Filtering over chevrons: who’s at fault?

I was filtering slowly past a queue of stop-start traffic on the right hand side, using broken chevrons area. When I drew alongside a car it suddenly turned to the right and we collided. There was no way I could avoid it, as I was alongside the car’s rear window when he turned. I had a few soft tissue injuries, luckily nothing was broken.

The car’s insurance company says that as I was overtaking the accident was mostly my fault. They have offered liability just 30% in my favour… How can that be right when I was riding carefully and he would have seen me if he had looked properly.

Ruth – by e-mail

Answer

You should only ride over chevrons when it is necessary and safe to do so. The definitions of “necessary” and “when safe to do so” are open to a judge’s interpretation based on the specific facts of a case.

I have dealt with many cases like this which usually result in 75% to 100% compensation for the biker and I suggest that you rely on the case of Davis -v- Schrogin which was found 100% in favour of the biker. There are plenty of less favourable cases that insurers like to rely on.

To give advice specific to your case, I would need to see all the evidence, including the relative speed of the vehicles involved, the presence or not of a junction and the chevrons etc. You should instruct a specialist solicitor.