A little over a year ago my friends and I head back up over the mountain for another round of laps. Unfortunately the view point at the top had gotten quite busy now. As we crested the peak a car did an illegal right turn, over a solid line, when leaving a parking area. (Leaving this area you can only turn left to avoid this exact incident) My friend on the Rx at the front clipped the rear of the car and fell while my friend in the middle on the R1 managed to avoid the accident. Thankfully the rider is ok and the bike was repaired and back on the road. We now go much slower over that crest This footage is over a year old due to the insurance case, hence I am on my 675R.
Dark Rider Great when the rider gets up and walks away. Bikes can always be repaired or replaced. Joe.
From my friend on the Rx "insurance could not draw a conclusion, both parties claimed the other was at fault, neither could prove otherwise. Case was closed."
I would guess because by the time he hit it, it was on the right side of the road......possibly a bit of target fixation, so would be difficult to apportion blame one way or the other That is not to say I don't have sympathy for his situation and am sure I wouldn't fare any better but thinking purely about the legal aspects.
Surely that reinforces the old adage 'ride at a speed where you can stop in the distance you can see to be clear' Had the rider been dong that he could have stopped.
Because without clear blame it's not in the insurance companies interests, it suits them better to do this as it keeps their admin costs down and potentially saves paying out injury compensation.
If you claim on your own insurance they may become more interested as they will want to recover their costs.