rta

the_chauffeur

recently had an accident with a motor cyclist. I was turning right from a junction across a busy road. traffic from right stopped to let me out. I stopped at the central line, Van approaching from left flashed to let me out, before i could proceed a motor cyclist who was overtaking the traffic on the right on the wrong side of the road saw the van flash & pulled back in. going in to the side of my car. he is trying to claim that i am liable. insurance company does'nt seem to be doing much, is there any case law on the side of the driver. have had his insurers use both powell Vs moody & Leeson Vs bevis & tolchard. would appreciate any suggestions

ROY47

have had his insurers use both powell Vs moody & Leeson Vs bevis & tolchard. would appreciate any suggestions

What ther he.. does that mean ??

scheming_gypsy

Did you have any witnesses? if not he'll more than likely say you pulled out without checking your mirrors and he hit you.

alistair.long

This depends on how you look at it.

If the motorcyclist is on the wrong lane and was overtaking the vehicles. This is not against the law as overtaking is legal and therefore not wrong, and if you block off his lane, it would techinically be your fault.

If however you were waiting half way in the road and he crashed into you then as long as you waited long enough then the other person is at fault for not noticing you.

If either of the driver are witnesses then liability will be easily sorted

also check http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070314
167 is of intrest - where you shouldn't overtake.

• where traffic is queuing at junctions or road works

Hope this helps

rs65

Have a look at:-


Farley v Buckley

Hillman v Tompkins

Clarke v Whinchurch

InsideInsurance

Powell -v- Moody was the classic case for these circumstances with an 80:20 settlement against the motorcyclist. Most of the other cases people are quoting I havent heard of but looking online at them they dont seem as appropriate.

http://www.digbybrown.co.uk/digbybrown/opencms/db/mld/overtaking.html has a range of circs and settlements but Powell -v- Moody still seems closest