For those that get themselves into such a position, here's what happened to me (FYI):
I have just been through a year long battle with a guy who did just what the article says: I was filtering on the outside of slow moving traffic, he turned into a drive way without indication (although he says otherwise), and I did not have enough time to stop - fist full of brakes, front wheel locks up, and I'm on the floor.
They immediately offered 50:50, and I have been trying to fight for 75:25. However I have finally given up, it's gone on for far to long and I can't be bothered with it anymore - so 50:50 it is.
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