You'd love to hear my story, i basically was taken to court because a guy in a van said i hit the back of him on my old gsxr and caused £1000 worth of damage door mouldings etc. so we took it all the way to court and the judge called him a fundamental liar and he lost, he was in £12,500 worth of debt after that and a few months later they asked me to go back to court to do him for fraud!
This is exactly why when filtering I always try to overtake while the cars are next to each other so I know they won't change lanes. They dont have to be parallel but as soon as the front wing of one car is parallel with the rear quarter of the other I'll go through.
put the playback on 0.25 and watch the first one again. The car and van are side by side when you first see them, and when the car turns in they're still just about overlapped. It's also going in to a small gap.
I filter too - but not at night. As a driver, I often can't pick out bikes in my mirrors at night - you have a headlight but no silhouette. The headlights merge especially in rain. That's not to say the car was not at fault, just that we need to understand how visible we are.
In this case though it was pretty slow moving traffic and a very well lit dual carriageway too, so I don't think that is a fair excuse in this one, but totally understand that in some situations that is the case. Sadly we all to some degree get into certain driving habits, and many could too easily become a cropper in these rarer situations because they don't expect them to ever happen, especially when unaware of that possibility as most non bikers are. More should be taught on driving lessons about the habits of bikers and continually told to/how to look out for them too. I originally done my car lessons and test in the mid 90's, and I still remember like it was yesterday, being told to look out for cyclists when at traffic lights, whenever pulling away from a parked position, opening the drivers door and turning left. Not once were motorbikes and their habits, including them being allowed to filter mentioned, so most drivers just don't have a clue that they need to, and how to look for us in the first place, and I bet that still has not changed.
With the van episode, what if a vehicle had turned out of the farmyard? As bikers, we are vulnerable ."Legal" or not - why risk overtaking with roads / entrances either side?
That was my thought entirely. That entrance to the right rings huge alarm bells for me, and is the obvious reason to be extremely cautious. The Ducati rider had zero reason to believe it was safe to pass. All he knew was that the van was in his way and travelling slower than him, nothing else. Common sense and self preservation dictates that he has no reason whatsoever to believe that it’s safe to pass.
No brake lights means the van was going slow enough to make a 90 degree turn without even brushing the brakes, so maybe 10 or 15mph at most. That would tell me instantly that he's looking for somewhere and very likely to do what he did, because they do it all the time. No way I'd have overtaken, I wouldn't be on the floor and neither would my nice Ducati ST3. 50/50 blame, Mr Ducati is a Sunday only muppet.
I think the Ducati rider was very lucky. A blind junction where something could have pulled out on him. They should have exercised a little patience. We also know many people in cars and vans can be dicks. You have to look after yourself.
Good content 👍🏼, the Openreach van one was completely avoidable with defensive riding, it was almost stopped to turn and you can see the front wheels turning from a good way back plus a van like that is going to be trying to find an unknown address, if you ride like everyone is going to follow the rules and do everything they should none of us would be alive...
@@robmule4647 : I do have a large tallywhacker and the BRAKE light will only work when the BRAKE pedal is pressed, your one of these Randy Mamola wanna be fastards ain't ya... ... ...
Second case is a school one to me. Had a couple of close calls just like this poor ducati boy (and a family of mine almost died in the same conditions) even sometimes when you have a car just in between and can't see the one ahead. Made my mind, never pass a car on a junction whatever the rush I am in. Too easy to loose on this one.
@44teeth quote "Dont ride like a dick"! hit the nail on the head there. I think these 2 cases show why bikers need a "what if?" approach to all hazards. Whether the case is 100% or 40% in your favour matters not if you are dead. I believe its why awareness of what can happen such as this through videos or post test training can save lives. Thanks for the content.
Great episode guys, I had the same issue 3 months ago with a car doing a U turn in front of me when overtaking. Still getting physio and when that's finished the solicitors get the doctors report and will see what happens from there
It doesn't matter whether you're insured or not though. Insurance companies have a single purpose - generate profits for shareholders. To do that, you do everything within your ability to not pay out
Had similar happen on a YZF750R about a million years ago. The ‘there to be seen’ claim won me the case. Bright yellow helmet and a garish pink and white motorcycle in broad daylight. Got a decent pay out for bike, clothing and knackered ankle then fixed the bike after the insurance company said I could keep it. Big win. Also Andrew Dalton got a case against me thrown out for something entirely different, his firm are absolute legends!
