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05-11-07, 03:58 PM | #1 |
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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. Last edited by DanAbnormal; 05-11-07 at 04:03 PM. |
05-11-07, 04:04 PM | #2 |
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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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05-11-07, 04:06 PM | #3 |
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Re: Filtering and insurance claims.
What a ****ter
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05-11-07, 04:10 PM | #4 |
Captain Awesome
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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powell vs. moody has been superceded, can't remember the name of the case, something like schroegen vs...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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Official "Dumbass of the Year" 2011 (•_•) ( •_•)>⌐■-■ (⌐■_■) Deal with it... Last edited by the_lone_wolf; 05-11-07 at 04:15 PM. |
05-11-07, 04:12 PM | #5 |
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Re: Filtering and insurance claims.
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05-11-07, 04:15 PM | #6 |
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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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05-11-07, 04:15 PM | #7 |
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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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05-11-07, 04:16 PM | #8 | |
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Re: Filtering and insurance claims.
Quote:
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Official "Dumbass of the Year" 2011 (•_•) ( •_•)>⌐■-■ (⌐■_■) Deal with it... |
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05-11-07, 04:18 PM | #9 |
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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. |
05-11-07, 04:23 PM | #10 | |
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Re: Filtering and insurance claims.
Quote:
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