Help! Is filtering LEGAL?

[Matt Phelps]

Two years ago, on the way home from work, I was knocked off my motorbike. Stupid woman did a U turn in the road in front of me and sent me somasalting off the bike and crashing headfirst into the kerb on the other side of the road. Luckily I was only bruised and the bike was only slightly damaged, but her Audi TT had it's door smashed in

Unfortunately there was only one witness and although he agrees that she pulled out suddenly and without indicating he also says that I was overtaking 'dangerously' and so my insurance company can't use his statement. He says this because he is obviously not a biker and not aware of what filtering is - I was carefully filtering along the right hand side of a stationary line of traffic at around 10mph. She didn't indicate and didn't check her mirror before swinging out to do a U-turn.

Anyway, to cut a long story short, neither insurance company will pay up and so it has to go to court.

My question is, is filtering legal?? I was always told that it was and that as long as it was done sensibly then it was totally legal - just like overtaking. It seems though that my entire case will hinge around whether or not what I was doing is going to be seen as legal or not. I was wondering if anyone else had had a similar situation and how the courts viewed 'filtering' on a motorbike.

For clarification here is a little jpg of where the accident happened. I was riding towards the camera,
https://members.atlasf1.com/swerve/chiswick%20rd%20towards%20junction.jpg

[G]

There was somethin describing the law about filterting in a magazine a while ago, I can't remember the exact details though.
If the cars weren't moving then I think it's considered to be 'passing parked vehicles' and thus not illeagal.

[Rob]

Yes it's perfectly legal as long as you weren't crossing a solid white line.. if someone does a u-turn into you it is their fault because they have to make sure the road is perfectly clear before making that kind of manouvre, if a car hits you doing that it could be taken as driving without due care and attention.. the only time you could be considered to be overtaking wrecklessly is if you are breaking the speed limit or crossing a solid white line or straight into the path of oncoming traffic not leaving them any room to pass.. damn car drivers should look more often..
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Love is 1050cc

[Matt Phelps]

Thanks I'm pleased to hear that. Let's hope the court will see it the same way.

Her statement says that she was actually 'turning right' into some little residential flats but that turning was further back down the road and she had already passed it IMHO. It definitely looks like she was trying to do a u-turn to escape the traffic jam but I can't prove it. I wish people used their bloody mirrors a bit more.

If she can prove that she was actually turning right there then I guess that technically I might be seen to be overtaking past a junction and maybe that isn't allowed? It wasn't a road - more like a little driveway under some flats.

[Korn]

Bad luck, I use that bit of road to get to work and I've lost count of the dumb things the cagers have tried to kill me with. If you can prove she was pulling a u turn you should have the case won, did the witness see where she was trying to turn into?

https://www.multimap.com/bx793/gmp/521/178/X521500Y178500S5000W700H410.jpg

[Matt Phelps]

I don't think the witness did see but my insurance company doesn't seem to want to use the statement because of the negative things he said about my 'dangerous overtaking'. Maybe my solicitor will see things differently and we will be able to use it.

Not sure I can really prove that she was trying to do a U-turn but when she drove off afterwards she went back the way she came - and NOT into the driveway she claimed she was trying to get to. She went back up towards the Kings Road.

One other stupid question - if I lose this court case will I get a CCJ against my name? Or is that only for those that default on debt payments? I'm a bit unclear on what might happen should I loose (apart from having to pay the excess and losing the NCB.)

[G]

CCJ are just for debts etc.

[Korn]

Correct me if I'm wrong but isn't excess just for claims that you make and not that a third party makes against you? You shouldn't have to pay anything.

[Milo]

Filtering is perfectly legal. i was actually trained how to filter during my training. stay below 20mph and don't cross solid white lines and you're fine. but who ever stays below 20!??!

[Annabella]

Filtering IS legal, a whike back RIDE magazine backe a biker who was taken to court over a similar accident. He was filtering through traffic up the inside I think too (so undertaking basically) whilst you were overtaking. They wont he court case easily, so I can't see there being a problem. Write to the magazine and ask them for any information they have on the case, you never know it may help to refer back to it.

[Goose]

its legal

but its always gonna be dodgy, motorrists just dont concentrate like we do, but i tend to assume they are, and it can get my into trouble

i reckon, unless you are in a hurry, just sit there, its less hassle, but its up to you, i barely ever sit in traffic any more, it just does my head in too much

but ive had some close calls filtering

[Kickstart]

Hi

To add my voice, filtering is legal. The worst they can get you for is undertaking (which is driving without due care and attention I think), but that doesnt apply to you. If you tried it past a car opposite a junction a court might take a dim view of it (contributoru negligence), but not just some private drives. Otherwise just make sure you do not cross a solid white line, go the wrong way round a pedestrian refuge or overtake the leading vehicle on the approach to a pedetrian crossing

all the best

Keith

[Matt Phelps]

Well this is all very encouraging stuff to read, thanks guys. My main worry was that what I was doing when filtering wasn't quite legal and that I might get stung for it but from the sounds of things I'm pretty safe in the eyes of the law.

I'll let you know exactly how I get on in court!

[Annabella]

Hey - Good luck. I'm sure I speak for everyone when I say that. Hope it all goes well for you.

[zaknafien]

good luck mate.
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