In November I was in the middle lane of the motorway when some old codger over took me in lane three, swung in front of me and then slammed on his brakes, rapidly slowing down when there was nothing in front of him.
I braked as hard as possible, but I couldn’t avoid slamming him up the rear. I have bust my arm and trashed my bike. However, my insurer has said they know the law, and it’s my fault as I rear-ended him. Do I have to take one for the team, or can! fight it?
Yes, you can fight it. It is common place that the person who rear-ends someone else is usually liable for the accident, however, from what you’ve said you have done nothing wrong in this situation; you were established in lane two, minding your own business, and the elderly gentleman caused the accident by his negligent actions.
A judge is unlikely to find for it being reasonable for a driver on a motorway – of all things – to pull in front of someone then just slam on their brakes. There is case law to support you, so ignore your insurer on this occasion… They are talking rubbish.