Should I accept split liability?

I was filtering slowly past a line of slow moving traffic on the right hand side using the area in the broken chevrons. When I was next to a van it turned to the right and I came off. I couldn’t have avoided it as I was alongside the van’s window when he made his turn. Luckily there wasn’t traffic coming towards me but I was injured in the accident.

The van driver’s insurance company claims that I was overtaking and the accident was mainly my fault therefore they have offered a liability split of 30% for me. Is this worth engaging a solicitor as I am not happy with the 30%? I was riding cautiously when filtering and the driver obviously didn’t check his mirrors.

Tony Seel – by e-mail

Answer

You should only ride in chevrons when necessary and safe to do so. The definition of “necessary” and “when safe to do so” are open to judicial interpretation based on specific facts relevant to each case. The many cases like this I have dealt with have resulted in 75% to 100% compensation for the biker. I would rely on the case of Davis -v- Schrogin, which went 100% in favour of the biker. There are multiple less favourable cases that insurers like to argue.

I would need to see all the evidence to give proper advice on liability. Things like relative speeds of the vehicles, the presence of a junction and the chevrons will all be relevant. I recommend you instruct a solicitor.