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Mimmo1

Joined:

Mar 06

Posts: 11

Mimmo1 says:

Very slow speed filtering resulted in a small accident

Traveling in a very large road in town at 25 or 30 mph in traffic my progress was halted by a lorry stopped and several cars waiting as the lorry was stopped with is back along side a traffic island so no one could pass.

I was filtering at very slow speed 5 mph when along side a mercedes, and just 5 Mt. from the island and well on the left of the white line in the middle of the road,  the driver without looking it just put his indicator on and turn in front of me to go in a parking space on the opposite side of the road (on the right hand side) a small collision was the result but I did not fell of my bike, a scrape on the paint and a small dent in the car door  was visible.
The driver parked his car and walked away I had to run after him and try to make sense of the crap coming out of his mouth .
now his insurance is offering 70 -30 in his favour where do i stand with the law My bike need £400 paint work 
( BMW K 1200 RS ) and £150 excess :mad: Love to all Mimmo

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  • Posted 6 years ago (26 April 2009 20:18)

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ecnal

Joined:

Apr 09

Posts: 58

ecnal says:

Accident

Sorry to hear about this Mimmo, Unfortuneatly it seems that most filtering collisions result in this decision. If you have legal cover with your insurance you find out if they will fight it on your behalf.. Don't roll over and accept it first off try and fight it:biggrin:

Good luck

 

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ACIC

Joined:

Apr 06

Posts: 366

ACIC says:

Filtering accident

The low speed at which you were filtering is to yopur advantage. The Mercedes driver clearly did not look in his mirror otherwise he would have seen you. It is my view that primary liability (responsibility for the accident) will rest with him. There may be some blame on your part and this is likely to depend on witness evidence as to what happened. Regards, Andrew Campbell, www.bikelawyer.co.uk

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tinktonk

Joined:

Jan 09

Posts: 61

tinktonk says:

Stopped?

Did he stop at all, other than parking? i.e. did he cause an accident & then try to walk off without doing the 'swapping details' thing? (I'm not sure from your wording!). If that's the case, then as well as driving 'without due care & attention' & not stopping after an accident, he was trying to avoid going to his insurers as he knew that it was his fault... I'd have thought that your insurers may be interested in that?

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Elwell4346

Joined:

Mar 10

Posts: 8

Elwell4346 says:

Slight RTC

Hi there ,its an offence to stop for a road traffic accident causing damage or injury .He should have stopped and given his details.Walking away from an accident which he clearly heard and saw wouldnt help him.Driving with undue care would be considered in this case .thanks PC ELWELL.

 

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ACIC

Joined:

Apr 06

Posts: 366

ACIC says:

Filtering accident

Insurers often try and pull a fast one by offering 70/30 in the other person's favour based on a Scottish case called Joliffe -v- Hay. That case is irrelevant because it is Scottish and we have a different legal jurisdiction. Your lawyers/insurers should point this out. Regards, Andrew Campbell, Solicitor. www.bikelawyer.co.uk

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