I just spoke with my insurer who says third party is going for 50/50 on my claim and I have been advised to take it.
The incident:
I was filtering passed stationary traffic at about 10 - 15mph when said car decides at last second to perform U turn without looking or indicating. Apparently he broke no law by doing this and the case law even if it went to court may see me getting more than 50 percent of the blame as I should not have been filtering. My solicitor has told me that the case law is there which gives the biker a 50 percent liability on this one. I sent the letter with the filtering info on it taken from the Highway code (send to me from Paws) which had no use whatsoever. I even have a witness that told them the car just pulled out. But because I was filtering (carefully I might add) I get the same blame as the driver who just didn't bother his fat ass looking. So, in short if you get knocked off while filtering you will get some of the blame. bummer. I may need to sell my Ninja next year if the insurance goes up too much. Still, on the plus side I have this guys address now.
Our country has become so anti-biker now that even when we are the victims we are treated as crazy speed freaks with no regard for the safety of ourselves or others (well, that's me at the weekend but ssshh). It won't stop me though, just one of the downsides of biking.