Pongo
Pack Dog
Anyone with advice on who would be the guilty party/liable in terms of insurance claims? I know the insurance companies have their own dynamic ways & means of settling between them, but only for interest sake would I like to know what the legal (technical) point of view would be in a case like this:
I had an encounter with a taxi on Monday morning on my way to work, right in front of the Durbanville Medi Clinic. I tried to make a sketch, inserted below.
I came around the corner turning from Langeberg into Wellington Road, went into the left hand lane and started accelerating with the other traffic – a double cab in front of me and a car next to me. The double cab accelerated more and indicated he was going over to the right hand lane in front of the car next to me (OK, I thought, many drivers at this point see they have to get into that lane to take the turn-off to the hospital). So I could just slip to his left and would be in the clear. Not so – right in front of me was a 4X4 bakkie standing almost in the middel of the two lanes, right indicator on, waiting for a gap to pass the taxi standing in front of her against the pavement on a red line picking up a passenger. For a nanosecond I contemplated taking on the pavement to the left of the taxi. I nicked the 4X4 with my right handlebar and lost control (Fortunately, as there are huge Bluegum trees on the side of the pavement). The result is the bike rammed into the back of the taxi and I missed it, made some tumbles and turns on the pavement and came to a standstill against one of the Bluegums.
I know crashing into a stationary vehicle in most cases makes you the guilty party. But doesn’t picking up passengers on a red line weighs a little more than that?
Would love to hear some opinions.
I had an encounter with a taxi on Monday morning on my way to work, right in front of the Durbanville Medi Clinic. I tried to make a sketch, inserted below.
I came around the corner turning from Langeberg into Wellington Road, went into the left hand lane and started accelerating with the other traffic – a double cab in front of me and a car next to me. The double cab accelerated more and indicated he was going over to the right hand lane in front of the car next to me (OK, I thought, many drivers at this point see they have to get into that lane to take the turn-off to the hospital). So I could just slip to his left and would be in the clear. Not so – right in front of me was a 4X4 bakkie standing almost in the middel of the two lanes, right indicator on, waiting for a gap to pass the taxi standing in front of her against the pavement on a red line picking up a passenger. For a nanosecond I contemplated taking on the pavement to the left of the taxi. I nicked the 4X4 with my right handlebar and lost control (Fortunately, as there are huge Bluegum trees on the side of the pavement). The result is the bike rammed into the back of the taxi and I missed it, made some tumbles and turns on the pavement and came to a standstill against one of the Bluegums.
I know crashing into a stationary vehicle in most cases makes you the guilty party. But doesn’t picking up passengers on a red line weighs a little more than that?
Would love to hear some opinions.
