongside the car or very close to the can and didn't have the time or ! to make that choice.
sabbath-black, Oct 6, 6:05pm
i agree that she was in the wrong for not looking, but the cyclist could have also avoided the crash by assuming she pulled over for a reason.if it were me i would gone left if possible.expecting a u-turn.she would of had to pull over right in front of him then make a sudden u-turn for him not to be able to contemplate a you ee
trogedon, Oct 6, 6:12pm
Sometimes people pull over to the left and.park.
sabbath-black, Oct 6, 6:16pm
was assuming this was out of town.if not then a different story
roys351, Oct 6, 6:36pm
if you tried that with me i would take your bike cut it into peices and feed it back to you .analy!
zirconium, Oct 7, 7:07am
I'm not a motor biker, but my understanding is that you can brake a lot quicker on a motor bike than on a bicycle. As a cyclist, if i see someone pass me and pull to the left, i assume they are going to open their door without looking, so i do go to the right. Not aggressive, just practical.
zirconium, Oct 7, 7:12am
Right in the centre of Auckland. This road runs between Ponsonby Road and Wellesley St. The supermarket isat the Wellesley St end.
aragorn2003, Oct 7, 7:40am
Don't know what's worse . Woman Drivers or Cyclists. Throw the book at both
johnf_456, Oct 7, 8:33am
so you think vandalism is the solution, because you can't handle something going wrong!
bmwnz, Oct 7, 8:39am
You don't pay to use the road, you don't get to ride on it. Ban cyclists, or charge them annual registration and wof fees!
greateft, Oct 7, 5:29pm
If I was the cyclist's lawyer I'd easily gather evidence for the fight-or-flight response being triggered which means even the 'willful damage' being the motorist's fault. That said, as a rule of thumb cyclists can take a enjoyable and fulfilling jump up their own arses IMHO.
dynotuner, Oct 8, 9:18am
He sounds like a pussy, harden up.