CRASH!!!!

Does anyone know where I stand with regards to insurance. I was filtering on a road with 2 lanes of traffic on either side of the road. A woman was indicating right on the otherside of the road wanting to cross the traffic I was filtering through, 2 bikes were ahead of me, the traffic had decided to let this woman cross, the other bikers in front of me passed the gap and then she just appeared infront of me and I hit her on her passenger side. Is it her fault or mine?

very debatable..... could well be a 50-50 claim

I saw something like this on the web, someone posted a written statement they used to win a case similar to this.

What you need to do is use the highway code to support your claim.

The highway code makes references to filtering and although I cant remember exactly what it says it does say you should do x,y and z - the bottom line being that it says you are allowed to filter.

I bet any money the highway code warns you to look when pulling out onto a road when someone waves you out and it also says you have to observe that it is clear both ways.

By pointing out those two things you can prove that you are in the right as you were legitimately filtering and she was in the wrong because clearly she did not do her observations before pulling into a line of traffic.

Particularly difficult as these are exactly the circumstances of Powell vs Moody.

in the latest copy of bike magazine there is a page about this sort of thing. basically it says most people have to settle part responsibility mainly due to most solicitors and insurers not knowing the law well enough in relation to bikes.

but the actual highway code says cars have to account for bikes filtering aswell as cars. Being flashed for example isnt a signal to proceed, the driver always has a duty of care to check it is clear whether someone has flashed to show it is or not.

get a copy of the mag, it might help u as i cant remember it that well. also make sure u get a bike specific solicitor company acting on ur behalf and not some crap no win no fee clueless lot.

firstly, are you and bike ok? hopefully so

secondly:

Originally Posted by Toypop

I saw something like this on the web, someone posted a written statement they used to win a case similar to this.

if that was my filtering letter it wont help in this case. that was a guy turning right on me when I was level with his door.

Id say this would be a 50/50. yes the car has a duty of care to check its clear but a biker shouldnt proceed filtering if theres a hazard that would put him at risk.

the highway code giving cause for cars to consider bikes filtering is not a licence to filter without due care and consideration for the fact all other road users in cages are muppets and dont look.

she checked and stopped and let the other 2 bikes through - something that would count in her favour insurance wise if you pull the you didnt see the bikes line - and then obviously it was clear to her to move and probably didnt see pjw filtering.

tbh I wouldve stopped and let her go. you should always be preparing to stop in that situation if you see a car indicating right and the car in front stop. how do you know both of them werent letting someone out on a right turn from the junction she was turning into? and better to let someone go and be intact.

Being in the right isnt any good if youre mumbling it through hospital food or its your epitaph.

[BillyC]

I think this is the link people have been mentioning:

www.feelthecheese.com\Filtering.htm

It should help you a bit... but maybe not

Sorry to hear about the crunch dude!

Originally Posted by BillyC

I think this is the link people have been mentioning:

www.feelthecheese.com\Filtering.htm

It should help you a bit... but maybe not

Sorry to hear about the crunch dude!

damn!! this was something raised quite legitimately on visordown when that letter ended up there.

that letter IS NOT A CAVEAT TO FILTER REGARDLESS. It was there to help if some muppet did a uturn on you while filtering.

I did post on the forums I could find it on not to take this as a gospel right to filter. You cant just say the highway codes behind me and carry on if its not safe to do so.

now wondering about the advisability of posting that

[BillyC]

Welcome back Lyn!

I think if someone wants to pull across oncoming traffic... similar rules apply - if not more so to the situation you describe Lyn.

Originally Posted by Patch

Particularly difficult as these are exactly the circumstances of Powell vs Moody.

Powell -vs- Moody?? Detail??