anyone had an accident whilst filtering and KEPT their no-claims?

Off-topic
1

some wally in a car turned right on me a little while back whilst i was filtering past her. minimal damage to the bike and kept it upright but my nearside crashbung opened her front wing like a can opener :w00t:

anyway the claim’s going through now and i’m wondering how much responsibility i should accept. it was next to a side road (which she was turning into) so i know i shouldn’t have been filtering and all that but she didn’t indicate or in fact look! there’s no witnesses and i know this is a particularly contentious issue but has anyone managed to get 100% in their favour?

not using the bus lane has cost me £300 effectively on my renewal plus not to mention more £££s in the future. that’ll teach me to stick to the law :wink:

PS. i know considering what could have happened i’m lucky to have gotten of so lightly :frowning:

2

was there heavy traffic coming in the opposite direction?

i.e was all traffic slow moving in both directions?

otherwise it is deemed as a straightforward ‘overtake’ and when not safe to do so…and makes you ‘blameworthy’

glad your ok, but it’s suicidal to ever overtake at the mouth of a junction!!

3

There was something about this in an issue of Bike last year- the laws changed apparently with regard to filtering accidents- something to do with proportion of blame but I can’t remember the details offhand. I’ll have a look tonight.

4

surely the lack of an indicator apportions some blame to the driver, otherwise people could just wander about as and when they please…it would be total carnage…

but I have to agree that overtaking at a junction is just asking for trouble…no matter who’s fault it is…

5

filtering is in essence overtaking and overtaking at a juction is a bit no no, it’s clearly stated in the highway code that you should not overtake at, or approaching a junction.it does not really matter whether they indicated or not as it is your word against thiers, as you have no independant witnesses you will be looking at at least 50% blame and to be honest probably more as these things tend to not go in the bikers favour.

6

no traffic coming the other way (thank f00k) :w00t: and yeah it was slow moving, 'bout 5-10mph. i know i shouldn’t have overtaken, even though it was a minor side road she was turning into. bit silly of me really and i do know better, but i assumed which is a dangerous thing to do.

anyways i just wondered if i had a chance of keeping me no claims. not hopeful really but you never know. if i had a witness i’d be more in with a chance i guess, but for the 3rd time in my life now no one hung around :angry:

7

that’d be dead handy fella :slight_smile:

8

my m8 did.

lost his finger cos the bird opened door whilst filtering past stationary traffic and the edge of door chopped his finger off.

In end i think he took 15% of blame but still kept ncb.

I think it depends on percentage on who’s thought they think it is etc.

9

this guy is right.and the legal case you are looking for is Davis vs Shroginhttp://www.motorbikestoday.com/news/Articles/filtering_law.htmi recently won a case against a BMW driver that pulled out of a driveway across traffic, drove around the front of the queue that had stopped (I was stationary) and proceeded to accelerate into me whilst chatting on the phone. luckily i had a witness.good luck!

10

In my eyes it’s not about who’s to blame, it’s about staying alive.

If you filter just before a junction you are asking to be put on your ar$e.

If there wasn’t any oncoming traffic why did you stay so close to the cars?

Leave yourself an exit route and above all…

LOOK AT THEIR WHEELS:w00t:

11

i’d left about a good 6ft between me and the car but i spose i just focussed ahead as i was nearly past it. schoolboy i know. lesson learned anyway :ermm: it’s probably gonna cost me but i’d rather it hit my pocket than something else.

just think the insurance companies could be a bit fairer in percentage blame situations than they currently are.

12

The insurance companies can only apportion blame in the way the courts would - if they didn’t you could take them to court and win. The Courts are legally bound to follow the highway code which clearly says not to overtake on or approaching junctions. If you filter past when there are junctions you are asking to pay at least part of the bill as you will not be a 100% victim in the eyes of the law.