NSW WRONG OVERTAKE AND BEING HIT ON PURPOSE (Insuance aspect)

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Adam1user

Well-Known Member
5 January 2018
579
33
2,219
Hi all,

BACKGROUND: I had a bad day at work, couple of stupid mistake and an hour or so spent OT. I ride and I enjoy riding, so to recharge or cool off is to take a long ride. I was trying to overtake on the left side of a big vehicle (call it AA and it was stationary and it was safe to do the pass so there was no risk) stating this I know it is wrong (not defending myself). AA driver works for a government entity. It occurred in Sydney CBD.

I was heading for a ride after a busy and stressful day from work, I came up behind AA which was first at the traffic light (red) and AA wanted to turn left same as me, and I saw enough space between the pavement and AA so I can pass, as I was coming up to AA, AA driver started to block my way, the first time, although blocked my way, but there was still enough space for me to pass, then when I advanced more and then AA driver move more to the left to block me. After the lights turned green AA started to move turning left, as I did behind him, then I wanted to turn right and I overtook AA, there was traffic so I was between a vehicle and AA, then AA hit me on purpose and caused me to fall off my ride It was not an accident that I came up by surprise and then hit me, the key point is hit me on purpose (this is the point I like to know if it makes a difference within the insurance aspect). Facts: I got angry and there was swearing and few bad words but no negative action (like hitting or assault etc…, I never laid a finger on the AA driver). [I was not physically hurt and there was damage to my ride]. I have an action camera that recorded the whole thing: how he blocked me twice and when I fell, but the camera is facing forward and what happened from behind is not visible, some of the shouting will come up in the video.

Before writing any comment(s), I know I was wrong in overtaking AA. I know this and I am not trying to get out it or a give an excuse for it. So please don’t bring that up but please list the possible infringements that I will face if going through insurance company only.

I know someone within the police and saw the video and told me that AA was not at fault and the police would not go after AA.

I am interested in knowing If I place an insurance claim, would I be considered at fault or not at fault? in summary I overtook the bus but the person stated there was not enough space (or not safe to do so), and that is why the police would not consider it as Road Rage. Would the insurance approach or analysis be the same as police that it is my fault or they can put AA at fault?

Thanks all for your comments.