Accident- fault in dispute
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Simple answer. Yes. But motorcyclists are well within their right to filter past stationary traffic. Perfectly legal.
It could also had been avoided if the car driver had also chosen to wait in line. Where she was when she pulled out was not with the high way code. Or even just checking her mirrors and blind spot would have avoided it.
But neither is overtaking on the approach to a junction (Rule 167).0 -
Filtering (i.e. making use of unused road space to pass slow or stationary traffic) is entirely legal in the UK, according to the Highway Code and Police. Done sensibly, it's a great way to reduce congestion, for both rider and all the other road users. The rider who isn't in front of you in your queue isn't in your way.Could this have been avoided if he simply waited in line in the queue or is there something else I'm not getting?If someone is nice to you but rude to the waiter, they are not a nice person.0 -
Car 54. That!!!8217;s true. But checking mirrors and blind spot before moving off or changing direction (including looking for motorcycles) is included in many of the Highway Code rules. She simple did not do that. Had she done so she would not have moved her vehicle as she would have seen my husband.
But I!!!8217;m calling time on the discussion as to who is, is not, at fault as none of us are qualified (as far as I am aware) to make such judgement.
I!!!8217;m going to draw us back to the original post, if any one out their has similar experience of having a desputed claim, I would be really interested to find out about the process, timescales and whether you were able to move insurers (if needed).
Many thanks.0 -
Car 54. That!!!8217;s true. But checking mirrors and blind spot before moving off or changing direction (including looking for motorcycles) is included in many of the Highway Code rules. She simple did not do that. Had she done so she would not have moved her vehicle as she would have seen my husband.
But I!!!8217;m calling time on the discussion as to who is, is not, at fault as none of us are qualified (as far as I am aware) to make such judgement.
Clearly both are at fault.
So far as "calling time is concerned, isn't that the moderators' job? And anyway, if discussion was limited to qualified people the forum (and indeed the internet) would be a very quiet place.
But the best answer to your original question is in post #16, from a qualified person dacouch.0 -
But neither is overtaking on the approach to a junction (Rule 167).
Filtering is not the same as overtaking.Clearly both are at fault.
If it had been a car travelling down a right hand feed lane and a car in the left lane decided to change their lane without warning and sideswiped them who would be at fault then?0 -
RichardD1970 wrote: »Filtering is not the same as overtaking.
If it had been a car travelling down a right hand feed lane and a car in the left lane decided to change their lane without warning and sideswiped them who would be at fault then?
1. AIUI filtering is usually used to describe moving between lanes of traffic moving in the same direction, not moving down the outside of these lanes. In any event, both are overtaking (passing slower moving or stationary traffic).
2. If they were approaching a junction, both at fault.0 -
1. AIUI filtering is usually used to describe moving between lanes of traffic moving in the same direction, not moving down the outside of these lanes. In any event, both are overtaking (passing slower moving or stationary traffic).
2. If they were approaching a junction, both at fault.
1.AFAIA, there is no distinction between filtering between two lanes of traffic moving in the same direction or filtering on the right of stationary/slow moving lane and the opposite lane.
Happy to be corrected, but that is what I learned in my motorcycling lessons and told you can be penalised on a test for failing to filter if the opportunity presents itself.
2. So, if there are two lanes of traffic, one a left and straight on and one a right turn only. The left lane is stationary and you're moving slowly down the right lane for the right hand feed and a car randomly pulls out of the left hand lane into the right, and hits you in the side, you are equally at fault?0 -
RichardD1970 wrote: »2. So, if there are two lanes of traffic, one a left and straight on and one a right turn only. The left lane is stationary and you're moving slowly down the right lane for the right hand feed and a car randomly pulls out of the left hand lane into the right, and hits you in the side, you are equally at fault?
No, but AIUI there's no suggestion that was the OP's OH's situation. He wasn't in a reserved lane for an RH turn, but outside the RH lane.0 -
No, but AIUI there's no suggestion that was the OP's OH's situation. He wasn't in a reserved lane for an RH turn, but outside the RH lane.
AIUI the situation is the same. OP's husband is legally passing a stationary/slow moving queue of traffic, car pulls out with no warning and hits him in the side.
The fact he is on a motor bike and filtering is irrelevant.
His insurance, who will have ALL the evidence, agree.0 -
RichardD1970 wrote: »AIUI the situation is the same. OP's husband is legally passing a stationary/slow moving queue of traffic, car pulls out with no warning and hits him in the side.
The fact he is on a motor bike and filtering is irrelevant.
His insurance, who will have ALL the evidence, agree.
However the third party doesn’t agree, no doubt they see it is the motorcycle overtook a vehicle turning right.0
This discussion has been closed.
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