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YAMAHA Insurance claim help with motorcycle filtering accident R1

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CCR1

Joined:

Dec 08

Posts: 1

CCR1 says:

Insurance claim help with motorcycle filtering accident

I was riding my less then 3 week old R1 (brand new) home from work about a week ago. Get a motorcycle insurance quote It was about 7.45pm, the road was damp in places but it wasn't raining. The road is a single carriageway (one lane in either direction) that is particularly suitable for filtering as it is over two car widths...

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  • Posted 6 years ago (23 December 2008 11:39)

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parapanfan

Joined:

Apr 06

Posts: 2673

parapanfan says:

ACIC will be able to advise you on this.

I'm having a problem understanding anyone buying a brand new bike and only insuring TpFT!

Still, a bit late now.

I hope you are able to resolve this to your satisfaction.

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spondonste

Joined:

Aug 02

Posts: 2769

spondonste says:

Hope this helps

UK law works on the TORT principal. That means that cases with similar circumstances need to have similar assessments of blame and culpability. Rightly or wrongly if you have an accident when filtering TORT law has largely been previously set that you will be held partially accountable for any accident. The only real unknown is the degree of culpability that will be levelled against an individual.

 

I have been invovled in similar situation many years ago and thought it unfair but thats how the law stands.

 

You can try with a bike specific solicitor but they'll only really be able to vary the amount of blame thats proportioned to you. Try these:-

 

http://www.whitedaltonsolicitors.co.uk/

[This Reply has been modified by the Author]

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ACIC

Joined:

Apr 06

Posts: 367

ACIC says:

Filtering Accident

Dear CCR1, sorry to hear about this. You don't say what the relevant speed limit was but I am assuming it was 30mph. We have a situation where you say you did not see her indicating and she says she definitely was indicating. The police report may have details of other witnesses which could assist. Whilst filtering is of course legal I fear that if the speed limit was 30mph and you were filtering at 25mph, a court is likely to attribute some of the blame to you. Her credibility as to whether or not she indicated (or witness evidence confirming either way) will be important. In the circumstances I can see why the insurer is managing your expectations by telling you the likely outcome is a 50/50 result. It may not be and the case deserves full investigation (at least by reference to the police report and paramedic sheet which may also contain comments made/details of accident circumstances). It may well be the case that after full investigation 50/50 is the likely result. Had you been doing 10 to 15 mph things would look rosier, and if you could show she was not indicating, rosier still. Good luck with your recovery.

Regards, Andrew Campbell

Head of Motorcycle Claims, New Law Solicitors

www.bikelawyer.co.uk

[This Reply has been modified by the Author]

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R100R

Joined:

Jun 07

Posts: 5241

R100R says:

Sorry

I'm making an assumption here, but TPF&T on a new R1 suggests a newish rider to me?:unsure:

[This Reply has been modified by the Author]

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parapanfan

Joined:

Apr 06

Posts: 2673

parapanfan says:

Newish rider?

What's his religion got to do with it - perhaps he was just being 'careful'?

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TerryZXR

Joined:

Apr 09

Posts: 1

TerryZXR says:

Filtering accident

Google Davis vs Shrogin 2006 landmark case whereby motorcyclist won a filtering case

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Ginnelli

Joined:

Mar 07

Posts: 272

Ginnelli says:

Filtering Accident

Hi CCR1. If you are travelling to and from work you are coverde by your union if you have one. Contact your union rep at work and get him to contact the union direct. In 1983 i got hit by a car on my way home from work, bike bounced off his car and i hit another car. Thrown over the handle bars accross his bonnet and down the pavement. Nine weeks off work, broken wrist, bike written off. The union appointed me a solicitor, took the case to court, claimed loss of wages personal injuries, new clothes, compo for scars etc. Naver cost me a penny. And the only way i found out i was covered was by my neighbour. Hope this route may help you.

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