Claim advice

thanks for all the advice and words of support guys, im really going to fight this one as i dont feel that i could have done anything to stop this guy doing something so stupid, and im not about to fork out because of this

u guys rule

Presumably the insurance companies encourage 50/50 settlements as then there are two excesses contributing to the cost?

Originally Posted by gettin2dizzy

Presumably the insurance companies encourage 50/50 settlements as then there are two excesses contributing to the cost?

I'd even go as far as to say it might be the guys insurance company, not the guy himself that's pushing for the 50/50.

Originally Posted by Mr_Chin

There's an article in BIKE magazine giving the percentage rates for different scenarios of bike accidents, and if I remember correctly, a cage doing a u-turn in a queue of traffic, hitting you whilst filtering is 100% at fault.

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!

Originally Posted by Dangerous Dave

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).

Originally Posted by muffles

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).

i was on the other side of the road when he pulled out on me, but i didnt have enough time to come to a compleate stop, but i was rolling at less then 3mph when he hit me

Originally Posted by DoubleD

I have THIS LINK in my favourites, it was posted on this forum ages ago, it might help it might not but have a look it might give you some ideas.

I can't remember the author but they are from this forum.

That was drafted by lyn w. I haven't seen her on here for a while. She was/is one of life's more engaging and assertive characters.

Similar circumstances to yours, cypher etc. She was being fed a pack of lies, she wrote that letter, she won her claim 100%.

thanks Mr Ed

i too miss Lyn W, hope she is doing ok where ever she is