Cnut!

[tinysmall]

Well, today was a very good day. Until I got hit by a fecking blind cager. Just got back from the hospital and apart from being very sore down my left side, I'm ok. Unfortunately my bike isn't. All the damage is superficial but there is a lot of it (apart from the big gouge in my swingarm... looks like I might have to replace that too). Every panel on the left side is either broken , scraped or both, lost the gear shift and peg, exhaust bent in and scratched and dented, engine cases badly scuffed, radiator bent, indicator gone but somehow, I managed to keep my mirror and clutch lever (lightly scratched). Because I got hit by the car, it's going through the insurance Still, I've got two independent witnesses that say he just pulled out on me so hopefully it should end in a no fault claim. Doesn't stop me being sore though or having a bike that's unrideable

[tony.mon]

Bugger, bad news indeed.

Worse, it'll probably be written off with that amount of damage, so make sure you tell them you want to buy it back.

At least you're not too badly damaged and can still hold a spanner.

[Ilson Lad]

Thats bad news indeed Allow yourself plenty time to recover ' cause it sounds like really took a bashing. Hopefully. his insurance pays out promptly

[Arfur_Guiness]

Badnews bro - but you walked away to ride again another day.
All I can offer in the way of spares are mirrors but sounds like you miraculously saved them!
Get yerself well soon.

[Kev L]

Sorry to hear the bad news. Hope the insurance claim gets settled quickly, and in your favour. How did your riding kit come out of it?

[tinysmall]

Cheers chaps. And yes, I can still wield a set of spanners. Hope it doesn't get written off but if it does and I buy it back off them, how does that affect payout etc and do I need to do anything to get it back on the road other than fix it? Any inspections it needs to pass or anything?

Bugger knows how the mirror and clutch lever stayed on

Luckily it was all at low speed. As I was filtering down the outside of the traffic, he obviously just realised that he needed to turn off, whipped his indicator on and pulled out at the same time when I was already past the rear of his car. He's got some wing and wheel damage. Good thing that when I was filtering, I was doing everything by the book. One of the witnesses was a biker in his car. He got out, asked if I was ok then had a right go at the driver. Made me chuckle.

Head didn't hit so I can keep my lid, leathers are fine. Metal shoulder plate is scratched, knee slider is scratched and there is a big hole in the hoody I had on over the leathers. Chuffed to bits I was wearing them though. See alsorts of peeps on bikes in shorts and flip flops and stuff lately.

[AMCQ46]

That's a bugger , but glad you are ok

Sounds close to a write-off, so push to buy it back and you will be quids in. Hope the pain is bare able tomorrow, as that's when everything locks up and you can't even get out of bed

[Kev L]

I got knocked off my FZR last year and that was written off. I bought it back for £90 and put it back on the road for about £20 (obviously still with marked fairings). The solicitor appointed by the insurance co told me I needed a VOSA inspection to put it back on the road, however I rang and spoke to them and they don't inspect bikes that have been written off, cat D & C, so I just need an MoT to prove it was roadworthy for the insurance company and the jobs a goodun. Partially funded the VTR with the payout, but a pain in the butt chasing them for the money.
Good luck fella.

[Miztaziggy]

Aww mate, gutted to hear this

After the other weekend and driving round the dales like nutters, to get bashed off in a traffic jam

Hope you get sorted soon mate, and hope you get a nice fat payout for that stiff neck, sore leg, nightmares and flashbacks. (though in reality, i dont actually agree with this whole compensation culture)....

A mate of mine is a solicitor who used to work in claims for Direct line, now works with some other insurer. He doesnt like bikes, and has tried to put me off in the past, and im fairly sure he once told me if I was filtering in traffic and got knocked off, I didnt have a hope of winning a claim, at best it would go bump for bump.

I hope im wrong anyway, and maybe someone here has crashed in similar circumstances and can confirm?

[agentpineapple]

hi tinysmall
sorry to hear your story buddy, i myself am still waiting for an insurance payout, it's been 8 months since my accident and i still haven't had a private medical, they are a bunch of tossers, anyway good luck with your claim, and i've got some spares i can let you have cheap mate (swingarm/footpeg gear change lever)let me know if your interested and i'll put them to one side for you buddy..........

[Miztaziggy]

My brother sent me a couple of pics of the trip into the Dales, so copied links below for you...probably not the best time to be sending you these right after some prick knocked you off. Sorry.

[bazza696]

Sorry to hear the off, like everyone says make sure they give you a good price for the bike, and get her back on the road....

All the best with the recovery.

[vtryorks]

Found this on MCN, it might be of some interest to the OP. I'm glad you are relatively unhurt, shame about the bike but it can always be fixed up or replaced

The section of potential interest here are the case law examples in the liability section. Specifically Davis Vs Schrogin. Hope it helps.


