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Old 05-11-07, 06:31 PM   #21
Biker Biggles
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Default Re: Filtering and insurance claims.

You might find the other driver was insured through a company owned by the same group of underwriters as Equity Red Star.Why would they then argue about who pays what when they can just cost you your no claims and load your future premiums?Get a proper lawyer and fight it.
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Old 05-11-07, 07:59 PM   #22
I'm_a_Newbie
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Default Re: Filtering and insurance claims.

More detailed account can be found here:

http://alpha.bailii.org/ew/cases/EWCA/Civ/2006/974.html

Tim
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Old 06-11-07, 01:22 PM   #23
Pedro68
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Default Re: Filtering and insurance claims.

Dan, as everyone else seems to have said ... Davis vs Schrogin seems the way to go.

I would be interested to hear why you think you shouldn't have been filtering though, as this may have quite a bearing on your particular case (and isn't every case different?!).

Good luck with it tho Dan. Wish I'd taken mine further, but then on reflection I think I wasn't harshly treated. I was filtering on a motorway at about 30 - 35mph between 2 lanes of "almost stationary" traffic. That was a bit too fast for the police's liking, and I got "offered" a National Driver Improvement Scheme because of that (rather than a charge of 'driving without due care and attention').

Pete
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Old 06-11-07, 01:48 PM   #24
thor
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Default Re: Filtering and insurance claims.

Yes it's boloocks, as I have been offered 80/20 straight off. The highway code makes it clear that:

Filtering is overtaking.
Being overtaken means you must let them pass.
Moving around in/out of your lane whilst overtaken is dangerous.

To make a right turn you must perform adequate observation.

Either way, they lose.
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Old 06-11-07, 02:00 PM   #25
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Default Re: Filtering and insurance claims.

Don't accept.

I was doing the same, 15-20mph, inside the line, filtering. Someone done a U turn and took me out.

Im getting (refused first offer of) £965 + bike repairs of about another £500 all in.

Taken a year, long, drawn out, i've quoted previous cases like this (of which the insurers knew about anyway) and at last it seems im winning.

Thats after 3 storey changes by the other party, they still tried it on. I've won, but the aid of a witness confirmed my storey.

Don't lie down, fight it.
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