Insurance Question

[sweepdoggydog]

I had my first real crash yesterday, I was riding down a nice B road, when up ahead I noticed that all the traffic was tailed back due to a slow moving lorry up ahead, so i started to filter down past all of the slow moving traffic. Next thing I know is the a car is out pulling of a turning between two of the cars on my side of the road about five meters ahead, I'm going at about 20-30 mph so i slammed on the anchors, however she didn't see me as she was looking the other way so continued to pull out, which resulted in me being T boned!!

My question is who was in the wrong? there was an off duty copper that was a few cars back who got out to help, he happened to be a biker too. He said that it was 50-50, which i agree with, I was overtaking and didn't notice her and she didn't look properly.

does any one know of any rules regarding this kind of situation, I could do with out involving the insurance company as I'm only 22 and have only just built up 1 years ncb, if it falls down on be its going to cost me fortunes!!

[Biker Biggles]

Firstly,if her car was damaged,or she later claims an injury,however slight,your insurance company will need to know.As for the accident you need to ask a specialist lawyer.Try White Dalton,or Bromolly Holcroft.They both specialise in bike accidents,and I think do no win no fee stuff.

[454697819]

I had my first real crash yesterday, I was riding down a nice B road, when up ahead I noticed that all the traffic was tailed back due to a slow moving lorry up ahead, so i started to filter down past all of the slow moving traffic. Next thing I know is the a car is out pulling of a turning between two of the cars on my side of the road about five meters ahead, I'm going at about 20-30 mph so i slammed on the anchors, however she didn't see me as she was looking the other way so continued to pull out, which resulted in me being T boned!!

My question is who was in the wrong? there was an off duty copper that was a few cars back who got out to help, he happened to be a biker too. He said that it was 50-50, which i agree with, I was overtaking and didn't notice her and she didn't look properly.

does any one know of any rules regarding this kind of situation, I could do with out involving the insurance company as I'm only 22 and have only just built up 1 years ncb, if it falls down on be its going to cost me fortunes!!

sorry to hear it, in my opinion and experiance of reading cases on here, it sounds like she is very much in the wrong. she pulled out in front of you after all!!

hope you get it sorted asap,

Cheers
Alex

[timwilky]

Sorry to read of your off.


As for your question. It used to be considered 50-50 because of a precedent set in the courts years ago. But lately the view has been that you were conducting a perfectly legal manoeuvre and she failed to carry out sufficient observations resulting in the accident.

Talk to a specialist solicitor and hold her 100% liable. The insurance company will no doubt refer to this old test case. But if using someone like White Dalton they should be more clued up.

Best of luck and rember it is not only the damage to your bike, but also your gear, cost of hiring a replacement bike etc.

[Paws]

hun you have a pm, might have something here to help ya. :)

[sweepdoggydog]

not too sure, what is a pm?

[Paws]

not too sure, what is a pm?

lol, private message.

[BillyC]

Right,

This was a page that others have found useful in the past. Please do not take it out of context, and accept it as just one view on the perceptions of Filtering when applied to the Highway code.

http://www.feelthecheese.com/Filtering.htm

This has been discussed at some length on the forum, and may well be worth a search or two.

Many thanks to Lyn, who some may recall provided contents of the link, indirectly.

[Paws]

Right,

This was a page that others have found useful in the past. Please do not take it out of context, and accept it as just one view on the perceptions of Filtering when applied to the Highway code.

http://www.feelthecheese.com/Filtering.htm

This has been discussed at some length on the forum, and may well be worth a search or two.

Many thanks to Lyn, who some may recall provided contents of the link, indirectly.

Already sent him it hun, helped my mate win his case when he got hit whilst filtering.

[scooby2102]

Billy / Lyn, well done, very interesting in case it should happen to any of us

[lynw]

Billy / Lyn, well done, very interesting in case it should happen to any of us

No worries, hope it helps. Thanks to Billy for keeping a permanent copy should it fall off the forum. Failing that I still have the original on the PC.

I should also have the original from my mate which I amended to the above letter prior to publishing it on the web. If anyone needs it for night time riding and relevant highway code sections I can forward that on if needs be.

And a thankyou to those whove used it and said thankyou, nice to know it was worth publishing it in the first place and has helped.

[svpilot]

Check your insurance docs to see if it provides any legal cover, if it does give 'em a call. Most will offer a 'no win no fee deal'. Don't be put off by this, a reputable firm such as White Dalton claim their fees from the other side, it is not taken from anything awarded to you. Check out their website.

I got taken out by a twit opening their car door on the A2. Despite the police not wanting to know (it was the passenger that opened the door) and a few online 'experts' suggesting I was at fault for daring to filter, the other party was found 100% liable. It's can be a long process though... my accident was over 7 months ago... still no cheque (I was injured though, so it is still ongoing)

I'm sorry to hear about your off, consider yourself lucky you're not injured (I know you don't feel lucky but bikes can be replaced/fixed)

Good luck!

[paulthewitt]

very similoar happened to me. although it *should* be the cars resposibility to make sure both ways are clear, it doesntwork like that!

mine went 50/50 speak to your lawyer and claim against em as their fault....say hgello to a 2 year legal battle.....claim for every injury. make sure they know about every one....even bruises. personal injury is where the money comes from.

Paul