SV650.org - SV650 & Gladius 650 Forum



Bikes - Talk & Issues Newsworthy and topical general biking and bike related issues. No crapola!
Need Help: Try Searching before posting

Reply
 
Thread Tools
Old 02-06-09, 09:35 AM   #1
Ratty
Member
 
Ratty's Avatar
 
Join Date: Feb 2004
Location: Stockport
Posts: 597
Default Filtering accidents

I've been researching the outcome of insurance claims involving filtering since my accident last Friday. Seems I might not have a leg to stand on (pun) in the claims department with maybe a best case of 50 - 50 . I know there has been a recent land-mark but it may not be relevant to my case because both parties were travelling along the same road in that case.

How have you gone on with filtering insurance claims?
Did you have witnesses?

Thanks in advance for any feedback

Ratty
__________________
"I can see Paradise by the SV's light"
TCX Competizione S boots saved my foot .

Last edited by Ratty; 02-06-09 at 09:37 AM.
Ratty is offline   Reply With Quote
Old 02-06-09, 09:43 AM   #2
ophic
Member
Mega Poster
 
ophic's Avatar
 
Join Date: Jan 2004
Location: Whyteleafe
Posts: 3,395
Default Re: Filtering accidents

Bit of a grey area, filtering.

Having read your other post though, you said the other party was flashed out - this should go in your favour because flashing has no legal recognition - you should only pull out if its safe to do so. Clearly it wasn't. Could she have been reasonably expected to see you approach?
__________________
Silver SV650SK3, Fuel exhaust
ophic is offline   Reply With Quote
Old 02-06-09, 09:43 AM   #3
Paws
Guest
 
Posts: n/a
Default Re: Filtering accidents

Theres a letter that you can fill in and send off to your solicitor which should help you, its on here somewhere as it was one of the org members that came up with it
  Reply With Quote
Old 02-06-09, 09:47 AM   #4
Dave20046
Member
Mega Poster
 
Dave20046's Avatar
 
Join Date: Jul 2008
Location: Sheffield
Posts: 10,274
Default Re: Filtering accidents

send me your email address and I can send it on, or search for linsey w's letter

It isn't really a grey area anymore. Think it was a of 2006

what happened, didn't someone pull out from a junction in front of you? Their fault.
__________________
Dave20046 is offline   Reply With Quote
Old 02-06-09, 09:47 AM   #5
Paws
Guest
 
Posts: n/a
Default Re: Filtering accidents

Found it:
Filtering letter, helped my mate win his case

http://forums.sv650.org/showthread.p...ltering+letter
  Reply With Quote
Old 02-06-09, 09:50 AM   #6
Davies
Guest
 
Posts: n/a
Default Re: Filtering accidents

See here too


The third party have ended up saying that they will pay for everything without predjudice as they have had no further communications from their client.......which is an admission of guilt in my eyes.
  Reply With Quote
Old 02-06-09, 09:53 AM   #7
Dave20046
Member
Mega Poster
 
Dave20046's Avatar
 
Join Date: Jul 2008
Location: Sheffield
Posts: 10,274
Default Re: Filtering accidents

Quote:
Originally Posted by Bender View Post
See here too


The third party have ended up saying that they will pay for everything without predjudice as they have had no further communications from their client.......which is an admission of guilt in my eyes.
ditto, althoguh that without predujice thing ****es me off.
__________________
Dave20046 is offline   Reply With Quote
Old 02-06-09, 10:01 AM   #8
RatchetJob
Guest
 
Posts: n/a
Default Re: Filtering accidents

I think there are at least two elements to this accident:

  1. The car driver pulled out at a junction (minor road to major road) without giving way to traffic (you) on the major road. (Rule 172)
  2. Filtering is regarded as an overtaking manoeuver and the highway code states that you must not overtake when approaching or at a road junction on either side of the road (rule 167)
So fault may not be so easy to determine. It is not just a simple case of someone causing an accident by performing a U turn without proper observation.

I am not siding with the car driver, I do believe she should have moved out carefully, but these are the rules that you may come up against.
  Reply With Quote
Old 02-06-09, 10:24 AM   #9
Dave20046
Member
Mega Poster
 
Dave20046's Avatar
 
Join Date: Jul 2008
Location: Sheffield
Posts: 10,274
Default Re: Filtering accidents

how many lanes were on your side of the road?
__________________
Dave20046 is offline   Reply With Quote
Old 02-06-09, 11:42 AM   #10
AndyW
Guest
 
Posts: n/a
Default Re: Filtering accidents

Quote:
Originally Posted by RatchetJob View Post
I think there are at least two elements to this accident:

  1. The car driver pulled out at a junction (minor road to major road) without giving way to traffic (you) on the major road. (Rule 172)
If she was flashed to go by another driver, then the flashing driver takes some responsibilty. As pointed out on IAM courses, don't ever indicate to someone else it is safe to go as you assume responsibility and become liable.
Quote:
  1. Filtering is regarded as an overtaking manoeuver and the highway code states that you must not overtake when approaching or at a road junction on either side of the road (rule 167)
Filtering is legal and has had (at least) one case where the judge has ruled so and it is now a legal precedant. The highway code is a guide, not the law, and the judges decision is very clear. Fluffed if I know where to look the exact case up now, but it should be in the archives on here somewhere as I remember a similar discussion.
  Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
IOM Road accidents G Bikes - Talk & Issues 11 10-06-08 07:19 AM
NW Rideouts & accidents Baph The Border Patrol 177 24-05-08 12:08 PM
Advice on accidents chakraist Bikes - Talk & Issues 12 01-04-08 10:40 PM
saw TWO accidents today kwak zzr Idle Banter 10 11-06-07 08:04 PM
Silly Accidents Lissa Idle Banter 26 28-02-06 04:21 PM


All times are GMT. The time now is 11:16 AM.


Powered by vBulletin® - Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.