Ask an expert


the oob

Hi, I was in the left lane turning left, and a cyclist on my left hit my mirror and was going fast enough to completely tear it off. I was indicating but hadn't checked my side mirror, the cyclist admitted to me at the time he had seen me indicate and hadn't reacted. There was no cycle lane or bus lane.

Who is at fault here? Please ask if you need any more details.

Anon

Hi there,
The road rules are the same for cyclists and vehicle users. Even at intersections.
Here is a link http://www.nzta.govt.nz/resources/roadcode/cyclist-code/about-cycling/rules/
I think whoever is in the the lead has the right of way and needs to indicate with signals.
Sounds like the cyclist would be in the wrong, to be behind you, seen you indicate, and not reacted.

the oob

Good to hear.

A bit more detail: this was my sisters car I was driving, the day before her wedding, so there's been a delay of a few weeks with us following it up since she was on her honeymoon.

At the time of the accident, the cyclist seemed quite reasonable and willing to take responsibility, and he gave me his contact details; since then he's apparently 'talked to some people' and decided that it isn't his fault and that I didn't indicate.

If he refuses to settle we're going to take this to small claims court. If we do and the cyclist denies that I indicated, what do you think my chances are like? I intend to be honest about not checking my mirror, but will truthfully insist that I indicated well before turning.

Anon

Hi there,
This is very common. People admitting liability and then Googling or talking to others.
I honstly don't know what the outcome would be. Both accounts would have to be as good as each others"word". I think the road rules that are applied to the situation would be stronger than the indicator being seen to be on or not.

the oob

Is there any limit on how fast a cyclist should be going compared to the traffic they're in? This was in rush hour traffic in Newmarket (just after 4pm), but the cyclist managed to tear off the side mirror.