I was involved in a filtering accident, the circumstances, i was travelling along at around 10-15 mph on the outside of traffic but still within my lane, the speed limit of this road is 30mph, the traffic was stationary if not at a snail pace, the road was single carriageway along a town road, when a driver suddenly turned right to go into a small road turning (not at a junction), i was lucky enough to keep the bike up but unfortunately i had a lot of damage to my bike as her car hit the front end of my bike bending my radiator and completely trashing my lower fairing and gear lever, unfortunately i did not see the damage on the other persons car as a witness distracted me by seeing if i was ok but she mentioned that the driver had indicated to turn right of which i certainly did not see, i suspect she must signalled and the same time as turning even still i did see an indicator, the driver was reluctant to give her personal details and only gave her work number and insurance company, she is also trying to claim personal injury

 

Crucial to this case will be independent witness evidence as to when the other driver started indicating. You should succeed on liability although there is likely to be an element of contributory negligence.

Without seeing all the papers I cannot be precise but in the region of 25% may be about right and is in accordance with similar claims I have dealt with. Although the “small road turning” is not in your mind a junction a court may still view this as being in your reasonable contemplation that a driver may seek to turn down the road, no matter how small. 

You do not say that you were injured and if this is the case I cannot see why the case has not been resolved yet. If you were injured and the symptoms are ongoing (and a reasonably certain prognosis cannot be given) this may explain it. It may also be due to her injuries although I doubt they are serious.

If you sustained injuries then you should obviously be claiming for those in addition to your property damage and financial losses.