Have you been knocked of your bike in a filtering accident?

All cyclists know that cycling has many advantages. One big one is the ability to get from A to B without getting stuck in traffic. As our cities roads become more and more gridlocked and congested, particularly during rush hour, cyclists are able to beat the queues by passing slow moving and stationary traffic.

Whereas motorcyclists often opt to overtake the queue on the outside, where there is more room, cyclists often opt to pass on the inside, where their smaller size allows them to nimbly and safely pass cars on the left. Either way, this is a perfectly acceptable manoeuvre when done safely, at an appropriate speed and in the right circumstances.

Unfortunately, many drivers do not ‘think bike’ (neither motor nor pedal) and fail to check their mirrors or down the inside of traffic for cyclists before turning. As a result, we do see a lot of claims that involve filtering cyclists and turning vehicles.

Common filtering cases include:

Passing traffic on the inside, and the car driver turns left across the cyclist’s path
Passing traffic on the outside, and the car driver pulls out of the queue to turn right/perform a U-turn across the cyclist’s path
Passing traffic on the outside and the car driver pulls out of the queue to turn right/perform a U-turn.
Passing traffic on the inside/outside, and a car travelling in the opposite direction turns right across the cyclist’s path
Passing traffic and a car door is opened into the path of the cyclist

Although cars are the most common, these circumstances can apply to all vehicle types including buses, lorries, vans and farm vehicles.

Liability – who is to blame for the filtering accident?

When it comes to accidents involving filtering past traffic, the answer as to who is to blame requires proper consideration from a specialist legal team. In our experience, liability is nearly always denied by the other driver and their insurance company.

Filtering in and of itself is not an illegal manoeuvre nor is it prohibited by the highway code. However, the law in this area is also dictated by other judgements in similar cases, and some courts have found the cyclist/motorcyclist liable at least in part. This is usually because of the speed the person was filtering at (mainly motorbike cases) or the road conditions, or where there is detrimental independent witness evidence. All the evidence needs to be gathered and reviewed and then specialist advice can be given on a case by case basis.

Why choose cycle claim line to help with your filtering accident claim?

Our legal team has a huge amount of experience when it comes to cycling and motorcycling accident claims. We have specialised in two wheel claims for nearly 30 years. When it comes to cases involving filtering, you are likely to have a denial of liability from the other driver, and therefore, you need a confident, knowledgeable team to properly gather all the evidence, and get you the right result. We are familiar with all of the case law in this area. We have fought many filtering cases to achieve 100% settlement in favour of the cyclist/motorcyclist. Our legal team have taken filtering cases all the way to the high court, achieving positive results that have ultimately proved to be landmark cases for filtering in the UK. We’re proud of our 96% win rate and our longstanding record of standing up for and representing the rights of cyclists and motorcyclists. We always work under a conditional fee agreement (commonly referred to as a “no win no fee agreement”). You do not need to have legal cover or legal protection. If your case is not successful, you do not have to pay a penny.