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mylow
Borekit Bruiser



Joined: 31 Jul 2005
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PostPosted: 12:44 - 20 Sep 2005    Post subject: filtering accident Reply with quote

has anyone been involved in a accident like this that was not there fault but could only get a 50/50 payout, also has anyone got a better payout than that,

I was filtering down stationary traffic around 10-15mph, still on my side of the road. a car pulled out from a side road on my near side, and knocked me off, the claim seems to be going 50/50, however I was doing a legal manoeuvre, why is it my fault or partly my fault? Sad
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innominate
Brolly Dolly



Joined: 18 Nov 2004
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PostPosted: 12:57 - 20 Sep 2005    Post subject: Reply with quote

Its just the insurance companies trying to get away with paying out less.

If it was a legal manouver and you were riding safely , then the onus is on the car driver to look before pulling out.



Then again I only filter on roads I know, & if there is a junction coming up I slow to walking pace & have a very good look.



Read a post about something similar where the insurers were trying to say the rider was at fault, she quoted the highway code at them. (Condensed - you are allowed to filter as long as you are carefull ~5mph more than the traffic) They then had to give the rider a full payout as she was doing a legal manouver & the car in front of her pulled out without checking she was filtering up.
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binge
Emo Kiddy



Joined: 02 Jul 2004
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PostPosted: 13:06 - 20 Sep 2005    Post subject: Reply with quote

Filtering.

Its a 50/50 battle. Some people love it, some people hate it.

Im not sure if it is legal or not, but A friend of mine was filtering at a good 20/25mph towards the traffic lights on the INSIDE Shocked (So he was Undertaking) and the lights went green. As he bombed across the junction still on the inside, a car turned left at the junction and went straight into him.

Funny enough, he got 100% payout too. Confused
No idea how.

When I filter I put my full beam on, And I do it in first gear so my revs are nice and high so I can be heared! Thumbs Up
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map
Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 13:08 - 20 Sep 2005    Post subject: Re: filtering accident Reply with quote

mylow wrote:
...filtering down stationary traffic around 10-15mph, still on my side of the road. a car pulled out from a side road on my near side, and knocked me off...

As said the insurance companies will try not to pay out. That's why they make big fat profits every year and still manage to cry poverty and put the premiums up Evil or Very Mad

Also bear in mind there are a number of precedents set in law...
Quote:
Powell V Moody (1966). In that instance, a motorcycle was jumping a queue of traffic on the wrong side of the road and collided with a vehicle edging out of a side turning. The Court held an 80/20 split with the motorcyclist being 80% to blame.
...and the motorcycle did hit a milk tanker Rolling Eyes. It's not the same as your case (same side of road, not crossing white lines).

You can find other examples if you click here (page from rider support services, which you might also want to have a look at).

HTH Thumbs Up
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Last edited by map on 13:10 - 20 Sep 2005; edited 1 time in total
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 13:09 - 20 Sep 2005    Post subject: Reply with quote

binge wrote:

When I filter I put my full beam on,

I believe that makes it a lot harder for other road users to work out how far away you are.
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binge
Emo Kiddy



Joined: 02 Jul 2004
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PostPosted: 13:11 - 20 Sep 2005    Post subject: Reply with quote

G wrote:
binge wrote:

When I filter I put my full beam on,

I believe that makes it a lot harder for other road users to work out how far away you are.


It does, but when your riding a 22 year old motorbike, Full beam is no brighter than a sidelight. Wink

No seriously, I ride around on full beam too because my dipped beam is VERY dipped, Its practically a side light.
Full beam isnt even bright enough to match a modern day bikes dipped beam.

Kida sucks on dark country roads like
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bazza
World Chat Champion



Joined: 27 Aug 2004
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PostPosted: 13:33 - 20 Sep 2005    Post subject: Reply with quote

Quote:
"...a motorcycle was jumping a queue of traffic on the wrong side of the road"


A nice, biased way of saying "overtaking". No wonder the poor sod lost. Thumbs Down
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yzf750r
World Chat Champion



Joined: 04 Nov 2004
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PostPosted: 13:38 - 20 Sep 2005    Post subject: Reply with quote

My mate had an accident filtering!

We was behind him going round the roundabout, the car was indcating to go straight on, same way as us. At the last minute he swerved to go off at the next exit, still whilst indicating to go our way, and slammed into the side of my mate, sending his R1 8 feet into the air, colliding with the sign posts.

Although there was loads of people saying the truth, there was one old bag who said we was flying past her about a mile previously. So in the end he ended up having to go on a course.

Cant remember if he got paid out though. If he did it wasnt the full amount! I know the bike was written off! Rolling Eyes
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 15:00 - 20 Sep 2005    Post subject: Re: filtering accident Reply with quote

mylow wrote:
I was filtering down stationary traffic around 10-15mph, still on my side of the road. a car pulled out from a side road on my near side, and knocked me off, the claim seems to be going 50/50, however I was doing a legal manoeuvre, why is it my fault or partly my fault? Sad

The Highway Code wrote:
143: DO NOT overtake where you might come into conflict with other road users. For example

* approaching or at a road junction on either side of the road
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 16:10 - 20 Sep 2005    Post subject: Reply with quote

binge wrote:
It does, but when your riding a 22 year old motorbike, Full beam is no brighter than a sidelight. Wink


It is not just the brightness, it is how well it is focused. Bright light straight in the eyes could easily have someone seeing spots in their eyes for a while afterwards. Pity the next poor bike they do not see because their vision is still screwed.

All the best

Keith
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