Most motorcyclists filter, overtaking down the outside or between lines of traffic, believing there is little point in having a skinny motorcycle and sitting in traffic with fat cars.
However, when an accident happens it is almost always alleged that the motorcycle was traveling too fast without proper regard for other road users.
In filtering cases it is common for insurers to offer an 80/20 split against a motorcyclist while quoting the case of “Powell v Moody”. This is a case decided in the 1960’s about a motorcycle overtaking a line of traffic when a car pulled out of a side road, through the traffic, into the motorcycle.
We have found that inexperienced solicitors will crumble and advise their clients to accept 80% responsibility for the accident. Powell v Moody, whilst never having been technically overruled, is a case which has very limited use, is limited to its particular facts and is arguably completely out of date.
It involved a motorcycle going down the outside of a tanker on the wrong side of the road past a junction. Insurers rely on it because it was a great victory for them and it seems that few solicitors have actually read the Powell v Moody case law properly. There have been subsequent decisions undermining this case, but the insurers always seem to forget about them.
If you had an motorcycle accident while filtering and have been advised to accept 80% or more responsibility for the accident then please call us on 0800 783 6191 for a free, no obligation, chat about your case before accepting your current solicitors’ advice.
