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Old 05-11-07, 03:58 PM   #1
DanAbnormal
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Default Filtering and insurance claims.

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.
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Last edited by DanAbnormal; 05-11-07 at 04:03 PM.
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Old 05-11-07, 04:04 PM   #2
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Default Re: Filtering and insurance claims.

That is really annoying. It seems more and more likely that filtering will become illegal surely? If everytime you are doing it and have an accident you are at least 50% to blame. Maybe you fancy going to court to create case law of motorbike being blamefree, if you have witnesses etc?
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Old 05-11-07, 04:06 PM   #3
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Default Re: Filtering and insurance claims.

What a ****ter
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Old 05-11-07, 04:10 PM   #4
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Default Re: Filtering and insurance claims.

powell vs. moody has been superceded, can't remember the name of the case, something like schroegen vs...


edit: found it - you need to read up the case of Davis v Schrogin
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Old 05-11-07, 04:12 PM   #5
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Default Re: Filtering and insurance claims.

Quote:
Originally Posted by the_lone_wolf View Post
powell vs. moody has been superceded, can't remember the name of the case, something like schroegen vs...
Davis vs Schrogin
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Old 05-11-07, 04:15 PM   #6
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Default Re: Filtering and insurance claims.

Dont give up. There is a more recent case where the car was found mostly, if not totally (cant remember) liable, when the biker filtered past at 40mph, 3-4 times faster than you.
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Old 05-11-07, 04:15 PM   #7
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Default Re: Filtering and insurance claims.

That case sounds v similar to your Dan, might be worth double checking whether or not your solicitor is aware of it.
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Old 05-11-07, 04:16 PM   #8
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Default Re: Filtering and insurance claims.

Quote:
Mr Schrogin was stuck in a traffic jam in his car on a straight road. Mr Davis was riding a motorcycle along the same road in the same direction and was able to overtake the stationary queue as nothing was coming in the opposite direction. Mr Schrogin decided to leave the queue by executing a U-turn. Although Mr Davis' motorcycle was visible, Mr Schrogin did not see him until his car collided with the motorbike. Mr Schrogin accepted in evidence that he was looking the wrong way. Mr Davis first saw Mr Schrogin's car moving towards the kerb in preparation for the u-turn and was no more than five cars' length back from the point of impact.

The trial judge found Mr Schrogin negligent in making the u-turn without looking properly, and that Mr Davis was not to blame. Mr Schrogin argued that Mr Davis had accepted that he had paused to react and was contributory negligent. The Court of Appeal held that Mr Davis was so close to the point of impact that he could not have avoided the collision, so there was no basis for a finding of contributory negligence.
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Old 05-11-07, 04:18 PM   #9
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Default Re: Filtering and insurance claims.

Thats rubbish... as Lynn will tell you too, there is nothing in the high way code about filtering being illeagal and its call 'making progress'. Even cars do it if there is the space for them to perform the move, its the guy doing the U-turns prerogatived to ensure that it is safe for him to perform the manover. And even if he indicated it does not give him the right of way, just a indication of a intention to change direction.
They all just spout "powell vs. moody" to get you scared and your solicitor probably doesn't want the hassle.

Have a word with White Dalton (Wayne rides a SV1000) and have a look and this example from there site.
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Old 05-11-07, 04:23 PM   #10
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Default Re: Filtering and insurance claims.

Quote:
Originally Posted by Grinch View Post
Thats rubbish... as Lynn will tell you too, there is nothing in the high way code about filtering being illeagal and its call 'making progress'. Even cars do it if there is the space for them to perform the move, its the guy doing the U-turns prerogatived to ensure that it is safe for him to perform the manover. And even if he indicated it does not give him the right of way, just a indication of a intention to change direction.
They all just spout "powell vs. moody" to get you scared and your solicitor probably doesn't want the hassle.

Have a word with White Dalton (Wayne rides a SV1000) and have a look and this example from there site.
Dan's case seems more similar to the Davis case to me anyway.
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