Safe Speed Forums

Hi guys,

A couple of months ago I was involved in an accident where traffic was stopping for a red light up ahead. I began to filter (c. 15mph) towards the front. I was alongside a bus, which decided to stop suddenly and signal for a driver to come out of a side street to travel in the opposite way. I was then taken out as she was moving to perform her manouvre. I have had notice that the insurance company will go as far as 50-50 so far, despite months on the case and 2 witness reports.
Does anyone have any similar experience on what my odds are of the decision coming off in my favour?

Many thanks in advance

Andy

emerging from a drive way and you'd have been blameless, but from a side street you will cop 50:50. Had she actually made it to the other side then you would have copped the full blame.

There is legal precedent: Leeson vs. Bevis Transport (1972), so a court will not see this any differently.

see here for more details:
http://www.motorcycle-training.f2s.com/filtering.html

see Example A.

I know its sometimes hard to see side roads, but we must expect traffic to emerge from them in queuing traffic. Rule 167, and 211 of the hwc put the duty of care on both parties. You may be able to claim from the bus driver however.. but its unlikely to be easy

Personally I wont filter when there are side roads unless I can do it at 5mph. It only takes a 2 seconds to wait until you are over the junction. In addition the bus could have swung out to turn left as you overtook. having said that I'm not perfect and do miss the odd side road, so I guess you were unlucky