I did get compo for injuries etc but only at 50%. The police attended and said wasn't my fault but when push came to shove they couldn't comment. Sorry to sound gloomy but that's how things are. Expect 50% and anything above will be a bonus.
All filtering cases have to be judged on the evidence, and providing you comply with the basic rules you will not have any problem as 99% go in favour of the rider Where problems can arise is where the bike is filtering close to a junction on the right, or other traffic is forced to alter course or speed. Many law firms/solicitors still advocate a split liability or 50/50 in filtering cases, mainly because they do not have a clue or use outdated case law. If you filter safely and sensibly, you have nothing to fear, just make sure you get proper legal representation.
Sorry to be harsh, but you should not have accepted the settlement and do not jusdge what someone elses case is going to settle at based on your experience as no 2 cases are ever the same. If the evidence is favourable and you have a solicitor with some spunk representing you, then they should have pushed for a full admittanc of liability from the other side. I have not had a filtering case go 50/50 for years except where the filter was dodgy in the first place, they have all gone 100% in favour of the rider, except as I say where the filter was a bit iffy in the first place, but even then look at the evidence properly and it is not usually that difficult to attribute contributory negligence against the third party.
I was crawling pass stationary traffic maybe 10mph, car pops in from the right I had no chance. Picture below(excuse the amateur photo shop skills), You say filtering close to a junction, which this was do you think I will have troubles getting 100% in my favour?
The third party will certainly try and attribute a percentage of contributory negligence, and when it is that close to a junction on the right it can be anything from 5% to 25%. However, that does not detract from the fact that the defendant has a statutory duty of care to ensure it is safe before they join the major carriageway, and also make sure that they comply with all traffic signs such as Give Way or Stop Lines and signs. So expect to take a bit of a hit unless you can get your solicitor or insurers to put a strong argument forward on your behalf.
Thanks for that, I will adjust my expectations for the result but so far my solicitors are going for 100% in my favour so time will tell.
Oh for sure, push for 100%, but just be prepared to have to accept a bit of contrib. Makes sure your solicitor uses current case law, not case law from the 60's and 70's which many do,
Sorry to hear about this - glad you're ok, and hope the insurance/other stuff gets sorted out as painlessly as possible.
Only just spotted this Jon. Glad you got off relatively unscathed. Hope it all works out in your favour.
You could defiantly rebuild it once you have it back from the insurer, depending on the forks I guess but even so. I have just had to replace all the front fairings on my blade because I had an off. Because of finances I went down the option of getting fairings from China. I took my time and shopped about and found one that did the OEM colours with all the stickers included. Ended up costing me £270 delivered then £17 customs and a £14 pound extra handling charge due to customs diverting the package. All in all I feel the cost is very reasonable. The colours of the fairings are very good and I am impressed. However, I did need to do some modifications etc. I needed to file down the edge of the headlight hole until the headlights fitted correctly. This took time but eventually it came together. I would also say that the fairings are not as sturdy and in the event of a small off where the OEM fairings would get deep scratches I think these would smash. That being said I am happy with them for the cost. Hopefully this all goes your way and the other parties insurance takes care of it. At least you escaped with good health
The engineer's report recommends a full repair, that includes new right fork lowers, mirrors, pegs, total replacement of all the fairings. The only structural damage is the sub frame which will straightened. So if it goes through, the Blade will be in better nick than I bought it! I am currently going through a full no fault claim which is good but painfully slow at the third party engineers need to also inspect and approve. I am also claiming leather and helmet and personal injury so I do hope it goes my way. Currently on my second courtesy bike, the first CBF1000 was ok but way too heavy, I'm only small (and with the minor sprains etc from the accident) could hardly wheel it out my garage onto my driveway. Currently on a nc750 though much light is actually a pile of shit(for my commute), runs out of puff @6k rpm, wide as a tanker and makes me feel like a new rider. It will do but makes me seriously miss my HRC and reiterates how good it is at everything
Just a quick update for anyone interested, the third party has approved the repair costs (not sure what this means in terms of liability??) but anyway will get the bad boy back around 21st, cant wait this NC750 is doing my head in!! Still waiting for the results of my personal injury and biking gear, totted up the cost of leathers, helmet etc and it almost comes to 2k!!!!!, had no idea I was wearing so much gear!
yes deffo, so far the third party have agreed to pay the costs touch wood as it stands my NCD is not affected (touch wood again!!!!!!!!) edit - claiming on the TP is painfully slow, I have Fully comp, if I used it I would have the blade back quickly but would have to pay excess and lose NCD instantly until liability is resolved
I always have protected NCD. It paid off when I binned my Gixer 1000 tho as I still have over 10yrs NCD. I just lost the 1 year I was insured for.
agree, got 9 years NCD not protected, worst case it will drop to 2 maybe 4, will deffo protect it if goes my way
Not sure if I'm doing the right thing but will buy SP fairings (from China) and put my brand new OEMs in the loft!