Great video as always.i think the openreach one was avoidable.in fairness to the van driver,he wouldnt have seen the bike in his mirror til after that corner due to the ducatis closing speed on him.and i think its bad practice to pass anywhere where someone can turn across you.even if it is into a farmyard etc.not justifying the lack of braking,indicating or looking in his mirrors though.but you have to ride like people are idiots,because so many are!😂
Totally agree. That entrance to the right rings huge alarm bells for me, and is the obvious reason to be extremely cautious. The Ducati rider had zero reason to believe it was safe to pass. All he knew was that the van was in his way and travelling slower than him, nothing else. Common sense and self preservation dictates that he has no reason whatsoever to believe that it’s safe to pass.
Definitely shows that having a camera is essential. Wish I'd had a camera when i got hit it would have saved me so much hassle. Now always have a camera on. Love these legal hints and tips videos.... Great work guys 👍🏻
Awesome video guys, thanks for the upload. Had a close one early on in riding with a car doing a right hand turn , managed to fluke a stoppie with my eyes closed and not crash. Learnt a valuable lesson, don't overtake near a junction
As a filthy Yank, it took a little bit of time to get used to being able to filter when I rode in Italy for a few days. Still didn't feel fully comfortable with it, and the vid demonstrates a bit why. Yes it's at night, but overall drivers these days feel more and more shit. I'm very pro-filtering and I'm annoyed that Florida still doesn't allow it despite how many riders there are, and how damn hot it gets. But even though I can't use it, glad to see y'all put out this kind of stuff for people who can use it.
lane filtering has been legal in Cali for a long time, and the speeds where its allowed are well-defined - drivers there expect bikes between the lanes at every light, and it really shows compared to growing up in MA where its illegal and drivers actively resent bikers who filter cuz they don't understand the safety / traffic benefits. California is biker heaven by comparison
Lane filtering (splitting) has not been defined in law in California until recently. The speeds at which it is legal are not defined by the current law.
i used fletchers solicitors when a car pulled infront of me. They denied fault saying i was speeding and could have swerved around them. Fletchers within a week got me a £2.5k injury settlement and my bike repaired with £1.1k damage. Was a new driver had only passed her test day before. 3rd party were really trying to fight it but once fletchers got involved they gave in very quick. I was with Mce at the time and i feel like they would have gave in if i didnt go with solicitors
2 simple rules to add to the list here. 1. Never filter into a car-sized gap. 2. Never ever ever ever overtake a car that could turn right. 2a. This also means anywhere at all in a 30 zone.
I would agree on the 60/40 split on the second case. The biker took a risk in overtaking at a junction, especially in how quickly he went for the overtake (not talking overall speed, he was going at an acceptable speed) If he had taken a second longer to decide nothing would've happened.
I would advise anyone and everyone to get yourselves on a Bikesafe course ans learn some really simple bits and pieces that will make you a safer rider No overtaking near junctions and be exceptionally careful of any gaps in traffic when filtering Any collision might not be your fault but that doesnt take the injuries away Safe riding everyone
I’ve had what happened in the first video, happen to me a month or two ago. I avoided getting hit, but still woke me up pretty good before I had my coffee
Great vid, very interesting & helpful as usual. Always eye opening watching these & makes you realise the law pays no mind to what would appear to be common sense!
The first video is exactly what happened to me on the 7th of June 2024 and the case is still ongoing because the van driver isn’t accepting liability bloody ridiculous!!
Never knew about the MoJ portal, why did my Insurer (Bikesure/4th Dimension at the time) not tell me about it when my KTM was written off by a cager pulling out and my helmet cam footage showed him bang to rights? Because they wanted to milk me with expensive bike hire whilst they took their own sweet time to deal with it? Your Insurer is not on your side fellas (except Bemoto, who I'm now with, perhaps) Surrey Police at least made the driver attend a driving course. Gavin Grewal is a star btw.
