Knocked off while filtering
I was filtering slowly past a line of slowly moving cars on the right-hand side using the area within the broken chevrons. When I was next to one car it pulled out to the right and knocked me off. I couldn’t have avoided it by braking or steering as I was alongside the car’s window when he started his turn. Fortunately, there was no oncoming traffic, and I was only slightly hurt. The car driver’s insurer is claiming that I was overtaking, and the accident was mainly my fault therefore they have offered me 30% of the compensation. Is this worth pursuing with a solicitor as I am not happy with the 30%? I realise you should only ride in chevrons when necessary and safe, but I was cautious when filtering and the driver obviously didn’t check his mirrors.
Michael Hartley – by e-mail
Answer
The definition of “necessary” and “when safe to do so” are open to judicial interpretation based on specific facts relevant to each case. The many cases like this I have dealt with have resulted in 75% to 100% compensation for the biker. I would rely on the case of Davis -v- Schrogin, which went 100% in favour of the biker. There are many less favourable cases that insurers like to argue.
I would need to see all the relevant evidence to give advice on liability. Things like relative speeds of the vehicles, the presence of a junction and the chevrons will all be relevant. I suggest you get a solicitor.
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