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.

[ummmm]

Joko is correct....

[milly143]

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

United Kingdom - Highway Code rule 268 advises against undertaking on a motorway: "Do not overtake on the left or move to a lane on your left to overtake"[4]. On other roads you can "only overtake on the left if the vehicle in front is signalling to turn right" (rule 163). On all roads, undertaking is permitted if the vehicles in the lane to the right are queueing and slow moving.[5] Undertaking in an aggressive or reckless manner could be considered Careless Driving or more seriously Dangerous Driving, both of which are legally enforceable offences

[ummmm]

Yes Milly...we know that. Define 'slow moving' because all it means is slow moving compared to the lane to your left. Which means you are NOT undertaking.

[milly143]

I simply can't be bothered to be honest.

[milly143]

I will just point out that the op doesn't make any remark about any traffic being slow moving, only that there was a temp limit of 50mph.

[joko]

but thats regarding undertaking!

there are special permissions for undertaking...but we all know generally undertalking is not allowed - but the cyclist WAS NOT undertaking or overtaking - they were PASSING.

no-one is trying to say that on this occasion the motorcyclist was allowed to undertake due to slow traffic

it is that continuing in your lane at the speed limit is totally legal and allowed regardless of what the other 2 lanes are doing

[joko]

and thats a good point - if the speed limit is 70, then really 65-60mph could be considered slow moving...

[Dris]

No mitigitating circumstances that the motorbike hit the REAR of the car then?
Indicates to me that the car cut in front of the bike -the driver even said he saw the bike and then manouvered -right into the path of the bike.
Car driver error-clear cut.....if I was presented with the facts in a court of law.

[TWR]

If there is any Motorway police use this site & have read these post's, will you please give your view's on the o.p. & also the undertaking palava.

[akasmiler]

the fact the guy admitted to the police he was doin 70 in a 50 doesn't count for owt then?

[thoughtful]

Good stuff on bikes and filtering at http://www.markthomps...-accident-solicitors/