Filtering - How it differs from an 'Overtake'.

Contrary to the belief of some motorists, filtering is entirely legal in the UK, providing that it is done safely. Once traffic speeds are high enough to suggest that the traffic is no longer queuing, your manoeuvre may then be regarded as a dangerous overtake.

Where is it illegal to filter?

As with any manoeuvre, you must not cause danger or force other vehicles to alter course or speed. Typically it’s not a matter of where, but when. There are a few situations where it would be illegal to filter. Two that spring to mind is passing queuing traffic in a no overtaking zone (e.g. solid white lines or after a no overtaking sign) or on the approach to a crossing, with zigzags.

If the road you are on is split by a solid white line, it's still legal providing you follow the rules set out above and you DO NOT CROSS THE SOLID WHITE LINE! If you can safely pass (filter) on your side of the road, this is fine.

Accident Liability

One of the problems the filtering motorcyclist faces in the event of an accident is the prejudice legal precedents that were established during the 1960s, 70s and 80s. Unfortunately, when a judge appoints blame for a particular incident, it forms what is known as a legal precedent. Legal precedents are the foundation of both civil and criminal law and allow the law to evolve over time. Essentially, a legal precedent means a future judge is bound to find liability in the same way when presented with a similar case.

There are a number of examples of bad legal precedent, which almost always appoint the majority of blame on the motorcyclist. Essentially the courts appear to have ruled that motorcycling is a risky and dangerous business and the rider as the vulnerable road user is typically to blame when an accident occurs.

For example the case of Powell vs. Moody (1966) found the motorcyclist to be 80% to blame for an accident where a motorist collided with the filtering motorcycle. In similar circumstances the case of Clarke vs. Whinchurch (1969) found the motorcyclist 100% at fault. In the case of Leeson vs. Bevis Transport (1972) the motorcyclist was found equally responsible for an accident where a van driver emerged from a side road. Most recently in the case of Worsford v Howe (1980) the motorcyclist was found 50% at fault when a vehicle changed lanes at the last moment in order to turn right and collided with motorcyclist. Clearly these are all examples of bad legal precedent, which prejudices the court against the motorcyclists. However, these precedents are not always definitive today. Essentially the courts will look at the speed and position of both vehicles, whether the traffic was stationary or moving and how fast the emerging vehicle was travelling. Most importantly the courts will listen to the opinions of any witness when apportioning blame.

Then came Davis v Schrogin. Mr Schrogin was stuck in a traffic jam in his car on a straight road. Mr Davis was riding a motorcycle along the same road in the same direction and was able to overtake the stationary queue as nothing was coming in the opposite direction. Mr Schrogin decided to leave the queue by executing a U-turn. Although Mr Davis' motorcycle was visible, Mr Schrogin did not see him until his car collided with the motorbike. Mr Schrogin accepted in evidence that he was looking the wrong way. Mr Davis first saw Mr Schrogin's car moving towards the kerb in preparation for the u-turn and was no more than five cars' length back from the point of impact.

The trial judge found Mr Schrogin negligent in making the u-turn without looking properly, and that Mr Davis was not to blame. Mr Schrogin argued that Mr Davis had accepted that he had paused to react and was contributory negligent. The Court of Appeal held that Mr Davis was so close to the point of impact that he could not have avoided the collision, so there was no basis for a finding of contributory negligence.

Farley v Buckley - The defendant motorist (Buckley), who drove out of a side road to turn right into a major road where a large vehicle was waiting to turn left and obstructed his view of oncoming traffic, did not have a duty of reasonable care to stop just beyond the offside of that vehicle before proceeding further. Accordingly, the defendant was not liable for injuries to the claimant who overtook the stationary vehicle and hit the motorist's car.

*Note - You will never win a filtering case if you filter past a large vehicle without stopping, then collide with a vehicle in front of the large vehicle. I.e. Bus, Lorry, Skip Wagon...even a pickup truck. If you cannot see in front of the vehicle you are passing, then you MUST NOT pass, until you know it is safe to do so.

In regard to the Davis v Schrogin case: The Appeal Court's unwillingness to challenge the decision of the judge's finding confirms each case will be decided upon its own facts.

[AMCQ46]

some interesting legal stuff there, I had always wondered how legal filtering was. sounds like I observe most of the rules most of the time

[tinysmall]

Interesting indeed. He's bang to rights anyway. Filtering is perfectly legal if done safely and having just done the police bikesafe course, I know that I was filtering correctly, safely and legally. If the insurers try to go anything other than 100% in my favour, I'll be getting a bike specific solicitor who knows what they're on about. In better news, the assessor is round tomorrow afternoon
Ta for everything peeps, and I might just take you up on that offer of spares mate. See what they say tomorrow though.


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