I, unfortunately, dealt with 4th Dimension when I witnessed a motorbike RTC & had it on my dashcam. Absolute shambles from start to finish, in what was a pretty clear cut case 🤷🏽♂️ took over 12m to pay out the biker, which was also a joke. I also dealt with the 3rd parties insurer too & they were equally as shambolic, but probably moreso - trying to put words in my mouth etc... They didn't like it when I pointed out I wasn't their witness to manipulate. I would ALWAYS strongly advise going with a motorbike specialist lawyer & NEVER use the ones provided by the insurer.
@rogerkay8603 yes, there is a perverse incentive for hire companies to drag their feet as it increases their fees! @mikey_bb good on you for standing your ground 👏 I have been to trial where a witness was 'leant' on and their evidence at trial was different to their written witness statement. Painful to watch as it unravelled...
Had a situation few years ago. Coming out of a petrol station, a cabbie very assertive coming out from another pump tries to get in front of me, I didn't let him. I get in position to get on the road turning right, waiting for a break in traffic and he is next to me on my left very close. Finally I see a break and I'm about to go and in about 5 seconds I'm getting knocked over. The idiot was looking left, completely oblivious of me being there. I called him 2 days later, the idiot was saying I was trying to overtake him 😂. Lucky for me I had witnesses and I got a good cheque in my pocket.
Had almost the same case as the second debate here; guy in a van that's in front of a single car ahead of me on a straight road with no side roads for the next 3-400m, slows to about 5mph (40pmh limit). I decided to overtake, then the van increases to about 25mph as I'm approaching - so I continue the overtake, reaching 40mph and just as I'm about to begin coming past, a junction on the right nears. It's a visibly open junction, no other approaching vehicles, so I maintain the overtake. The van driver was not indicating and not braking, only until I reached the rear quarter of the van did he indicate, then brake & turn at the same time. I got a shunt to my rear wheel (that's how close I was to getting past), his front bumper was dented and I was knocked off. Not speeding, was aware of the junction and the van driver's apparent lack of intention to turn, but it turned out 70/30 in the van driver's favour.... not happy to this day (fortunately the insurer is dissolved now) but now I never overtake with even the slightest wiff of junction.
Biker unfortunately went for the overtake in a village and by a junction. Loads of 4 wheel idiots out there but the biker shouldn’t have put himself in that position
This is why I would put my full beams on when filtering and turn them off when I need to pull in. The second clip biker overtaking on upcoming junctions, on your cbt even the police bikers say never overtake on an upcoming junction.
Vid number 2 happened to me. I went for an overtake on a car doing 25mph with a clear road in front. When I moved to the centre of the road and accelerated he slammed on his brakes, indicated and turned right in one motion. I had nowhere to go but into his rear quarter. Unfortunately my camera was broken and the guy on the bike behind me who saw the whole thing failed to answer any calls from police or my insurance so it was eventually settled as 50/50 because it was my word against his. My bike was written off and the car had a cracked bumper (fair?). Got a new camera and a new bike and am very careful overtaking/filtering where junctions are concerned. You live and learn I suppose.
Some great information but did the biker really need to put himself at risk when he could have easily waited for the next clear bit of straight road to overtake a much slower vehicle ? If you do not want to get hurt then you need to think that every car, van etc has not seen you - he was lucky to get the blame split that he did and if no driving without due care and attention was issued on the van driver then I would take the money and Run.
in reference to clip 1: i remember reading in MCN (motorcycle news) about 10 years a go, the law section and someone had asked a question about their filtering accident. the lawyer quoted a case (that i wish i could remember the name of), in that court case, the judge referenced the filtering rules about being slow but put a speed of 20mph on it. so the lawyer in MCN was saying if you are above 20mph when filtering, and have a collision with another vehicle, being above 20mph might go against you. since i read that i try to filter below 20mph as best i can and if the flow of traffic above 15mph i find a space and join the flow. as for the second clip, i feel the biker was suprised and only overtook to take avoiding action but if they had payed more attention to reading the road they probably would not have collided with the van. the camera shows the van is ahead, it shows a blind corner and a cross road sign, all that information for an advanced rider to use and round the corner with caution rather than carry speed and be surprised. but its information a normal rider should be looking out for too.
