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Am I at fault for filtering?

I was filtering on the outside of a queue of stop/start traffic at about 10mph to 15 mph when a car suddenly turned across my path to do a U-turn. The elderly lady did not indicate and I could not avoid the collision.

The police report correctly states what happened including my speed and although the accident was not my fault my insurer has said that if this went to court it would be 50/50 fault.  I’ve been told that the car driver is denying it was her fault. Can I pursue this as it seems unfair to me?

Peter, Leicester, by e-mail

Answer

The police report and any witness statements will be helpful to consider liability here. There may also be CCTV or dashcam footage available. When a claimant is held partly to blame for the accident this is called contributory negligence. Each case turns on its own facts but it is quite wrong to say that all filtering cases end up being 50/50 blame.

It is for the other driver to argue that you contributed to the accident through your own negligence. In your case your speed was appropriate for filtering. She did not indicate and it is likely she did not look in her mirror or over her shoulder otherwise she would have seen you and avoided the accident. As long as you were not filtering on the approach to a junction I see no reason for you to accept any blame.

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