Legal/Insurance type question - SV650.org

05-06-06, 01:58 PM

Has anyone here had any experience of insurance claims if getting hit whilst filtering. Is blame placed something like 50/50 or has it ever been seen as the drivers fault totally or even the riders?

Any info would be appreciated.

05-06-06, 02:13 PM

A case in 1966 found the motorcylist to be 80% to blame but I think there's been a more recent one where it was the opposite

05-06-06, 02:22 PM

I had one claim go for me and another with the exact same circumstances go against me, only difference (and it's a big one) was witnesses. In the first one someone stopped and back me up the other time they backed them up. Probably doen't help much that.

05-06-06, 02:35 PM

Quote:

Originally Posted by creamerybutter

I had one claim go for me and another with the exact same circumstances go against me, only difference (and it's a big one) was witnesses. In the first one someone stopped and back me up the other time they backed them up. Probably doen't help much that.

Thanks, it does help in that no-one stopped that witnessed it. Which I still find hard to get my head round.

05-06-06, 02:49 PM

I got taken out last year and it came down to this. Wasn't strictly filtering at the time but witness/police problems made it hard to prove what had happened. They offered 50/50, I came back with 75/25 and we settled on 66/33 in my favour. Could have taken it to court, etc. but not worth the hassle of battling and waiting another year or more just for an extra grand or two. Beware people (and insurers especially) will often try and wheel out the filtering thing when a bike is involved even if filtering wasn't happening at the time - got to get witnesses to back you up and even then it's no guarantee - I had one witness saying I was in the middle lane and another saying I was filtering!

05-06-06, 04:56 PM

The law is swinging in favour of the biker these days. I have handled several cases recently where my panel solicitors have won for the biker filtering as the driver has not looked before moving out.
Most people as witnesses seem unreliable as they , like many other motorists, seem to think we bikers are see through.
If however you are overtaking, and in the other lane, then there is an element of risk on your part.

Biker Biggles · 06-06-06, 03:59 PM

Do a search and look for Lynw's definitive post on this.It's got all sorts of legal opinion and precedents in it and is very useful.

northwind · 06-06-06, 04:15 PM

Yup, Lynw's the expert on this...

05-06-06, 01:58 PM	#1
wolverine04uk Guest Posts: n/a	Legal/Insurance type question Has anyone here had any experience of insurance claims if getting hit whilst filtering. Is blame placed something like 50/50 or has it ever been seen as the drivers fault totally or even the riders? Any info would be appreciated.

06-06-06, 03:59 PM	#7
Biker Biggles Member Mega Poster Join Date: Jan 2005 Location: Barnet Herts Posts: 5,071	Do a search and look for Lynw's definitive post on this.It's got all sorts of legal opinion and precedents in it and is very useful. __________________ On a clear day we stand there and look further than the ordinary eye can see.

06-06-06, 04:15 PM	#8
northwind Moderator Mega Poster Join Date: Jan 2004 Location: In the garage where I belong Posts: 17,083	Yup, Lynw's the expert on this... __________________ "We are the angry mob, we read the papers every day We like what we like, we hate what we hate But we're oh so easily swayed"

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Shift work legal type question...	Nick762	Idle Banter	8	02-07-08 10:00 PM
Insurance - Not your normal insurance type post.	G	Bikes - Talk & Issues	8	07-04-08 07:08 PM
Divorce - Legal/experience type question	BoltonSte	Idle Banter	19	09-01-08 04:22 PM
loss of expenses legal type question	Warren	Idle Banter	9	10-05-07 10:34 PM
Legal cover on car insurance yes/no?	SpankyHam	Idle Banter	3	13-10-06 11:20 AM

05-06-06, 02:13 PM	#2
sharriso74 Guest Posts: n/a	A case in 1966 found the motorcylist to be 80% to blame but I think there's been a more recent one where it was the opposite

05-06-06, 02:22 PM	#3
creamerybutter Guest Posts: n/a	I had one claim go for me and another with the exact same circumstances go against me, only difference (and it's a big one) was witnesses. In the first one someone stopped and back me up the other time they backed them up. Probably doen't help much that.

05-06-06, 02:49 PM	#5
SVeeedy Gonzales Guest Posts: n/a	I got taken out last year and it came down to this. Wasn't strictly filtering at the time but witness/police problems made it hard to prove what had happened. They offered 50/50, I came back with 75/25 and we settled on 66/33 in my favour. Could have taken it to court, etc. but not worth the hassle of battling and waiting another year or more just for an extra grand or two. Beware people (and insurers especially) will often try and wheel out the filtering thing when a bike is involved even if filtering wasn't happening at the time - got to get witnesses to back you up and even then it's no guarantee - I had one witness saying I was in the middle lane and another saying I was filtering!

05-06-06, 04:56 PM	#6
bumble Guest Posts: n/a	The law is swinging in favour of the biker these days. I have handled several cases recently where my panel solicitors have won for the biker filtering as the driver has not looked before moving out. Most people as witnesses seem unreliable as they , like many other motorists, seem to think we bikers are see through. If however you are overtaking, and in the other lane, then there is an element of risk on your part.