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Thanks for your replies. The insurer has so far said that the guy who pulled out says I could have been speeding, which I wasn`t, but because that can`t be ruled out, a 50/50 decision is the fairest option. He looked but didn`t see me, either through carelessness, genuinely didn`t see me or I came to him too quick after he had pulled out.
I made the moron comment because I have spent every day since Friday talking to Swintons (my insurer), Tesco (his insurer), and 4th Dimension (3rd party claim team) and each one has so far said nothing can be done yet, and could take 12 months!!. Only today have they mentioned a possible 50/50 outcome at the end of it. They can prove murder without a weapon or witnesses etc, but a bike with front damage and a car with side damage on a roundabout seems to baffle them. : - ( What happened to "give way to the right??"