Motorcycle Filtering Accident

redsclubbedup

Basically was involved in an accident whilst filtering - despite it being my right of way / the car driver pulling out into my path, the insurance company originally tried to pin it 80:20 on me (due to an old case for 1966) - this case was obvioulsy heard well before filtering was officially recognised in 2007 and entered into the higway code

I was going to take this to court, to try and get it at least 80:20 in my favour, but the witness to the accident has not responded to the insurance companies

what i really need to know, is if i take the hit and settle 50:50 - am I liable for my full excess - or just half of it ?

Thanks

Ian

Dave101t

your a biker, dont settle, we all know the filtering rules.

Locknut

https://www.whitedalton.co.uk i have no affiliation with them appart form great service that I recived when i had my bike crash. They are bikers too and all they deal with is bike claims.

A_Doonhamer

Dave101t wrote: »

your a biker, dont settle, we all know the filtering rules.

As a non-biker what are the filtering rules just out of interest?

dacouch

Officer_Dibble wrote: »

If your insurace settle 50/50 each pays their own repair so sorry you'll pay your full excess.

This is wrong, you're getting confused with the now defunk "knock for knock"

Wig

So what were you doing exactly?

C_Mababejive

Not commenting directly on the OPs situation as ive just read up on the case law, but i have a full MC licence and have had it for almost 30 years. I have never had an accident. My view on filtering is that i am largely content to wait in the traffic stream though on occasion,i will filter but only with the utmost care and attention. Filtering is all the more perilous when other conditions exist i.e poor light/darkness/poor weather/visibility.

Could a reasonable person( the man on the Clapham omnibus !) be expected to take note of all filtering motorcycles?

Yes,,if he planned to do a U turn...but a vehicle pulling across out of a junction with his view obstructed? Objective/subjective,depends on individual circumstance surely?

I always take the view that someone WILL pull out and make plans to escape and only diminish such plans when it is overwhelmingly clear that they will not.

mikey72

If you are filtering, that must mean the cars on the same road as you were queued, either slow moving or stopped normally. Did the car you were filtering past then let the other vechicle from a side road?

redsclubbedup

yes mikey that is correct - the police tok statements, and said that they wouldnt be progressing further against me, as it was my right of way, so i was not at fault / the casue of teh accident

kwaks

Typical insurance cantbearseditus. Tell them you will settle, but only for 100% no fault.

DaveMacD

Point out that the other driver broke the RTA by failing to give way properly at the junction. As a result, they are the responsible party. No other outcome is acceptable.