Filtering Accident :(

[jackelliott07]

Hi all!

Hoping for some advice, got into an accident on the way home today (no paint diagrams or pictures im afraid)

Filtering up the M56 and some woman decides she wanted to change lanes, i was doing maybe 15-25mph max, she starts to change lanes so my handle bars hit her car and i (somehow, still dont know how) managed to keep it upright

Very very little damage to my bike (slightly scratched bar end, that's all) however to her car the same couldn't be said, huge dent/scratch in the side of her 11 plate megane and a black mark where my mirror rubbed.

Pulled over and so did a witness, who at first claimed it was my fault etc and that i was overtaking on the inside (am i supposed to filter against the guardrail? i think not!) and so on, and then when she pulled over she basically admitted liability and not using her mirrors, all apologetic etc.

The guy (witness) then changed his tone and basically said to her well she should have used her mirrors and its her fault and gave us both his contact details.

I've since spoken to her and she's now claiming its my fault and that i came out of nowhere (probably on 1 wheel doing 180mph im sure)

And after that i spoke to my witness who basically said all he saw was me travelling at maybe 20-30mph if that inbetween the 2 lanes which he doesn't know the legalities of (fair enough, a lot of people don't) and that she tried to change lanes to better her position with no warning and for no reason, which sounds to me like its very much in my favour. He also mentioned he spoke to her and told her the exact same thing

Where would you all think i'd stand when it comes to insurance on this? The witness story seems to go in my favour quite a lot (although the speed of 20-30mph might do me a bit of damage as i know they tend to frown on anything over 15mph, although i'm not sure exactly what speed i was doign i recon 15-20mph was more realistic although i couldn't be sure.)

Such a pain as i've only had my license about 5 months (rode on a cbt for 1 year before) and have a restricted thundercat at the moment.

There is absolutely naff all damage to my bike and i would of been happy to of just forgot about it, even though my arm is hurting (does this class as personal injury? I'm not normally into all that but my arm is actually hurting, and since she's changed her tone and decided to be a grade a cunt)

I've probably missed something out but i'm sure i'll remember later!

Cheers!

Jack

[anthony_r6]

I'm in a similar situation myself. I have an independent witness that says they saw the driver pull out of the lane without indicating or checking for bikes, so we're hoping all liability goes on her (though I hit 3 cars total). I guess each situation is different, and it'll depend on which way you're witness sways, but could be looking at both being in the wrong (though filtering is not illegal.)
____________________
Ted : "Maybe he's agoraphobic."
Dougal : "Jack scared of fighting? I don't think so, Ted."

[jackelliott07]

Crikey, sounds like yours was a bit worse than mine! No idea how i kept it upright and didn't hit anything else whilst inbetween cars! Yes the witness seemed definitely in my side but even if it does go 100/0 in my favour it will still increase my premiums which irritates me!

[arry]

[cdlxxvi]

[Knightsy]

[felicity]

Filtering at 25mph is not that fast. IAM recommend filtering no more than 20mph faster than traffic, and not if traffic is moving faster than 20mph, which means a maximum of 40mph -- you were well within that.
____________________
sickpup: A phone with an emergency potato would be good for survival purposes

[felicity]

[Benno]

Damn.

Talk up the arm injury a bit to try and scare her into settling (AKA fucking off).

Buying an expensive GoPro is seeming more and more sensible to me...ok and NOT having full beam on
____________________
I'm autistic. That means I'm smarter than you.

[janner_10]

I wouldn't talk any injury up, get it checked out and let the doctors make their report, if it hurts for a day or 2 then nothing afterwards, no harm.

Worst thing you can do is get found out making things up. Report everything accurately and clearly and leave it up to insurance to determine liability. Also I wouldn't enter into any more discussions with the other party or witness.

After my SMIDSY, I found a decent motorbike solicitors, gave them all the info I gave to my insurance and the bloke said, 'yep fine, I can see you aren't at fault, let me get on with it.

