Filtering accidents

[Ratty]

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

[ophic]

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?

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

[Dave20046]

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.

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

http://forums.sv650.org/showthread.p...ltering+letter

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.

[Dave20046]

Originally Posted by Bender

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.

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.

[Dave20046]

how many lanes were on your side of the road?

Originally Posted by RatchetJob

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.

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.