Knocked off today on the M3 - SV650.org

19-04-05, 04:59 PM

Well I am back home again, the GS is at SPC being estimated and off the road until it gets fixed. Best guess it will be about £1500 worth. Claim is filed and I have been very clear that a) I will only deal with a solicitor that specialises in Motorcycle claims and b) that irresepctive of any case law I will not accept any percentage liability, even if I have to go to high court.

So what happened. M3 is at a standstill all 3 lanes, well stop start, you know. I am filtering along at 15 -20 miles per hour quite happily for over 3 miles between lanes 2 & 3. I can see that the middle lane has staretd to move slightly opening a gap of about 2 car lengths about 3 cars ahead of me. I check for signs that there may be a lane changer, indicator, twitch of the wheels, turn of the head no sign at all so I carry on filtering.

I was adjacent top the front wing of a car in the outside lane and he turned into me. his front wing/and the wrap around bit of his front bumper hit the crash bar and it knocked me out of control into the middle lane into a gap of about two car lengths, I braked as hard as I could and was almost stopped but bumped the rear of the car in the middle lane and fell off the bike with it landing on its left hand side in the middle lane.

Fortunately the white van at the back of the gap didn't run me over and indeed offerred himself as a witness for me as did the driver of car behind the one that hit me.

I was on my feet in seconds, checked that I was ok and then set about looking at the bike.

When we moved to the hard shoulder the other driver asked me whose fault it was and then asked "are you allowed to go between the traffic?" when I said yes its perfectly legal for me to dod so and supported by the government strategy on motorcycling he said that it was his fault then as he hadn't seen me and hadn't checked. Whilst we were there I pointed out to him the 15 other bikers that we saw filtering and asked him if he never used the motorway.

I am fine I fell at 0 MPH my body did did not impact anything hard apart from the road.

Why am I so adamant that I will not accept liability? Well I was riding with a great deal of care, I am not injured because, although I was filtering, I was travelling at a speed that minimised the danger to me and others and I was almost past the car when he turned, he did not need to look in his mirror he just needed to look where he intended going to see me. I was wearing a full Hi-Vis vest, had my headlights and driving lights on.

I actually hope that I have to take this to high court to win. It is not until the upper courts rule that case law is made, lets hope this is the chance to do so.

As regardds injuries. at this moment I don't feel any. I have no pain, no stiffness anymore than when I have fallen off-roading and I am not going to take up valuable NHS time. If as the day go's on things change I will go to the docs straight away

mattSV · 19-04-05, 05:10 PM

Patch - sorry to hear about your off, however glad to hear that you are ok.

Hope it doesn't take too long to sort your bike out.

It might be worth writing down exactly what was said on the hard shoulder whilst it is still fresh in your memory - just incase the driver 'forgets' that he has already admitted liability.

Just goes to show that no matter how experienced, or careful you are, there a lot of ignorant ****s out there.

19-04-05, 05:13 PM

bugger... my worst nightmare is coming off while filtering.

i think its very easy to be lulled into a false sense of security... and almost think of it as a 'biker lane' only to be rudely waken (usually by a BMW driver).

sounds unavoidable... and pleased your ok.

k

19-04-05, 05:18 PM

Glad you're ok. Good luck sorting the bike.

19-04-05, 05:35 PM

sorry to hear about your off, good luck with the claim...dont except anything less.

19-04-05, 05:36 PM

Glad you're o.k Patch. Hope all goes well with you're claim and doesn't take to long.

19-04-05, 05:41 PM

Glad you're okay Patch, wish you luck with the claim, keep us informed.

.

fizzwheel · 19-04-05, 06:10 PM

Nightmare, good luck with your claim, Glad you are OK

19-04-05, 06:12 PM

Good luck with the claim and glad your ok.

Having an accident whilst filtering is one thing I dread. I know that it isn't against the law but it always seems to be one of those grey areas. Let us know how you go and what the solicitors/insurance say.

19-04-05, 06:35 PM

Patch, I am really sorry to hear of your off. It is worrying that
things like this can happen even to the most experienced bikers like
you. There's nothing one could have done to prevent this.

Glad you seem to have escaped injury. Good luck with the insurance claim.

