Right I need some help from you guys please.
On my way to work this morning, I was filtering down a line of traffic and someone pulled out and hit me, now the bike is Ok and I'm not hurt, but I'd like to know where I stand as I was not going to make a claim although the lady who pulled out seems to think I'm at fault, and wants to make a claim.
Any advice?
Quote from: captain sensible on March 10, 2014, 12:45:33 PM
Right I need some help from you guys please.
On my way to work this morning, I was filtering down a line of traffic and someone pulled out and hit me, now the bike is Ok and I'm not hurt, but I'd like to know where I stand as I was not going to make a claim although the lady who pulled out seems to think I'm at fault, and wants to make a claim.
Any advice?
I am by no means expert but I'd say your safest bet is to make a counter claim and give yourself the best chance of being found not at fault (I'd guess your insurance company would be more willing to resource it if they had a chance of not paying the bill?). I hate the idea of claiming for claiming's sake but you don't want to roll over if she's coming at you for a claim?
If you were riding sensibly it seems the tide has very much turned in the favour of bikers hit whilst filtering? Any witnesses to back up you were riding safely?
Good luck with whatever you decide, sorry to hear about the accident!
pm TC he knows all the latest case law.
If a claim is being made against you then you have no option other than to inform your Insurance...give them the details of the collision...witnesses if any...then the process will begin...no amount of speculation on here will serve any purpose...It will turn out a percentage game...50/50...70/30 her....70/30 you...it's now a game between the two insurance companies.
Pulled out of a side turning ?
Quote from: ash on March 10, 2014, 02:07:19 PM
Pulled out of a side turning ?
Could be on rocky ground if it was - filtering at junctions and all that.
She was pulling out of a line of traffic to park on the other side of the road.
I'll be contacting my insurance company when I get home, just seems a bit of a bugger when it's so close to the mad March run.
Quote from: Dom1 on March 10, 2014, 01:10:28 PM
pm TC he knows all the latest case law.
The boys right
Have you got any details of any witnesses??? Any damage to the bike and any injury to you? Tell your insurance company that you are advising them for information only and that you will be taking advice on the next step.
The minute you speak to your insurance it will go on record...and despite the outcome they will do their utmost to hold it against you for future premiums.
In 99% of filtering cases, providing you were not filtering close to or approaching a junction on your right, and providing you were not straddling a solid centre white line, filtering between 2 no overtaking signs or in a situation where your filtering was likely to "CAUSE" other drivers or road users to alter course or speed, then you should be OK.
Even in cases where a rider was filtering close to a junction on their right, the driver turning still has a statutory duty of care to ensure that it is safe to do so before they commence their manoeuvre.
If as you say the driver pulled out of a line of traffic to park on the opposite side of the road, then that tends to support the theory that there were no junctions or turnings in close proximity, and so the issue of liability falls squarely on her shoulders.
Similar situation to mine...other driver accepted fault...later declined...later took liability...insurance paid out...but what a fight I had with "a no fault claim"...endless fight to get full no claims reinstated...that's the part you need to be prepared for.