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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.

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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 wide (the widest single carriageway I've ridden on). I had already filtered past about 20 vehicles, I was doing about 25mph. I was also slowing as I was approaching a zebra crossing about 100m ahead.

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A woman driver about two cars ahead (travelling in the same direction as me) then turned right at the last minute to go for a parking space on the opposite side of the road, her daughter (front seat passenger) needed some painkillers for her migrane. I've listened to and read lots of comments from riders where they describe there was nothing they could do - I now understand what this means. In a fraction of a second your brain analyses the situation and tells you that it's game over.

I tried to avoid her but the bike hit the side of her car and the front wheel went under it as I was knocked off sideways. I skidded into a parked car and put some big dents into the rear of it before I bounced out into oncoming traffic. Obviously there was none coming from that direction otherwise she wouldn't have turned right across my path and wiped me out - however, she did tell me that she was indicating, so that makes it ok - I didn't see the indicator, or brake lights - it was a last minute decision to turn for a parking space opposite the chemist, but no witnesses came forward to assist.

I went to hospital on a spinal board, for those of you that don't know, when you get there a thorough spinal examination involves one of the Doctors putting his finger up your bottom (cold gel assisted) and you having to clench upon it using your anal muscles - the ambulance guy told me this was going to happen but I thought he was taking the pee. He kept me in good spirits throughout the journey and even got me out of my leathers and thermals - otherwise they would have been cut off at the hospital.

A week on and I'm just a little bit siff, lower back R side, R shoulder and neck. I owe a lot to the kit I was wearing - full set of BERIK racing leathers with titanium plates in the shoulder and forearm (hardly damaged - remarkable). BERIK racing gloves - again titanium plates that were slightly worn on my R hand. SIDI Corsa boots, R boot slightly scratched. AGV GP TECH lid - not damaged - I don't know how but I'm thankful as it's £400 worth for a new one.

I should state that I'm not women driver bashing, I hate to admit it but they are normally safer than us lot. It was an accident, but one that could have been avoided if she'd mirrored/signalled/manouvered.

I need advice on where I stand and my best course of action - I'm 3rd party F&T. The cost of full repairs to my R1 is just under £4000. My insurers are telling me 50/50 at best, and I don't think they are going to fight too hard for me as my bike is by far more expensive to fix than the other two vehicles involved (the one my bike hit and the one I slid into).

I'm a first time reader and user on this site so PLEASE HELP!!! PS - I don't want any replies from people who are going to tell me filtering is dangerous at any speed or on any road - you lot (of which there appears to be a substantial amount on these type of forums) should join the real world or confine yourselves to driving a car - FILTERING IS LEGAL if done safely.

RS10 C10 SP10




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