As im so stressed about the situation (and sore) i’ll explain as briefly as possible.

I was knocked of my bike yesterday morning on the M25. I was filtering in slow moving traffic, and when passing directly between two cars (a van in the centre lane and a BMW estate in the outside lane) – the BMW decided to pull sharply to his left exactly as I drew up beside him, closing the clear (approx 4.5ft) gap infront of me almost instantly to 2ft or less. He was directly parrallel to the van at the time so I have absolutely no idea what he was supposed to be doing.

I was unable to stop in time as I had literally fractions of a second to react. I struck his nearside door and in turn was pushed across and into the offside door of the van in the centre lane. I then went over the handlebars of the bike and landed in front of the BMW.

When pressed, the BMW driver admitted several times to me that he may have ”moved the (steering) wheel a bit” and even motioned this with his hands. He also apologised to me several times, claiming he ”didn’t do it on purpose”
The van driver didn’t physically see the incident, but did say to me that the driver of BMW was clearly not paying attention.

No witnesses on hand.

I have photo of tyre mark from my bike about 12″ long on the nearside door of BMW, directly under line of wing mirror.

Police did not attend scene. I have reported at local station.
I also have injuries to legs, arm and neck.

I have TPFT cover.

Low and behold the BMW drivers insurance company have today claimed that their driver was travelling in a straight line when I clipped him and lost control.

I have the sinking feeling now that my word against his will not turn out well for me in terms of liability, although my insurance company are willing to fight after hearing details of the incident.

If the right thing does not happen, and I lose my claim, I probably stand to foot a bill for recovery of my bike (£180), new boots, new crash helmet, loss of no claims etc, all before I have to pay out to repair my bike.

Is there no way on earth that I should contact the van driver directly to simply ask if he witnessed the other driver admitting to swerve his car?

Someone please give me something to be genuinely positive about. Please.

If you have the van driver’s details, surely you should pass them to the insurance company?

Something similar happened to someone I know. Call their bluff. It’ll go to court. Chances are they’d rather not lie in court and settle, the day before… It’ll take months though.

As above, the Van driver is your witness.

Also make sure your insurance company are very clear on the Fact that the driver admitted liability numerous times at the scene (potentially in front of the van driver/witness??)

Someone please give me something to be genuinely positive about. Please.

You’re not seriously hurt (hopefully!)

As above, the Van driver is your witness.

Yes, but he’s also a 3rd party as I struck him too, so is there not a conflict in calling him directly?

I will take it to court as there is no way on God’s Earth im accepting liability, and yes, he’ll have to lie in court to get away with it.
I just feel that even at this early stage, the van driver could be the key IF he did hear the driver saying what he said.

Something similar happened to someone I know. Call their bluff. It’ll go to court. Chances are they’d rather not lie in court and settle, the day before… It’ll take months though.

Nope. It’ll go knock-for-knock, if you are lucky – otherwise you’ll be paying for any damage to his vehicle.

Been there, and had many near misses too (especially on the M25, western section for me).

Sorry, but I can’t see it going any other way – especially as your one ‘witness’ didn’t actually see what happened.

EDIT

I will take it to court as there is no way on God’s Earth im accepting liability, and yes, he’ll have to lie in court to get away with it.
I just feel that even at this early stage, the van driver could be the key IF he did hear the driver saying what he said.

Anything said in the ‘heat of the moment’ is not really admissible, and you don’t have to admit liability.

Filtering is a grey area, even somewhere like the M25 (road surface looks around A3?) where its common place.

I always cringe when I see bikers “filtering” on the motorway for this very reason. Glad you’re not hurt, but I can’t help but feel it’s a 50/50 scenario at best in terms of insurance.

Heal quick

You’re not seriously hurt (hopefully!)

Thanks, I know what you’re saying, but.. im so skint that I cant see past the possible expense at the moment.
Must. Be. Positive.

Flying to US tomorrow on business trip. 9 hours couped up like a sardine with suspected partial torn bicep, bruised heels and shin/knee gashes – not to mention current onset of killer neck ache.
Oh joy!

I always cringe when I see bikers “filtering” on the motorway for this very reason. Glad you’re not hurt, but I can’t help but feel it’s a 50/50 scenario at best in terms of insurance.

