Insurance claim query

Last night one of my housemates (Not Pepin!) was knocked off his bike while filtering. Today his insurance has said that they're not going to pay out as it's apparently his fault.

Basically what's happened is that he's been filtering past slow-moving traffic. There's a collegiate along the road, and people are always trying to get out into the traffic stream. While coming up to this junction, the traffic was still moving, so nothing could get out. As he was coming up to the junction, the car just in front of him stopped to let another car out, flashing her. She's not checked anything beyond this and has pulled out (probably looking left so she could see if anything was coming down the other side of the road). He's passed the car that's stopped during this time, and she basically pulled out straight into the side of him. He attempted to brake and avoid as soon as he saw her, but she did nothing.

He thought he was going to have a solid case for it - the damage to her car is on the front centre of her bumper (not a corner as would be the case if he'd moved out while she was already in the road) and the side of his bike, and at the scene he got a witness to give contact information. The insurance company has spoken to the witness today, and they're now saying that the witness has confirmed that it's his fault. Apparently this is because the car that he was filtering past stopped to allow the other car out.

Now I'm about 99% sure here that the insurance company is having him on by saying that it's his fault - yes, it's a filtering incident which is always a little tricky, but she pulled out into the side of him. They're now apparently stonewalling him. What can he do?

[Gazza77]

Originally Posted by Neeja

Last night one of my housemates (Not Pepin!) was knocked off his bike while filtering. Today his insurance has said that they're not going to pay out as it's apparently his fault.

Basically what's happened is that he's been filtering past slow-moving traffic. There's a collegiate along the road, and people are always trying to get out into the traffic stream. While coming up to this junction, the traffic was still moving, so nothing could get out. As he was coming up to the junction, the car just in front of him stopped to let another car out, flashing her. She's not checked anything beyond this and has pulled out (probably looking left so she could see if anything was coming down the other side of the road). He's passed the car that's stopped during this time, and she basically pulled out straight into the side of him. He attempted to brake and avoid as soon as he saw her, but she did nothing.

He thought he was going to have a solid case for it - the damage to her car is on the front centre of her bumper (not a corner as would be the case if he'd moved out while she was already in the road) and the side of his bike, and at the scene he got a witness to give contact information. The insurance company has spoken to the witness today, and they're now saying that the witness has confirmed that it's his fault. Apparently this is because the car that he was filtering past stopped to allow the other car out.

Now I'm about 99% sure here that the insurance company is having him on by saying that it's his fault - yes, it's a filtering incident which is always a little tricky, but she pulled out into the side of him. They're now apparently stonewalling him. What can he do?

Speak to a solicitor, especially if he has legal cover. And put his complaint in writing to the insurance co, and if necessary, the relevent ombudsman (the FSA?)

Not sure on the legal stand point, filtering is a bit of grey area, but as she pulled out into traffic I would think the responsibility to ensure it's safe to do so lies with her, regardless of the point she was flashed by the car. What would the insurance company say if he were on a push bike in the same situation?

Def go see a solicitor. Most will do a 15 or 30 minutes chat at no or very little cost to ascertain if a case exists.

hope hes not injured neeja,

this all seems a bit quick?, less than 24 hrs after the rta and his own insurance is saying its his fault? i guess this is from a fully comp point of veiw?, anyway imo surely they should be helping him.

again im also not good on the legalities, if he doesnt have legal cover then get straight onto solicitors or accident management company.

i wish him good luck

He's not injured, has a bit of a sore shoulder. All the bike's plastics apart from the left rear are smashed+scratched, and headlight bracket seems knackered too, so it's a lot of expensive damage.

I'm not sure if he has legal cover or not, I'll ask him later. But yeah, I'm basically thinking the same thing as you guys - his insurance company are just doing nothing. He's TPFT not fully comp, so if he can't get anything from them he's going to be massively out of pocket.

I had a similar issue, but I was filtering up the inside (just inside the bus lane, ahem!) when a van stopped and allowed an oncoming car to turn across our path.

My insurance company said it was probably going to go 50-50 as technically we were both in the wrong, but 2 days after the accident the other partys insurance company admitted full liability. me 1, my insurance company nil.

TBH, in my case I would actually blame the guy who I hit and the van who flashed him out. The van man had no right to flash him out, but the tit in the focus should have checked before pulling out in front of me.

I couldn't really use this argument this though as the guys in the can were both witnesses claiming the guy in the Focus was at fault. Feeling guilty I presume......

Originally Posted by Monkey_SDMF

TBH, in my case I would actually blame the guy who I hit and the van who flashed him out. The van man had no right to flash him out, but the tit in the focus should have checked before pulling out in front of me.

I was told on my DAS that if someone flashes their lights to let another driver out who subsequently crashes due to being flashed out, then it's the fault of the lighter-flasher.

Of course that could just have been an urban myth that was circulating

Originally Posted by Kinvig

I was told on my DAS that if someone flashes their lights to let another driver out who subsequently crashes due to being flashed out, then it's the fault of the lighter-flasher.

Of course that could just have been an urban myth that was circulating

That sounds like an urban myth to me. Someone flashing their lights at you should never be taken as "I'm letting you out", rather as "I'm letting you know I'm here".

That fact that it's commonly understood to mean "I have completed all the necessary checks for you, and I am letting you know that it is totally and utterly OK for you to pull out with out looking" is just stupid and dangerous.

I've dropped my bike (in the past, not recently ) because someone coming the from the opposite direction to me has flashed a car in a side turning (on my right), who then proceeded as if I wasn't there.

[Biker Biggles]

Not really.The meaning of flashing your lights is exactly the same as sounding your horn according to the highway code so theres no such thing as flashing someone out.
These often go 50 50 because the car should look before moving,but the filtering bike should be aware of what might emerge through gaps in traffic and be able to stop in time if some numpty pulls out.

Two things;

1) The motorcyclist was creating another lane of moving traffic (works against motorcyclist).

2) If a car flashes to let you out it is still your responsibility to ensure your path is clear before proceeding (works in favour of the motorcyclist).