Bit of advice after an off please:

[Mark_F]

Ok, had an off today while just starting to filter on the approach to queueing traffic. Cars in front of me were slowing, 2 oncoming lanes were free of any traffic whatsoever, nothing immediately unusual from the car in front (ie no indications or anything), I did all the usual checks (mirror, lifesaver, etc), double checked everything in front then pulled out and accelerated a bit (to somewhere in the region of 15MPH, wasn't in a rush) and drew alongside the car that had been in front of me, at which point he turned straight into me (putting indicator on whilst turning) leaving me about 3 ft to stop in (I ended up making contact with his right rear wheelarch while I was up on the front wheel, then went headfirst into the road while my bike continued it's little somersault (back of the bike hitting the rear of the car which had stopped PDQ), then coming down on my left foot).

I'm TPFaT insurance wise so would need to organise claiming the cost of parts back etc (I don't have legal protection on my bike policy but do on my car policy IF I can use that), and am suspicious as to who my insurance are considering referring me to (advice here please if anyone knows a good company).

Bike isn't too bad considering (08 FZ6), I need a headlight lens, left footpeg, side and centrestand and rear panel (that wraps around the seat). A charming young fella stopped and helped me get my bike back where I can lock it up (I can't remember the name ATM, but if you visit this site you'll know who you are and have my deepest thanks).

The car driver doesn't want to accept the blame for sideswiping me off the bike with no prior warning, but he also seemed to think filtering wasn't legal...

I'll get pics of the bike tomorrow, but will sort a crappy little paint thingy to give ya'll something to look at in a mo.

[Itchy]

The picture shows that you're overtaking at a junction. You're not supposed to do that. This will work against you when it comes to a claim.
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[Mark_F]

I know it was at a junction, there was no indication that the car was going to take that junction, not to mention that it was in slower moving traffic that I was filtering past.

I know the fact that it was at a junction can work very much against me, hence I need some advice on what comes next etc.

[Pjay]

Let your insurance company know and they will deal with it.

[Snowdonia Rider]

What Itchy said

It's a classic biker filtering mistake passing by a junction. You should have gone round him on the left.

Don't expect too much off insurance.
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[Minty]

[duhawkz]

You could try quoting davis vs shrogin at your insurance or solicitor, it basically states filtering is legal and driver have a responsibility to look out for bikes that are filtering. it might work ,it did for me

but i predict 50/50 at best
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[Mark_F]

[chickenstrip]

Similar to one I had some time ago, but at least there was no side turning where I overtook. I did however play up the fact that he can't have checked it was clear before manoeuvring, and as for him signalling, it was his word against mine. Got it 70/30 in my favour in the end after first being offered 50/50, but the side turning, as has been said, is likely to go against you.

I had legal help, but they pretty much left it to me to do all the leg work
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[andyscooter]

Best outcome would be 50\50

Youwere on wrong side of the rroad

Filtering by a junction is a no no

I was lucky and got paid as he was on apub carpark
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[M.C]

[duhawkz]

I'm not saying it's guaranteed to work, but its about the best shot he's got

In my case the guy pulled out of a side road after been flashed by another driver.

his statement was single sentence stating the above,he tried to claim off me usual stuff I was speeding, shouldn't have been filtering etc...

the solicitor appointed to me wasn't going to even fight it, till i pointed out davis vs shrogin, pointed out that he by his own admission had moved out when flashed, something that the highway code said you shouldn't do and amounted to careless driving, I also pointed out that i was travelling slow enough to keep the bike up right with a pillion.
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[Mark_F]

Thanks guys, I'll play it by ear and see how things go.

Anyone have any recommendations for solicitors? I have no idea who's ok and who's a waste of time.

[M.C]

[janner_10]

If the damage is that small as mentioned in your post and you are not injured then do a deal with the driver and both walk away and sort your own repairs.

It's not worth the hassle for a couple of hundred quid is easily attainable used parts.

You are both in the wrong and I can't see involving insurance beneficial to either of you.
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[Wafer_Thin_Ham]

[BTTD]

How much to repair your bike, how much to repair the car? If I goes 75:25 and most of the cost is in his car, could it end up costing you more than just your own repairs?

[Rogerborg]

I'd characterise that as overtaking.

https://web.archive.org/web/20150705161415/https://www.motorcyclecompensation.co.uk/Motorcycle-Accident-Case-Law.aspx

Fill your boots.

Best case is Beasley vs Alexander / Davis vs Schrogin / Shaw vs Russel. I'd expect the most likely case is Pell v Moseley and 50:50.

Best of luck.
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[Mark_F]

No idea on car repair, though I'd guess not cheap (64 plate BMW, company car and all that). For the bike I'm still looking for some parts, but roughly £200 thus far (I'm TP anyway).

Edit: And thanks Borg, will have a gander now.

[Wonko The Sane]

has arry seen the thread?
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[staffo]

Speak to sorrymate, they seem pretty good.
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[Val]

get a good no win no fee motorcycle claims specialised lawyer like Dalton. You need somebody with proper qualification to kick his insurance company ass.

It may be a junction but the driver has responsibility to drive with due care, he has missed to look properly and also he has missed to give signal on time.
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[Mark_F]

[M.C]

Its annoying, drivers fail to do the basics then blame whoever they hit for having the audacity not to sit in traffic. I nearly got taken out recently in similar circumstances, and when I did get taken out (same bit of road coming the other way) it was cos the driver didn't want to drive a few metres up to the lights where he could of turned right or left.

In the work van I only do u-turns IF I can see the entire road, and its clear, otherwise I drive round the block or find a side turning. Indicating and using your mirrors isn't difficult, I really don't understand why so many people seem to struggle with it.

[chickenstrip]

With mine, I'm sure there was a sign indicating that you could go up to the roundabout to turn around. But of course, that wasn't put there for my antagonist's benefit, oh no

It occurs to me I didn't use that sign to help my case at the time
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