As riders, we filter — being able to overtake between long queues of traffic is one of the major benefits of riding. The problem is this — when there is a collision, insurers and courts are all too ready to blame the biker.
At RSS, we fight this prejudice at every turn. We represent bikers and scooter owners exclusively and there are very few types of filtering accidents that we have not come across.
Some solicitors without specialist biking accident knowledge may well urge you to accept a portion of blame for the accident in order to force a quick settlement. We know enough about the law relating to filtering to spot when insurers are suggesting an inadequate offer of compensation.
Every case is different and the outcome rests on a unique set of facts. Courts will look at issues like the speed you were travelling at, road conditions and whether you could have avoided a collision.
LEESON v. BEVIS & TOLCHARD 1972
- Bike filtering down the outside of stationary traffic
- Stationary lorry left a big gap in front of it and flashed out a car emerging from garage
- Car broadsides the bike
Court Decision : 50/50
RSS Says: Bear in mind that whilst the Court agreed that there is nothing wrong in filtering they did state that we have to be on the look out.
If there is a big gap in the traffic YOU CAN GUESS WHAT IS GOING TO HAPPEN
WORSFOLD v. HOWE 1980
- Left lane full of stationary traffic
- Bike travelling going down the right hand lane at between 10-30 mph
- Gap in front of lorry in left hand lane letting out car from railway yard
- Car pulled out in front of the bike which hit the side of the car
Court Decision: 50/50 – the bike was criticised for filtering too fast and the car driver for crossing into a space beyond his vision
RSS Says: Seems a bit harsh considering we were in our own lane
Remember: if there is a gap in the traffic and you are filtering, DO NOT be surprised if a car pulls out in front of you!!
If you think your solicitor or an insurer is asking you to accept more responsibility for the accident than you should, let us know. Remember, you have a choice of solicitor and we will be happy to take on your case.
* Please remember that although these cases are precedents, each case is settled/decided upon its own unique set of circumstances and the evidence that is available.
You can contact our motorcycle filtering lawyers on 0208 246 4900 or online. We offer free initial advice by phone or in person.