Advice on my insurance offer

[M1ghtyDUck]

Hey,

If anyone remembers a while back I got hit while i was filtering through moving traffic (standard one lane each way main road, I'm in the middle) by a woman not looking as she pulled out. Someone going the same direction as me flashed her to go out, i had to stop a bit sharpish as I saw she wasn't going to see me, and I'd completely stopped but she hit me from my left as she pulled out.

My bike (NSR 125) got written off, but I repaired it myself for £90 in parts with a few scratches left on. They valued it at £1400, plus £100 for my helmet, so total loss of £1500, and I was hoping to make a tidy profit.

Now, I've just talking to my insurance, and the offer I'm getting is a 50:50 split. What this means is that I get given £750, half of my losses. However, if the other driver claims for any damage to the front of her car (the cheek!) then I lose my no claims bonus.

I'm on third party only, costing £270 a year. First year of having a bike, about 7 months left to run on that policy.

So, do I:
A - Take the money, and risk her claiming and me losing my no claims, and probably a higher premium because of the claim. (should I ask my insurance what this is likely to add up to in ££ terms?)

B- Ask for a reconsideration of the liability dispute. After all the witness statement (and mine) apparantly puts her at fault, and filtering is legal. They're line of argument was it was an illegal action, whereby my insurance said is wasn't because I was on a bike and filtering is legal, so they offered 50:50.

C- Do nothing. I didn't really lose much, just some time of not riding my bike, and the £90 to get it roadworthy. Should I just let it go into the dust and distance, and be happy I still have a bike and a no claims bonus for next year?

Thanks for opinions.

[LucyMichelle]

Do you have a solicitor? If you've been involved in an accident and it's not your fault a solicitor will usually help in getting what you're due. I was involved in a small accident in the car, which was totally not my fault. I used Mendleson's Solicitors (Google them) and they were very good and got a fast result. I had my car repaired and a coutesy car (not provided by my insurance cover), I was also compensated for loss of earnings on days I couldn't get to work shortly after the accident.

Don't let an insurance company fob you off (even your own, coz they will).

Just my experience.
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Lucy.
Facebook: Click Here! - Please state you're from BCF or you won't get accepted!!

[Feasty]

Also you don't state where she came from, but isn't it illegal to filter past a junction!? This is seen as a form of overtaking and I've been pulled before now for filtering past a side turning...
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Previous: Aprilia Habana Retro 50cc (beauty), Yamaha SR125 (fell apart), Honda XR125 (nippy little commuter), Honda SLR650 (Geewhizz), Yamaha Diversion 900S (Smoooooth) written off courtesy of a stupid escaped horse.
(7 year gap), BMW F650 (Relaxing ride). Aprilia Caponord ETV1000 (Big and bold). Yamaha FZS600 (got me in trouble too quick!).
Current: Yamaha TDM 900 (Comfy, light but big, power when needed).

[Hetzer]

Fight that BS all the way. Look into a no-win-no-fee solicitor to handle it for you.
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"There's the horizon! Ride hard, ride fast and cut down all who stand in your way!"

[JonB]

Jesus christ lad, if it is in no way your fault why are you willing to accept partial liability?!


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Be careful whose advice you buy, but, be patient with those who supply it. Advice is a form of nostalgia, dispensing it is a way of fishing the past from the disposal, wiping it off, painting over the ugly parts and recycling it for more than it?s worth.

[Itchy]

Do what sickpup says and sue her personally for the princely sum of £45 small claims court.
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[iooi]

You sure they not just talking blame here.
50/50

Even if you agree to 50/50 you will still get full payout, its just how they work blame, not the payout.

If you are not sure ring ins again and ask them about how it will affect payout.
Other than that did you have legal aid ins ? if so give them a bell.
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Just because my bike was A DIVVY, does not mean i am......

[Kickstart]

Hi

I would say fight it. Overtaking at a junction isn't itself illegal (as far as I know), just a bad idea.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[iooi]

Even if she was flashed out it is still her responsibility to ensure its safe to move...
One reason i never flash anyone out. Might sit there looking at them.....
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Just because my bike was A DIVVY, does not mean i am......

[T.C]

You cannot be held 100% liable, but you may have to accept a small degree of contributory negligence, maybe 10%.

First of all it is perfectly legal to filter regardless of whetherthere are junctions in close proximity or not, and the other driver has a statutory duty of care to ensure that it is safe to pull out into the major carriageway and that no other vehicles will be required to alter course or speed.

What makes it worse for her is that she pulled out on the flash of another vehicles headlights, rather than doing a physical check, so she has failed to observe the basic rule of understand what flashing headlights mean which is "I am here" and nothing more.

So primary liability is hers, but t make life easier you may need to accept say 5 or 10% contrib to speed things up on the basis that you were filtering close to the junction, but a good solicitor will be able to square that off.

I have not long dealt with a very similar type of accident, and the rider accepted 5% contrib and the other 95% was awarded against the emerging driver.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[strag]

I had a similar incident in my car this year. he 3rd party was trying to say it was my fult even though he pulled out of a side road onto a main carriageway. I refuse to accept responsibility.

This is a quote from the Road Traffic Act that I included in my letter to my insurers in response to blame, you may find it useful.

The third party entered a main road from a junction with broken white lines, the Road Traffic Act is very clear on this manoeuvre and I quote:

“172
The approach to a junction may have a ‘Give Way’ sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road.
[Laws RTA 1988 sect 36 & TSRGD regs 10(1),16(1) & 25]”
He did not follow this rule and I therefore accept no responsibility in this case and place blame on the third party.
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carbon bling

[M1ghtyDUck]

Thanks for the speedy replies everyone. I'll add a little more detail for what actually happened.

I was going along a main road like I said, a standard single lane in each direction main road. I was filtering in the middle, past moving traffic. There was no junction, just a side road, to my left as I was approaching.

A car ahead of me slowed.. could've been to turn left into that side road, or to let this woman out, in any case, this woman then looks left at oncoming traffic (looking away from me - I watched her do this, it was in my statement) and doesn't look back towards me as she starts pulling out, turning right to travel in the direction I came from. I stood on the brakes as I saw her do this, but she hit me from the left as she pulled into the centre of the road. I was by this time just out in front of the car that'd stopped to let her out. I was stationary (just) when she hit me.

So that's what happened. Main road vs side road. I thought I'd have no trouble. I was even in my lanes side of the white lines - the road is wide enough.

From what I was told, the 50:50 would mean that I only get half my losses paid for, and if she claimed off my insurance (surely she can't claim now, over 3 months on from the accident) for damage to her car, I'd lose my no claims bonus.