Motorcyclist undercutting on a motorway

[akasmiler]

I'm having problems with my insurance company regarding a RTC i was involved in

i was in the middle lane (lane 2) on the motorway and went into the overtaking to go round a car, once i was around the car, the driver in the middle lane moved over to the left hand lane (lane 1) and I looked to move back into the middle lane. I saw a motorcyclist in the middle lane quite far back and had chance to manover across.

as i started to move, with indicator on, the motorcyclist, hit the rear quater of my passenger side and went sliding down the motorway

the motorway had a temporary 50mph speed limit in place at the time. The policeman interviewed the driver at the time and he said he'd been going 70

the motorcyclist has since been sent on and attended a driving course to avoid being charged and attending court.

nothing has been raised against me by the police for my driving

I am now being told that this is a 50/50 claim and i will lose my no claims bonus and also only receive back 50% of my excess. Is this correct?

i also have a credible witness in an off duty fire officer who saw the accident and also rides motorbikes on a weekend on track days, and even he says he was going way too fast.

[redcrx]

it will be seen as a 50/50 as you didnt gauge the speed of the motorcyclist correctly and continue to check the way was clear for your manouver.
It doesnt matter that the bike was speeding.

[redcrx]

i dont see where the motorcyclist was undertaking, your account seems to suggest they were constantly in the middle lane

[Old_Geezer]

Clearly attempting to undertake, it seems they didn't quite make it.

Most of the time I have little sympathy for 'undertakers', but I've experienced a few right hand lane hoggers I can understand getting frustrated about.

[Davethedog]

I don't see that Red - not arguing as such but the whole point is you should overtake on an outside lane, the cyclist was obviously intent undertaking, now unless there is some point that has been said such as dense slow traffic, which would have put up a number of mitigating points, I think the cyclist is in the wrong.

[redcrx]

they were in a lane at a speed faster than that of 3rd lane. undertaking is where they would have "overtaken" by swapping into left hand lane instead of right hand lane.

http://en.wikipedia.o...Undertaking_(driving)

[redcrx]

i havnt said who is right or wrong here, the OP wanted to know if it was correct for the insurers to claim a 50/50 split and i think that was only option.

[Davethedog]

Thats what I was saying, i'm not saying your wrong but if akasmiller is doing 50 in a 50mph area and the guy says he was doing 70, the slow moving rule doesn't apply or does it? I can't see how it would.

[Old_Geezer]

I think if he got as far as the rear quarter, then it would be considered he was in the process of undertaking, even if he didn't manage to undertake in the final analysis.

[redcrx]

even if he was about to undertake and didnt move, its still going to be seen as a 50/50. one glance to see where another car is in relation to you is not going to tell you what speed they are doing and give you and indication of whether its safe to move across or not.

[joko]

you crossed into his pathway...you clearly didnt have chance to move across as if you had he would not have been so close as to hit you

you should have waited until he passed you then moved back into the middle lane

many people misunderstand what undertaking is - it does not mean someone traveling to your left and is merely going faster than you..any more that someone on your right going faster than you is considered overtaking - they are just moving faster than you

if the bike had changed lanes to get round you and misjudged it then he would have been as fault...but you cut into his lane and blocked his flow...he did not undertake you because he did not change lanes

[TWR]

Other cyclist fault for undertaking, you have a good witness so Question your Insurers on the point that he / she hit your 1/4,

[joko]

the cyclistt didnt undertake TWR...he did not change his lane...akasmiler,moved into his path

[TWR]

I think that was Indicated Joko when I said Cyclist ( Motorcyclist)

[joko]

er yes, but the motorcyclist didnt undertake akasmiler...as he didnt change lane, he was just travelling faster than akasmiler

you said he did...

[Davethedog]

I take your point, and I also see why its 50/50 not because the cyclist wasn't undertaking but its akasmilers word against the biker as to who was where at the time of the maneouver.

However and I see it has no relevance to the claim, if the cylist had continued he would of been guilty of undertaking. The slower traffic rule doesn't apply here, if it did there would be no such thing as undertaking.

[TWR]

Think about what you have said Joko! If he was travelling faster than Akasmiler he would have had no option but to undertake, ( Correct me if I'm wrong) No doubt someone will!.

[redcrx]

"If he was travelling faster than Akasmiler he would have had no option but to undertake" no he would have been travelling faster than the lane to the right of him.

[ummmm]

Undertaking is when you move into the left hand lane to pass another vehicle. Being in a lane that just happens to be moving faster than the lane on the right is not undertaking.

[Davethedog]

So what is undertaking? He shouldn't of been travelling faster he should of pulled into the fast lane and waited until it was clear.

You cannot take theslow traffic rule in this case.

[joko]

see my first post...it indeed does correct you.

undertaking is not merely passing other traffic to your right...it is a manouvre.

if the lane to your right is travelling slower than you, you are not expected to drive even slower just so you dont pass by them!

maybe this misconception is why there are so many jams on motorways!!
people need to learn what undertaking actually means!

akasmiler crossed lanes into the path of a fast moving motorcyclist...to say their way was clear to do this is nonsense because if it had been, the motorcyclist woudl not have hit them!

akasmilers manouvre caused a motorcyclist to have to slam on and even then they could not stop in time....

you are allowed to travel along the motorway without expecting people to cross your path at any moment and cause you to have to brake suddenly...they should always wait until its totally clear and safe...

akasmiler misjusdged the speed and therefore misjudged the manouvre