Funnily enough, I said what I said previously as an advanced motorcyclist and car driver.
Let’s not crucify the driver either.
Perhaps the motorcyclist was not paying proper attention either, (I have no idea) Stop in the distance that can be seen to be clear?
Filtering is legal but, treat all junctions, obstructions, stopped cars as a hazard and treat with extreme self preservation caution.
These things happen, it was not done on purpose so perhaps move on.
Just my opinion of course. 
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I know filtering isn’t against the law that’s not what I was asking.
I think it’s unfair of you to say “your carelessness” considering you weren’t there and you don’t have any idea what that roads like when it’s busy. You should know the size/ride height of an mx5 and appreciate visibility can be tricky at the best of times. What about the “carelessness” of the motor cyclist he should have seen the entrance to the car park it’s quite wide and obvious, coupled with fact that the guy that had let me out stopped before the entrance the motorcyclist should have considered that someone may be about to pull out. He couldn’t/didn’t see me as much as I couldn’t see him plus if he was travelling at a safe filtering speed given the business of the road he could have stopped or moved in time, I was at least 50% over the centre line when he hit.
I’m not trying to be too matter of fact here and necessarily push all the blame but if there’s a gap and I can’t see anything coming my way I’m going to go, hesitating could also lead me into the same situation, what can I do!?
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Google case of “Powell verses Moody “
This set the precedent and if it went to court it would probably go in your favour 20/80 as it is deemed that the motorcyclist is making a lane that does not exist.
Hope this eases the pain a bit
Not to be that guy but ive been reading that the 1966 Powell vs Moody case has been superceded by Davis Vs Schrogin (2006).
Although ultimately it seems to come down to circumstances as cases and outcomes seem to differ.
I have a friend who deals with the liability side of insurance claims and he pointed me in the direction of Powell vs Moody and it seems quite relevant to my case. Since my last post I’ve done some investigation work and have managed to acquire some cctv footage which actually shows the incident.
In the video you can see the biker filtering through the traffic and riding (which I can now confidently say) like an idiot. Behind the car that let me out was a white van which the bike was behind when approaching the entrance to the car park. As I start to move off the bike suddenly pulls out from behind the van to overtake so it’s no wonder I didn’t see him and I was at least 75% over the centre line when he went into the side of me.
As my friend says it would have been impossible for the biker to see beyond the van making his overtaking a dangerous manoeuvre as he didn’t have a clear view of the road ahead. It could even work out as entirely his fault as there was nothing I could have done differently to avoid the accident.
It’s a shame there are people like this on our roads I think they seem let down and give a bad name to the entire community, I work in hospitality and we always say it’s the bad customers you remember the most. I’m sure the people on here defending bikers are referring to the majority who like themselves ride safely and responsibly. I hope you can see now why I was so adamant I wasn’t 100% at fault and I hate to say it but I told you so 
.
Seriously though, I’m not out the woods yet the decision might be that van was obscuring my view too much and I shouldn’t have gone, that said I definitely feel more optimistic about the whole situation and still the main thing is no one got hurt.
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Very happy to hear you have some video clarifying the incident, I hope everything gets resolved quickly and easily.
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Video footage changes everything and I’m so glad you’ve got some. My incident was 30 years ago, way before dash cams, plus the other party wasn’t insured, something that about 30% of drivers thought was optional in that part of London at the time!
Hope it works out for you.
Excellent, video evidence is great. Witnesses are unintentionally inaccurate /unreliable, dashcam or other video is great. Dash cam saved me when a bus hit the back of me a few years ago. The driver apologised at the time, but three weeks later changed his story and said I was playing silly buggers… Sent in the dashcam evidence, and five minutes later, slam dunk, no more questions. I actually wanted them prosecuted for attempted fraud, but never followed through on that.
Every accident is different, so rarely are things clear cut. Video helps enormously.
Sometimes these go the wrong way, but other things being equal you’re on the back foot with regard to ‘fault’ because you were entering the road, and he was on it so he had the presumed priority.
