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skullydude

Joined:

Nov 07

Posts: 50

skullydude says:

filtering accident

hi there.on oct 14.i was on my way home from work on my drz400..there was a long line of stationry traffic towards a t-junction..i was filtering through said traffic at low speed..there was a parked car on our side of the road and a junction opposite car..about 600 hundred yards from t-junction..the road is about 3 1/2 car widths wide..the traffic going in my direction was still stationry at this time..just as i got to junction on my right ..a car accelerated out of stationry line as if to go up the junction knocking me off bike.now his insurance want me to taks 50% blame...help

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  • Posted 3 years ago (18 February 2012 09:47)

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smoto5

Joined:

Mar 09

Posts: 4548

smoto5 says:

His fault,

entirely, lack of observation, he can't just swing out of a line of traffic without checking for passing vehicles/bicycles, and it could just as well have been a car or van or lorry passing the traffic to get to the junction, and not your bike, if a  driver was in a hurry and assessed that he could do it before any oncoming traffic arrived. So if your insurers/their appointed solicitors are not fighting that claim, then you need to tell them to, or get in touch with one of the specialist motorcycling law firms such as ACIC who posts on here, or another who advertises in the magazines, you atre not obliged to go with the insurance companies appointed legal firm, although you may have paid for it in your policy costs.  Good luck, from what you say, you seem to have good case, depending on your actions. :smile

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MarcusMarsh

Joined:

Aug 09

Posts: 2716

MarcusMarsh says:

Filtering Accident

You need to be speaking to ACIC, the legal expert.  He'll advise you accordingly. 

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Cyclonite

Joined:

Oct 10

Posts: 306

Cyclonite says:

percentages.

After recent court cases these kind of claims are usually dealt with at 80% car drivers fault and 20% motorcyclists fault IF filtering safely.

But fair play mate you shouldn't be filtering when the cars are going to overtake parked cars and near a junction. poor observation and planning, I'd say 50% is a decent outcome because you were both breaking the law.

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skullydude

Joined:

Nov 07

Posts: 50

skullydude says:

filtering accident

should of said....the taxi driver moved his car after the accident ,he was clearly turning right by the position of his car .but he told police he was going straight on.the ambulance driver told policeman he had moved his vehicle....if he had of indicated i would of seen him and stopped ...but he accelerated out of line of stationry traffic,,trying to beat in my opinion on coming traffic...the paked car was a couple of cars in front of him

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smoto5

Joined:

Mar 09

Posts: 4548

smoto5 says:

In that case, get all the witness statements or addresses

you can and then definitely put the information in front of legal representation like ACIC, taxi drivers will always make out they're professional drivers when in reality there's plenty out there shouldn't be trusted with a bicycle :huh: 

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Cyclonite

Joined:

Oct 10

Posts: 306

Cyclonite says:

In that case...

...Push the whole "lying to the police" next time his insurance company contact you?

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ACIC

Joined:

Apr 06

Posts: 367

ACIC says:

Filtering Accident

Without seeing the file it is difficult to advise appropriately although my gut feeling on this is that a 75/25 settlement is likely - filtering is perfectly legal although I suspect that a court may make a reduction for filtering on the approach to a junction. Obviously the financial difference this makes will depend on the severity of the injuries sustained. Kind regards, Andrew Campbell, Solicitor, BikeLawyer Motorcycle Accident Solicitors. MCN Legal Expert and MCN Law columnist. andrew@bikelawyer.co.uk www.bikelawyer.co.uk     

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philehidiot

Joined:

Feb 09

Posts: 4759

philehidiot says:

600 yards

Long enough distance to not mention it? EDIT - just realised you meant the one next to the parked car.


You're always on the approach to a hazard of some kind but 600 yards is some way back from it.

I was knocked off in a similar fashion closer to the junction and it was 100% his fault. The way to prove this is the damage to the car. EDIT - yeh the junction and parked car so probs not 100%. He still didn't look but ideally you should have held back at this point. I know most of us wouldn't but still.

There could be ANYONE there, including emergency vehicles. He did not look. Tell the police you would like to know if he is getting prosecuted for driving without due care and attention and that you would like them to look into this given the witness statements and also question the validity of his statement. He get charged then there should be no question as to the fault.

I would mention the junction was "some distance away" and that's it. Shift your representation to someone who will fight the 50/50 and be prepared to go to court. They'll often back down once court papers are signed as they know they'll lose a lot of money. Do you have legal insurance? It took me 18 months to prove the guy was lying when it happened to me.

Remember to account for every bit of kit that was damaged and needed replacing - I had to get a new helmet and that was out of his insurance. Don't hold back as, for example, waterproofing may have gone as the seams were stretched inside your jacket so check it's still waterproof and so on.

Things you need are a full repair report for your bike - a quote to repair all the damage to as new condition and you want a damage / repair report for his car. This could be essential in proving exactly how the impact happened if he comes out with shit like "he ran into the back of me".

Additionally, take him to town - if you're injured you want to be assessed by a doctor and it documented. I have no time for these people and the higher the claim, the higher his insurance will be and the more he'll remember to use his mirrors.

Edit: Additionally, aside from him potentially lying to the police (perverting the course of justice??), if he's lied to his insurance company that may be fraud as well. Depending on the level of twatitude encountered, you may wish to ask plod about this as well.

EDIT Edit: just realised about the junction opposite the parked car. Duh.

[This Reply has been modified by the Author]

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Cyclonite

Joined:

Oct 10

Posts: 306

Cyclonite says:

or...

Get a helmet cam!

I'm getting one soon and I'd recomend that everyone that filters regularly to get one.

You could tell you insurance company to call him and say your tank mounted camera recorded and ask if he'd like to make a new statement of the incident?

not sure if its legal though

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