Motorcycle Filtering Accident

Kavanne

I swear I have seen a typed letter to send to your insurance co if something like this happens when filtering but I can't find it

EDIT: Here it is:

http://londonbikers.com/forums/Topic169466-58-1.aspx?Highlight=filtering+letter

pedantic

C_Mababejive wrote: »

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.

So nice to read of a motorcyclist who speaks commonsense,I am an exmotorcyclist or should that be somebody who would love to ride again but because of circumstances won't.Anyway I agree with you ,I always rode with the knowledge/thought that somebody would or could pull out in front of me,rather than think just because I have right of way everything would be alright.I think it is called commonsense.

Kavanne

I've edited my post with a link to the letter. That person's insurance had offered 50/50 but ended up in their favour entirely.

System

Circumstances are different though

DaveMacD

Slightly different circumstance in that letter as from the OP's circumstances. Is a good letter though.

Wig

I note the OP has still not explained EXACTLY what did happen. Until then no one can really attempt offer any advice.

Rolandtheroadie

His OP was asking will he have to pay his excess for 50/50 which (I think) is yes. IF he accepts 50/50.
Imagine the scene. There is a queue of traffic. Biker comes up to the rear of it. He is able to make progress past the queue by slowly going up the right hand side of the cars. (cyclists would go up the inside normally, thats why they're more at risk).
At some point, theres a junction. The car in the queue at this point either wrongly suggests to a car exiting from the junction that it's ok to do so, or he's left the junction clear (as a good driver would).
The car exits the junction and assumes he only has to give way to the car he sees. Nope, fraid not. What if it had been a paramedic? fire engine? police car? coming up the outside?
Basically, someone joining a road must make sure it's safe to do so.

System

And conversely, somebody overtaking (this is really what 'filtering' is regardless of the fancy name) also has a duty to ensure that he/she does it safely. He/She should have be aware of junctions and the possibility that somebody may pull out. A gap in a static or slow moving line of traffic maybe giving some sort of clue and extra care needs to be taken?

Using the term 'filtering' does not absolve the rider from accepting some of the blame for overtaking in a less than perfect situation and not taking sufficient care

DaveMacD

Accepting some of the blame, maybe. But not 50/50. If the emerging vehicle failed to Give Way, or failed to Stop, (and the fact they have pulled out and hit someone suggest they haven't) then they have committed an offence. The emerging vehicle would appear to have broken more of the HC rules, as well as breaking a part of road traffic law.

System

If I was the car driver then I would be fighting for 50/50. The bike rider is also carrying out a manoeuvre as potentially dangerous as the car driver. The fact that the police have taken no action against the car driver in this situation is very telling, and based on this, the insurance company seems, quite rightly, to take the view that both motorists were equally to blame.
We do not have the full facts. Do bikers consider 'filtering' is still allowable if a double white line is crossed? Is that why they use the word filtering instead of overtaking to pretend that they are not breaking the law? My empirical evidence seems to indicate this.

BTW the highway code is GUIDANCE apart from the areas where MUST is used. In these situations they are referring to existing legislation e.g. RTA, Construction & Use etc.