I had the same exact thing happen to me on the north circular, but it was back in around 2003. A young guy in a mini swapped lanes, no indication and no check in his mirror. Police attended and were on my side. Not only that, but the lad lived locally and his mum had arrived on the scene and whilst the police man was in ear shot, told her son to lie. Ultimately she was warned under caution. The boy got 6 points for driving with out due care and attention and this had to re take his test. He was given a 480 quid fine as well, and was made to take a special awareness course only after he had passed his test for a second time. My pillion was hurt and had to take time off work. His insurance paid out for my bike, and clothing loss. Also the damage to my pillion and all his cost of loss of earnings. The police were very much the reason we won, because they were both motorcycle police that attended and could see who was to blame…
we in netherlands do have a filtering speed limit for bikers. so if the traffic is moving with 20km/h we can go trough with 30, if they go 30 we can go trough with 40 and 40 is also the limit overall. if the traffic goes any faster we have to just get in and follow the traffic jam.
"overtaking within the vecinity of a junction" - the camera not being from the rider's viewpoint doesn't help, but it isn't obvious that there's an entrance there until after the rider's committed to the overtake.
On the second video, I would say some of the blame lay with the biker - not sure 60/40 was fair. In Police parlance there were “options” on that part of the road, ie driveways or side roads, not only could the van turn right, but something could have come out of the drive/side road. Although the van driver didn’t even look, the biker did put himself in harms way. I rest my case! The van driver is still a knob though!!
Years ago when I was 21, following behind a black cab on my bike, taxi indicated left and started to pull over to the kerb, me approaching indicated to overtake thinking he was pulling over, with his indicator still indicating left swing cab from kerb round into a u-turn, I remember thinking I can’t miss him, aimed for side of bonnet rather than full side of cab, stood up on pegs (so not to rip my bollocks off) and flew through the air over the taxi and hitting a lamp post before landing on the kerb. Taxi driver came round and started arguing that he indicated, I pointed out he had indicated left but u-turned right (and that his left indicator was still on) which he then tried to return to cab to cancel indicator, luckily this was outside a uni halls of residence and some students witnessed this. (Also just remembered as I was lying on ground, a load of students now around me, one with her hand down my back checking my spine when another bold student announced for everyone to stand back as she was a student dentist! I conveyed there was nothing wrong with my teeth! and she sulked off across the road and glared until the ambulance arrived!)
When I was filtering every day on a mway for 3 years, I seen cars dart in to gaps like this, multiple times a day, it’s why I’d never filter past spaces in the traffic.
About the overtaking accident. I ride on bike over 30 years, had many accidents, and even more "that was a close ones..." And one important lesson I have learned, if the vehicle front of you is driving really slow, there is ALWAYS a reason behind it. Don't overtake it if you not sure what it is. Could be a pedestrian running across the road, 9r a car pulling out of the driveway, or the the driver is taking a right turn without indicator
@11:25 - you actually just glimpse the brake light come on the van when it's over 50% into the turn, you see the right hand brake light come on - can't see the other 2 to see if they come on - which shows they were working and he just hadn't used them before starting the manoeuvre.
The van accident was avoidable. That entrance to the right rings huge alarm bells for me, and is the obvious reason to be extremely cautious. The Ducati rider had zero reason to believe it was safe to pass. All he knew was that the van was in his way and travelling slower than him, nothing else. Common sense and self preservation dictates that he has no reason whatsoever to believe that it’s safe to pass.
I just wish more drivers would watch this video, it's all too easy for them to be wrapped up in their little world and not pay full attention. So many drivers believe that filtering is wrong or illegal, I could go blue in the face just trying to explain it to non biker mates. Admittedly there are some dicks on bikes who do dodgy manoeuvrers, unfortunately this happens enough in the summer months it's often the image that sticks with drivers and we all get tarred with the same brush. I'm seeing people actively tighten a gap when they see you filtering more and more. All road users need to look out for each other, appreciate your benefits of sitting in a nice warm and dry car and let us get home safely that little bit quicker in the elements down the middle.
These are brilliant sessions with White Dalton! As a biker, trying to keep up to date of what is perceived as legal right is not always the case. When out on the bike you got to treat every other road user as an assassin out to get you 🥷🏍
I came around a bend on a country lane when I was very young to find a school bus taking up the entire road - both mirrors folded back because of the trees either side. 2 months in hospital having a major operation every week, nearly lost my leg, had to be resuscitated on the operating table, golf career rather buggered. While in hospital the bus Company countersued me for the dent my knee put in their coach… I got nothing for that accident other than some delightful scars. My lawyer told me to forget about it as we wouldn’t get anywhere trying to sue a local authority… unreal. Still got my leg though. 👍
A bikes speed relative to the surrounding traffic is key. Filtering is fine but at a reasonable speed differential. We all want to be given a chance to get it right and be able to react to our surroundings.
