Accident claim Advice needed

as I said spoke to the people at white dalton (this is the person I spoke to) http://www.whitedalton.co.uk/about-u...on-davies.html
and they restored my faith, problem with the present solicitor is they i dont feel in my heart that they are actually fighting my case more that they are for themselfs and the extra effort aint worth it,
at least with the specialist i know i'm gonna get a fair deal however it ends up.
but the reel thing was at the time of the accident I just went with the solicitor that my insurance appointed me, didn't know no better. I do now thanks to this forum

Sounds very much like my off 18 months ago. It has only just been settled, two days before it was due to go to court. I was with White Dalton and moved to them after my appointed solicitor was telling me the same as yours. Very glad I did as I got a 100%.
Your details sound a little different as you were overtaking passed a junction, whereas the taxi pulled out in front of me to do a three point turn in the road. However, if you were passing slowly, with caution, were there to be seen, she didn't give warning of her intention to turn into the junction etc, the you will stand a good chance.

Your accident is exactly as mine in 08, I was filtering passed a side road and someone pulled out. Mine went to court and I got 50/50, apparently I should have been travelling slower than 10mph! Just wish I had changed from my insurers appointed solicitor now...

[Juju]

Essentially, where you decide to filter, at your own risk, where you come into conflict with other road users, ie passing the mouth of a junction, say, then a court will generally find some negligence on your part. You are "creating your own lane", in the view of the insurers, and it should be evident to an awake motorcyclist of the danger of passing traffic where you might meet other vehicles.

The police roadcraft manual suggests filtering shoould be at no more than a fast walking pace faster than the traffic you are passing.


Where however, you are passing a vehicle which jsut u turns, or turns across, and the rider is not "on warning", ie there is no side road or reason to anticiapte the maoever, Davis Vs Schrogin will prevail, and you will be found not at fault.

There's a very good lesson to be learnt here which I think has been missed.

NEVER EVER overtake traffic past a right hand turning. It just isn't worth the risk.

Personally, so long as the car was indicating right, I would portion some of the blame to the rider as well.

one point to take into consideration is that when filtering it was after a road sign had indicated the lane ahead was closed and for traffic to move over which a large majority had yet to do, so not so much filtering as moved out as directed, and of course I was travelling at only walking pace (maybe a trot) and was fully expecting traffic to merge out but didn't expect a full right turn from a extreme left position so there was not the slightest indication this person was about to make the right turn

[Juju]

Originally Posted by theshed

there was not the slightest indication this person was about to make the right turn

There was. It was the very presence of a right hand turn alone, that should have put you on caution.

Originally Posted by Juju

There was. It was the very presence of a right hand turn alone, that should have put you on caution.

yes it certainly did but the presence of a right hand turn suggests the possibility that someone may turn right, I was travelling at no more than a trot on the other hand she was positioned on the far left of the road not even obeying the road sign-age to move over and was stationary, this I believe to be no indication of her intention to turn right.
and as said I'm not trying to absolve myself of any blame whatsoever I just want a fair hearing not a solicitor who's only interest is an easy quick buck

Originally Posted by Juju

There was. It was the very presence of a right hand turn alone, that should have put you on caution.

See now that's the way I see it. But I am only saying this from bitter experience. Have also had a car pull into my path that was not indicating right or making any sort of movement to indicate a right turn was about to happen. This is why I have learnt never to overtake past a right hand turn. Waiting for the half a dozen seconds it takes to pass the right hand turn before overtaking is worth the wait.

In my case I was able to follow the path of the vehicle turning right and avoided the accident. So very lucky.

I do hope you get the result in your favour but wouldn't be surprised if it didn't. Good luck.