From the motorcyclist’s point of view, if I were him I’d be kicking myself regardless. He’s had an accident that was not strictly his fault, but which he could easily have avoided by going a bit more slowly and anticipating exactly the event that occurred, which is what experienced drivers or riders do all the time. The sort of accident I had a couple of in my callow youth. Rule 146 of the Highway Code applies “where there are junctions, be prepared for road users emerging”.
Similarly, I’m sure you’ve also rued not looking right as well as left before emerging from the gap (EDIT although having re-read your description of what the video shows that might have been of limited help). The reality is that accidents like this are usually a joint effort.
Not far from here, some time ago a chap turned left into a major road and, whilst still looking right, had a head-on with a dustcart that was overtaking a cyclist. Not sure who got the blame for that but the car definitely lost the fight with the dustcart.
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A few years ago my wife ran into the back of another car at a roundabout. Her recollection was that he had set off, then stopped again while she was looking to the right. She accepted it was her fault but she was quite clear about what she ‘saw’.
The video from her own dashcam said different. the chap stopped at the roundabout, which was clear, and simply waited. The explanation was that he was not local and was trying to work out which way to go. He never moved, my wife just drove into the back of him at 10mph.
Of course she was looking right, and being aware that there wasn’t another vehicle in sight, simply hadn’t considered that he might not have gone.
Eye witness reports are unreliable. She still has a memory of him setting off and stopping again, but it just didn’t happen.
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In apportioning blame, the big question is “what could I have done differently to avoid the accident?”
The OP has stated nothing, short of having a bigger car with better visibility… Which is clearly beyond reasonable. So as long as the OP was not breaking any law (eg no right turn) then he has a very good case.
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Identical accident on King Street (bike passing stationery cars) T boned a van coming out Uq’t Road turning right.
Van was held 100% liable. I know, I was the biker.
You pulled out from behind something that was obstructing your view of the road and the driver’s view of you? On what grounds did they rule in your favour
Ask Santa to find you another, there’s loads about…
No. I was passing stream of cars on king street. I was the “wan…… on a bike” as you politely put it. Van at fault as he was joining the road and is legally bound to give way. (Not my words. The words of the judge. ).
You are concerned about someone saying “your carelessness”. Yet your opening statement said something like “wan…… on a bike”
Which it would now seem you was in the wrong?
Just saying……… 
Sure we have “wan…” in cars, buses, cyclists, HGV’s, pedestrians etc. Trust me I have seen some real proper “wan…” on bikes and cars that have either seriously injured themselves or others or killed themselves or others. Quite why some are taking all this so personally is rather strange. (In my opinion of course).
Anyway have a good weekend all.
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Sorry if I offended you but you’ve got it wrong these cases are not identical, I suggest you read post 25 it describes the cctv footage I have which clearly shows him riding like an absolute wan…. if you were offended by that comment you’re obviously not that guy and definitely not the type of person the comment was aimed at. Like Scarletpimpernel said there are idiots in any type of vehicle, this time it was bike guy previously it’s been van man and other times everything and everyone in between
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Post the CCTV footage.Amazing what others see/think that aren’t closely involved.
Generally the vehicle emerging from the minor road into the major road is liable regardless of what the other vehicle was doing. If you were waved out you still have a responsibility to emerge when safe to do so. If you have independent evidence to prove the other driver was driving/riding in an inappropriate manor you may be able to argue contributory negligence.
As for your own vehicle. 2 points: First I hope you declared to your insurers that the your car had already been a write off as this could affect cover and sadly, the write off value for this accident (if it is written off). And secondly, you have the right to retain the vehicle if it is safe to repair but purely an economical write off. They have the right to inspect it at their approved repairer but you need to make sure they are aware you want to keep it should they decide to write it off. You can then accept an amount in lieu and repair it yourself. Your insurers may want to see proof of satisfactory repair.
(Insurance broker 40+ years).
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