On the overtake near a Junction. When taking both my Police road bike courses, it was a straight fail if you did ovetake on a junction. No issue setting up an overtake, then pop past the second you are past the junction. Not worth the risk, the motoring public are too undredicatable, dont trust them. Same with filtering as gaps in traffic start to appear I now stop filtering, again somone will go for the gap and they just dont look for bikes. I restrict my filtering to pretty much static traffic which shouldnt kill you.
Love this series, eye-opening stuff. An old friend overtook a car on a T-junction (there was a turning off to the right) and hit a car pulling out of the junction head-on. Wrote off the bike, broke both his wrists. Don't do it.
Years ago I was riding on the A38 in Devon. I was overtaking a van and he pulled out even though his mirror was completely missing. I managed to hit the brakes just in time for him to miss me.
Incidents involving commercial or company vehicles are the worst. They will admit nothing and counter claim as a matter of course no matter how straightforward things appear.
The other side of that is people see a commercial vehicle and up their claim or even just make false claims, as there is the name of the operator and often contact details in it, so every claim must be checked.
usually its pretty simple , do not , in no case , ever trust anyone on the road , especially if youre on a motorcycle , think ahead as far as you can see and DO NOT TRUST OTHER PEOPLE ON THE ROAD
Watched the video with the BT van....brake lights not being seen are a non issue, I do all my braking in a straight line, also the van was out of site so could have braked then.
Thanks, these are really useful. A question I'd love to see answered in a future one is at what point should I be picking up the phone to a lawyer? If I was in an accident, my first call (maybe wrongly) would be to my insurance company and I'd assume that they'd take it from there. Is it up to my insurer to hire a lawyer if they need one, or should I be doing that as well as / instead of talking to my insurer?
Always take independent legal advice and don't leave it up to your insurer to instruct a solicitor. Get your own as soon as possible. White Dalton Motorcycle Solicitors offer free consultations to all UK bikers for this exact reason.
He was going round a blind corner and a van was pretty much stopped in the middle of the road. What was he supposed to do? Drive into the van? As mentioned in the previous video, these onboards are very divisive 😂
@@FortyFourTeeth I feel like he had plenty of time to brake behind that van. The bike mounted camera didn't even seem to dip down at all - As soon as he came around that corner the very least he should have done is close the throttle. Didn't look like he braked at all, even seeing the van's wheel turned and as it moved over to the right. Even if there wasn't a junction there that overtake looked dodgy. You could see the van driver looked lost.
@@DarrenTaitI agree, just a moment to pause, slow and assess would've done wonders. He wasn't riding fast but he wasn't riding defensively. Shame, I hope he's OK.
First case was very clear cut, nothing for the biker to do, second case was less clear, overtaking at a junction always a bad idea, pretty easy to see the van was slowing, even if they were not signalling. Hope both have recovered well.
I was filtering North valley rd in colne a lets say lady seen me then sped up not letting me back in to flowing traffic allmost knocking me off my bike,then after a few choice words off me she then shouted at me sayin i was breaking the law.what else can i say.
That second one is fairly bizarre, no hate on the biker but he didn't seem to make any attempt at all to avoid or stop he just went straight for the overtake
Vulnerable as we are, Bikers need to assume all other road users are idiots ! No matter whos at fault ? Crashing and Falling off can hurt lots , or worse. PLEASE Stay safe, be aware of your surroundings and give each other space to maneuver fellow road users...
1st clip, car looks like a merc (mirrors only there for decoration) and the reason why I only filter through stationary traffic. Filtering here is legal between 0-30km/h. 🇦🇺
great tips !, I am unfortunate I didn't have a go pro on at the time and my solicitor is absolutely useless completely reactive and not working for me , and its taking over half a year already well see
Second clip, so many warnings for the Duke rider, slow maintenance van, cross road sign on the bridge van just stopped, looking where to go, the slow speed of the van going into the what looks like a village crossroads, I would not go for a pass, its a tiny twisting country road no white lines, they stopped before the bridge, even the white lines up to the bridge were long warning danger when overtaking. The van is in the wrong, but sadly.