HTH

EDIT: Just seen the full beam thing - Utterly wank idea - don't follow that advice.
____________________
Yamaha FZS600 (Now gone to heaven) > CBR600F4i (SOLD) > '99 YZF-R1

[mr jamez]

[gaffa]

There are quite a few factors in your favour,

Your speed, must have been going slow enough to keep it upright. A witness perception of speed does not carry much weight at all.
Filtering is fine as long as you are going a sensible speed.

If you are going down the injury route however, you will need to report it to the police at the earliest oppertunity within 24 hours. (This ideally should be done straight away).

Did the female signal at all?
____________________
MOD 1 passed 30/07/12, MOD 2 passed 13/08/12. Current bike: 2008 Kawasaki ER6f

[Rogerborg]

[scorps]

on a positive note, nice to see a driver who considered themselves nice and untouchable end up worse off, now maybe she will check her mirrors. Glad you are okay and hope your witness does indeed back you up.
____________________
Do not presume that I am male.

[Pie-Roe]

Get onto your insurance and do not contact the third party at all yourself anymore.

I reckon youll end up fighting it for ages. It goes down as a fault claim until its sorted, which is a pain.

Your speed isnt too bad. impartial witness is always helpful. In regards to filtering, I thought in.between the two furthest right lanes was the norm. Dont forget about the 4 or 5 other bikes that were also filtering ahead of you that shows she should have been aware of it in the conditions
____________________
Previous: GSF600, FZR600 x2, ZXR750, XT600 Tenere, CB125, CZ125, ETZ 250, ER5, CCM R30, DRZ400, RF600x4, RF900x2, GS500, VTR1000F, 640 SMC, CB250 NIGHTHAWK, GT550x3, GPX750 TE610, CB500, X11x2, SV650, ZING 125, TL1000R,CB250 Superdream, CBR1100XX

[daemonoid]

[Rogerborg]

[Llama-Farmer]

Sorry to hear that, sounds like you've got a good case and hopefully it won't drag out too long.
If independent witness confirms that the driver admitted not checking her mirrors should be a fairly open and shut case I'd imagine.

Just make sure your insurance company are aware you are not prepared to accept any liability, and reference the above points in the highway code, the case law and what the driver did and admitted to.



Also, if your arm badly hurts, get it checked out. If it just aches, wait a few days. But please please please don't be one of those leeching bastards to claims thousands for nothing.
One of my colleagues ran into the back of a people carrier which set off then stopped when going onto an empty roundabout, and their insurance paid out over £20k in whiplash claims, quite an achievement in blagging and bullshitting considering there was virtually no damage to either car

[anthony_r6]

[U_W v2.0]

dont know if its been said,

but she was probably advised by someone not to admit liability and is saying about coming from no where and the speed to try and "back up her defence".

i honestly wouldnt worry, IF it was to go as far as court theres enough stuff around on the internet to show filtering is legal.

also IMO if your travelling in the left lane of a dual, moving across to filter on the right side of the right lane is potentially more dangerous as your cross an entire lane moving OUT of the left to filter then back across again to move IN when your finished filtering. this would cause you to look behind you on the left and right twice taking your eyes off the slow moving traffic infront of you where people are prone to slam on thier brakes alot more than in high flow traffic.

if it was to go to court, have that explained if the filtering on the right of the left lane comes into question. they'll most likely go "oh well thats true"

course i could be wrong so if someone more experienced can confirm my train of thought on that?
____________________
BCF's biggest cunt list: Cansa, Pits, Rob

[MarJay]

If the witness says what he said to you, it will be her fault I think.

However.. why the hey-ull were you filtering past a gap in traffic? Of-flipping-course a car is going to try to pull into it. Thats what cars do! Jeez.

Right, rant over. Its not your fault.
____________________
British beauty: Triumph Street Triple R; Loony stroker: KR1S; Track fun: GSXR750 L1; Commuter Missile: GSX-S1000F
Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another.

[Frog]

[Alpha-9]

[Hyaon]

I like the way it's got a Tron effect on the biker.

https://www.goodwp.com/large/201104/17512.jpg
____________________
Mod2 Passed 30/03/2011!
CBF125>GSF650 Bandit K8>B-King 2008+R1 2002

[map]