I feel the same. Despite filtering being totally legal and bikes having right of way when doing so. It totally sucks that this guy can simply lie, and probably get away with it.

I hate having another reason to despise human nature in general.

Yes, but he’s also a 3rd party as I struck him too, so is there not a conflict in calling him directly?

He’s still a witness.

Did he hear the driver say that be swerved into you ?

I hate having another reason to despise human nature in general.

Don’t tar everyone with that brush.

On topic – was there no-one behind who’d have seen this? Guessing you don’t have their details tho.

go to http://www.mcnninjas.co.uk which is a bike site and search for posts by a poster called “TC”. he’s a retired traffic cop who now works in the accident investigation for insurance companies. He has previously posted case law where filtering has been deemed acceptable and the car driver at fault.
Why did you not call the police if you were injured though? injury TA’s they should attend and would solve a lot of problems.

chin up dude. Shit happens..

If you’re injured (and I’m loathed to say this) but go to a no win no fee solicitor. Irwin Mitchell in Sheffield have a good rep for this kind of thing.

I had a similar incident on my fixie. Woman knocked me clean off at a roundabout, all apologetic at the time and then denied everything. No witnesses and only contacted the police after the event as I couldn’t get her details any other way.

Dragged on for 2 years but I won in the end.

Important bit now is to write down everything you remember in as much detail as possible to form the basis of a witness statement.

If it does go to court, or even whilst the solicitors are arguing over things the more detail you have the more questions can be asked of the other party and the more awkward it is for them to avoid responsibility.

Note no win no fee works on a prospects of success basis. At all times the solicitor will be considering whether you have a 50% or greater chance of winning. If they keep acting for you, you know they must think there’s a chance of victory.

Cheers

Danny B

Have a look here regarding a judgement on filtering[/url]

Also if you’ve got accidental damage away from your home on your insurance you’ll be able to claim on that.

Hope it all works out. Almost had a similar incident on Thursday. Stationary traffic, filtering between a car and a small truck and the car steered in to close the gap for no reason. Traffic then started moving leaving me in a dodgy position and nowhere to go. Luckily i managed to get away with it.

Good luck. And get well.

Hope you make a speedy recovery but surely if filtering you should expect the unexpected? Very few car drivers seem to check their mirrors these days so I presume that you were filtering at a speed where you’d be able to stop easily if the unexpected happened in front?

Filtering should be banned IMO.

IMO get some advice from a motorcycle forum not from here. They will know a lot more than the people here.

Ho hum, your opinion is a ridiculous and clearly ill informed one. Filtering is safer for the biker and it reduces congestion. I smell a spitefull car owner sitting jealous faced in traffic while bikers zip past making progress.

Hope the op nails the lying beemer driver in court and heals up soon aswell.

Filtering should be banned IMO.

What, along with overtaking, ‘cos you can’t? 😈

Filtering should be banned IMO.

What, along with overtaking, ‘cos you can’t?

Used to have a bunch of muppets filtering down the M60 when I drove that. Lots of jostling traffic and bikes doing 40/50mph vs 15-20 of the cars with close packed junctions. Recipe for disaster but then again I’m not the one putting myself there.

I’d probably seek legal advice from a specialist on the area as the driver could easily get someone to sort his side out to make it your fault. EG he could have moved over to avoid “Some other driver who moved” etc.

Bred2shred – Member

Ho hum, your opinion is a ridiculous and clearly ill informed one. Filtering is safer for the biker and it reduces congestion. I smell a spitefull car owner sitting jealous faced in traffic while bikers zip past making progress.

Aye!

Filtering at 85+ on the M8 westbound from Hermiston Gait!

I am not a spiteful car owner.

I take it you are one of those nippy wee motorcyclists doing ya bit!

b r – Member

Filtering should be banned IMO.

What, along with overtaking, ‘cos you can’t?

Overtaking is fine.

Undertaking isn’t….

😈

double post, sorry

Undertaking isn’t….

If you can be undertaken, you’re in the wrong lane.

b r – Member

Undertaking isn’t….

If you can be undertaken, you’re in the wrong lane.

Not by someone who is breaking the speed limit 😉

Not to be a couch expert but the tyre mark does support your version of events not his- that’s not a clipping while riding alongside, it’s clearly a riding right into the side, which would be hard to arrange while filtering.

Was there a 999 call? anything useful in it?