19-04-05, 04:59 PM	#1
Patch Guest Posts: n/a	Knocked off today on the M3 Well I am back home again, the GS is at SPC being estimated and off the road until it gets fixed. Best guess it will be about £1500 worth. Claim is filed and I have been very clear that a) I will only deal with a solicitor that specialises in Motorcycle claims and b) that irresepctive of any case law I will not accept any percentage liability, even if I have to go to high court. So what happened. M3 is at a standstill all 3 lanes, well stop start, you know. I am filtering along at 15 -20 miles per hour quite happily for over 3 miles between lanes 2 & 3. I can see that the middle lane has staretd to move slightly opening a gap of about 2 car lengths about 3 cars ahead of me. I check for signs that there may be a lane changer, indicator, twitch of the wheels, turn of the head no sign at all so I carry on filtering. I was adjacent top the front wing of a car in the outside lane and he turned into me. his front wing/and the wrap around bit of his front bumper hit the crash bar and it knocked me out of control into the middle lane into a gap of about two car lengths, I braked as hard as I could and was almost stopped but bumped the rear of the car in the middle lane and fell off the bike with it landing on its left hand side in the middle lane. Fortunately the white van at the back of the gap didn't run me over and indeed offerred himself as a witness for me as did the driver of car behind the one that hit me. I was on my feet in seconds, checked that I was ok and then set about looking at the bike. When we moved to the hard shoulder the other driver asked me whose fault it was and then asked "are you allowed to go between the traffic?" when I said yes its perfectly legal for me to dod so and supported by the government strategy on motorcycling he said that it was his fault then as he hadn't seen me and hadn't checked. Whilst we were there I pointed out to him the 15 other bikers that we saw filtering and asked him if he never used the motorway. I am fine I fell at 0 MPH my body did did not impact anything hard apart from the road. Why am I so adamant that I will not accept liability? Well I was riding with a great deal of care, I am not injured because, although I was filtering, I was travelling at a speed that minimised the danger to me and others and I was almost past the car when he turned, he did not need to look in his mirror he just needed to look where he intended going to see me. I was wearing a full Hi-Vis vest, had my headlights and driving lights on. I actually hope that I have to take this to high court to win. It is not until the upper courts rule that case law is made, lets hope this is the chance to do so. As regardds injuries. at this moment I don't feel any. I have no pain, no stiffness anymore than when I have fallen off-roading and I am not going to take up valuable NHS time. If as the day go's on things change I will go to the docs straight away

19-04-05, 05:10 PM	#2
mattSV Member Mega Poster Join Date: Jul 2003 Location: Darn sarf, innit Posts: 2,025	Patch - sorry to hear about your off, however glad to hear that you are ok. Hope it doesn't take too long to sort your bike out. It might be worth writing down exactly what was said on the hard shoulder whilst it is still fresh in your memory - just incase the driver 'forgets' that he has already admitted liability. Just goes to show that no matter how experienced, or careful you are, there a lot of ignorant **s out there. __________________ 2000 - 2004 SV650S 2004 - 2009 SV1000S 2009 - 2013 Triumph Sprint ST1050 2013 - 2016 Triumph Explorer 1200 2016 - Ducati Multistrada DVT S**

19-04-05, 06:10 PM	#8
fizzwheel Super Moderator Mega Poster Join Date: Dec 2003 Location: Somerset Posts: 3,614	Nightmare, good luck with your claim, Glad you are OK __________________ Look Dave, I can see you're really upset about this. I honestly think you ought to sit down calmly, take a stress pill, and think things over. K5 GSXR 750 Anniversary Edition

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19-04-05, 05:13 PM	#3
kjames Guest Posts: n/a	bugger... my worst nightmare is coming off while filtering. i think its very easy to be lulled into a false sense of security... and almost think of it as a 'biker lane' only to be rudely waken (usually by a BMW driver). sounds unavoidable... and pleased your ok. k

19-04-05, 05:18 PM	#4
Flamin_Squirrel Guest Posts: n/a	Glad you're ok. Good luck sorting the bike.

19-04-05, 05:35 PM	#5
fraser01 Guest Posts: n/a	sorry to hear about your off, good luck with the claim...dont except anything less.

19-04-05, 05:36 PM	#6
bluebell Guest Posts: n/a	Glad you're o.k Patch. Hope all goes well with you're claim and doesn't take to long.

19-04-05, 05:41 PM	#7
jonboy Guest Posts: n/a	Glad you're okay Patch, wish you luck with the claim, keep us informed. .

19-04-05, 06:12 PM	#9
Couerdelion Guest Posts: n/a	Good luck with the claim and glad your ok. Having an accident whilst filtering is one thing I dread. I know that it isn't against the law but it always seems to be one of those grey areas. Let us know how you go and what the solicitors/insurance say.

19-04-05, 06:35 PM	#10
Professor Guest Posts: n/a	Patch, I am really sorry to hear of your off. It is worrying that things like this can happen even to the most experienced bikers like you. There's nothing one could have done to prevent this. Glad you seem to have escaped injury. Good luck with the insurance claim.