Thread: Claim advice
View Single Post
Old 09-04-08, 12:05 PM   #15
muffles
Guest
 
Posts: n/a
Default Re: Claim advice

Quote:
Originally Posted by Dangerous Dave View Post
Not neccesarily, by filtering you are creating a second lane of traffic which would then lead the case to the car driver as by the highway classification it could be a single carriage way. This is just being anal though, you should be able to get at least 80/20 on your side. 100% would be great, but it will cost more money and you will need to factor in everything!
I've never heard of it being taken as creating a second lane of traffic - do you know of any cases where this has happened? It's defined as an overtake, at least I thought it was. As long as the OP was taking reasonable precautions whilst filtering (overtaking) then I don't think he would be held at fault. He has to go past the car at some time so I'd assume reasonable precautions would generally be sufficient distance from the car for the speed he was going at, but I don't think any of those details have been given in the thread.

FWIW I'd try to (and I do myself) filter right over on the other side of the road in these situations (I'm assuming that since he went to do a U-turn, there was no traffic in the other direction).
  Reply With Quote