I just don’t really understand why a BMW driver would be pulling out of the BMW lane…

Northwind – Member

Not to be a couch expert but the tyre mark does support your version of events not his- that’s not a clipping while riding alongside, it’s clearly a riding right into the side, which would be hard to arrange while filtering.

Was there a 999 call? anything useful in it?

I just don’t really understand why a BMW driver would be pulling out of the BMW lane…

I am a “proud” BMW driver and I will change lanes as the road and car conditions change…

Without looking or indicating like the rest of the BMW drivers i’ll wager. 😛

Bred2shred – Member

Without looking or indicating like the rest of the BMW drivers i’ll wager.

I indicate.

I have had to replace my indicator bulbs countless times because they have been worn out….

Northwind, I hope you are right. I too think that the mark on his door gives a fair idea as to how I came into contact. Pretty difficult to make such a mark if he was pointing directly forward.

I was travelling under 20mph, which is the legal limit. He moved across my path so quickly that despite hitting both brakes I had no choice but to hit him. I must reiterate, he moved across to the left very suddenly and he had absolutely nowhere to go, if he didn’t hit me he would presumably hit the van in the middle lane. There was no other traffic that he was trying to avoid as he was sat in the outside lane.

Ho hum – member

Aye!

Filtering at 85+ on the M8 westbound from Hermiston Gait!

I am not a spiteful car owner.

I take it you are one of those nippy wee motorcyclists doing ya bit!

Dont tar us all with the same brush. Yes some bikers filtering etiquette is far from ideal. But you’d punish those of us who do it safely just to make yourself feel better.

I drive to work and ride the bike so i feel i know more about the situaton than you do.

So how about you wind yer neck in and less of the nippy wee motorcyclists.

And BTW you still ye still come across as spitefull.

b r – Member

Undertaking isn’t….

If you can be undertaken, you’re in the wrong lane.

Humbug (although I appreciate you’re hopefully not entirely serious)! More than once I’ve pulled into the outside lane to overtake slower traffic, only to watch some twit undertake me at 90 and pull out three cars forward, braking hard and causing havoc.

And on clogged dual carriageways, you’re constantly overtaking / being undertaken without switching lanes.

Bred2shred – Member

Dont tar us all with the same brush. Yes some bikers filtering etiquette is far from ideal. But you’d punish those of us who do it safely just to make yourself feel better.

I drive to work and ride the bike so i feel i know more about the situaton than you do.

So how about you wind yer neck in and less of the nippy wee motorcyclists.

And BTW you still ye still come across as spitefull.

I am not spiteful.

And I am not going to “wind my neck in”.

Some of you guys on motorbikes are an accident waiting to happen and I am buggered if I am going to end up feeling bad because one of you ended up dying because you were exercising your legal right to filter!

Filter when the traffic is moving slowly, but not at 85+ mph!

Edit – how does riding a motorbike make you some sort of “road” god?

Ho hum – Member

Filter when the traffic is moving slowly, but not at 85+ mph!

So should it be banned or not? Make your mind up feller. Doing it at 85mph+ is already illegal.

.

member – Ho hum

I am not spiteful.

And I am not going to “wind my neck in”.

Some of you guys on motorbikes are an accident waiting to happen and I am buggered if I am going to end up feeling bad because one of you ended up dying because you were exercising your legal right to filter!

Filter when the traffic is moving slowly, but not at 85+ mph!

Edit – how does riding a motorbike make you some sort of “road” god?

Not spiteful eh, i think yer 3rd paragraph might shoot you in the foot there matey.

Ffs i’ve already agreed with you about fast filtering and that i dont condone such behaviour.

And as for the last comment, it doesn’t make me a “road” god. Just better than you.

Think bike!
Think biker!

Edit – how does riding a motorbike make you some sort of “road” god?

Read MCN, you will find the motorcyclist is recognised by the UN as the 3rd most oppressed group on the planet….. can do no wrong but can be wronged by everyone. Noting on the OP just the press can help to tar all with the same brush (the pro and anti too)
We used to wind up the guys at work Headlines generally included Speed cameras trap bikers – hate the police coupled with New 180mph road legal superbike thrashed around the lanes….
One of our colleagues went on a **** the police hate speed traps in North Wales ride, ballsed up hit a wall and the nice police got him and his bike back ok – ah irony