Filtering accident blame

I was filtering along the outside of a row of slowly moving traffic just on the inside of the central white line at about 5mph faster than the cars I was passing when the car I was just drawing up to turned right across me. He did not indicate and I had no chance to avoid the crash.
The police report accurately records what happened and even though the accident was not my fault my solicitor said when these cases go to court each side equally shares the blame. I've been told that the car driver is denying liability. This does not seem right to me?
Mitch, London, by e-mail

Answer

The police report and witness statements will be useful in order to correctly apportion liability. There may also be CCTV available. When an accident victim who claims compensation is partly to blame for the accident that is known as “contributory negligence”.

Each case turns on its own facts but it is not correct to say that all filtering cases end up being 50/50 blame. It is for the other driver to argue and prove that you contributed to the accident. In your case your speed was appropriate for filtering. He did not indicate and it is likely he did not look in his mirror or over his shoulder (otherwise he would have seen you and not turned across you). As long as you were not filtering on the approach to a junction I would press for 100% compensation.

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