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Hannahb

Joined:

May 12

Posts: 6

Hannahb says:

Accident whist filtering stationary traffic...is it my fault?

On Monday I was on my way to work only about 5 minutes in to my journey, the traffic was stationary so I was going down the outside

, I have done this nearly every day for the past 18 months without incident, however on said day a man in a van decided to do a VERY rapid right turn just as was along side of him resulting in me being shunted across the road and then on to a spinal board and into the back of an ambulance...thankfully no serious damage to me only ligament and soft
Tissue damage, the bike I'm not sure of yet, what
I want to know is is there a law regarding filtering
, van driver seems to think its my fault despite not indicating and admitting that he never checked his mirrors, any thoughts?

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  • Posted 3 years ago (25 May 2012 16:24)

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stevebaldy

Joined:

Aug 07

Posts: 6162

stevebaldy says:

defo not your

fault per se, he was driving without due care and attention at best, and if he wasn't indicating he has even less of an argument....assume you were taking it steady and not over solid lines..?  Only problem is the law, it is not reknowned for being on the biker's side, hopefully you got some useful witnesses?, and maybe a friendly chat with a plod biker for any advice.. 

[This Reply has been modified by the Author]

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Hannahb

Joined:

May 12

Posts: 6

Hannahb says:

Accident

Was only doing 10mph so no speed involved have a worthy witness, the police however stated that no further action would be taken which says to me that they don't think the driver was at fault.


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chriscg

Joined:

Jan 10

Posts: 264

chriscg says:

The driver

must be at fault.He turned right on you.

 That said,as mentioned above,the law doesnt like motorcyclists,especially filltering ones.

 The poilce prob wont take any action as your not seriously hurt,they will leave it for the insurance companies to sort out.

 Glad your ok,metal we can fix but bodies arnt so easy.

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preunit

Joined:

Dec 10

Posts: 11938

preunit says:

Give Andrew a ring

at  www.bikelawyer.co.uk

MCN bike law guru, he'll help.:smile

 

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R100R

Joined:

Jun 07

Posts: 5241

R100R says:

Not there but

it doesn't sound like your fault to me.  I suspect he's trying to bully his way out of it.  I don't think there's much point calling the police but, as Preunit says, get some advice from the resident bike lawyer.  Your insurance company doesn't always have your best interests at heart and will often settle something as 50/50 because they don't want the complication of pursuing it.

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Hannahb

Joined:

May 12

Posts: 6

Hannahb says:

Thanks guys

Have sent a email to bike lawyer so will see what they say, I was concerned because the reviews I read on the solicitors that my insurance firm set me up with were a bit worrying , however I did not realise that you didn't have to stick with one firm so here's hoping...again thank you for advice:smile


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NORTHERNHELLBOY

Joined:

Feb 10

Posts: 872

davis v shrogin 2006..not to balme

THE LAW WILL ALWAYS REFER TO :COURT CASE POWELL V MOODY 1966   AND THIS INTERESTING ARTICLE : FILTERING......WORTH A READ.

??  "..A FILTERING MOTORCYLIST PASSING STATIONARY TRAFFIC CAN NOT BE TO BLAME" from davis v shrogin, 2006.......blame lies with the other driver

[This Reply has been modified by the Author]

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Hannahb

Joined:

May 12

Posts: 6

Hannahb says:

interesting read

indeed...I have been looking at a few case histories and as said a lot of them come out as 50/50, hopefully this will not be the case for me:smile

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BIKER6F

Joined:

Jun 08

Posts: 573

BIKER6F says:

im on your side bud

don't think it was your fault , but if your hoping for more than a 50/50 settlement, you'll be lucky,

http://www.motorcyclenews.com/MCN/RidingEvents/ridingeventsresults/Riding-skills/2008/June/Getting-back-on-the-road-after-accident/_/R-EPI-100849

i know the result of this case/story, and this came out as a 50/50 settlement, the maximum ever recorded, for someone being injured in a filtering case, is 80/20 in favour of the rider, and there were far more injuries involved, but i wish you luck, and dont settle for the first offer, always push for more ,, claim for everything you can, even if you have to claim for the mess the dead ant made on your leathers :)

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phantomrider

Joined:

Jul 09

Posts: 13

phantomrider says:

Filtering Accident

I had a similar, although far less serious accident.  I was filtering when a mini road sweeper did a U-turn as I approached.  I saw him start to move and tried to turn away - however he hit my exhaust (dented) and top box (cracked).  He didn't stop - so I contacted the City Council and informed them of what one of their subcontractors had done.  I then contacted the company and told them what happened - one of their managers came around, took photos and eventually paid up.

Did the van driver work for a company - might be worth contacting them if so.

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