The real message is obviously car driving sheep are clueless dicks who either don't use indicators or use them to late to be of any use to anyone, and sometimes don't have working break lights
Al's question about what speed is too fast to filter is something I've often wondered about, because at some point it's technically undertaking? I always air on the side of caution as I'm aware I'm always going to lose out to a car or truck : /
I wonder what the insurance companies rules are on these cases. Do they weigh the case on weather they can win or not, or by the merits of the case. Also how much do they adjust for 2 customers with the same insurance company.
The insurer is irrelevant and shouldn't really dictate to you how or to what % you can win your claim. Always get independent legal advice and try not to rely on insurers or their 'panel' lawyers, who may have their own agenda or 'process' which may not align with what you want to achieve.
Another good vid, some people are just shocking humans! With insurance companies getting even stricter does removing the cat make an exhaust non Road legal? Know that bikes aren’t emissions tested but curious as the insurance comps will use anything to get out of paying. Keep up the good work
One of the very very very few perks to living in California is lane splitting. Cars that hit us are almost always in the wrong because it is an unsafe turn when we get lane changed.
The amount of drivers who think having a indicator on means they have right of way is unbelievable these days
5 minutes later and i'd be dead, cause of a BMW driver done the exact thing but didnt even indicate
I was wiped out when I was 18(a few years ago now), who said, "Didn't you see my indicator"
@@ghollidge Unreal!
An indicator doesn’t create a space. Drivers should wait to be offered a space, at the decision of the other vehicle.
Yeah it's actually unbelievable... totally agree
You'd love to hear my story, i basically was taken to court because a guy in a van said i hit the back of him on my old gsxr and caused £1000 worth of damage door mouldings etc. so we took it all the way to court and the judge called him a fundamental liar and he lost, he was in £12,500 worth of debt after that and a few months later they asked me to go back to court to do him for fraud!
This is exactly why when filtering I always try to overtake while the cars are next to each other so I know they won't change lanes. They dont have to be parallel but as soon as the front wing of one car is parallel with the rear quarter of the other I'll go through.
That is the way to do it, you have to be so vigilant filtering in moving traffic. Keep up the good work.
put the playback on 0.25 and watch the first one again. The car and van are side by side when you first see them, and when the car turns in they're still just about overlapped. It's also going in to a small gap.
this exactly, commuted for years here on bikes and its the gaps you need to watch out for more than the cars
I filter too - but not at night. As a driver, I often can't pick out bikes in my mirrors at night - you have a headlight but no silhouette. The headlights merge especially in rain. That's not to say the car was not at fault, just that we need to understand how visible we are.
Agree. I do the same, it's super hard for cars to make out your headlights. Rather play it safe...
I'll bear that in mind come November, thanks mate.
Top band, by the way 👍👍👍
I guess that's one of the reasons why Honda's modern bikes keep the indicators on for better awareness.
In this case though it was pretty slow moving traffic and a very well lit dual carriageway too, so I don't think that is a fair excuse in this one, but totally understand that in some situations that is the case.
Sadly we all to some degree get into certain driving habits, and many could too easily become a cropper in these rarer situations because they don't expect them to ever happen, especially when unaware of that possibility as most non bikers are.
More should be taught on driving lessons about the habits of bikers and continually told to/how to look out for them too.
I originally done my car lessons and test in the mid 90's, and I still remember like it was yesterday, being told to look out for cyclists when at traffic lights, whenever pulling away from a parked position, opening the drivers door and turning left.
Not once were motorbikes and their habits, including them being allowed to filter mentioned, so most drivers just don't have a clue that they need to, and how to look for us in the first place, and I bet that still has not changed.
If only all legal beagles were as nice and genuine as gav seems.
With the van episode, what if a vehicle had turned out of the farmyard? As bikers, we are vulnerable ."Legal" or not - why risk overtaking with roads / entrances either side?
That was my thought entirely. That entrance to the right rings huge alarm bells for me, and is the obvious reason to be extremely cautious.
The Ducati rider had zero reason to believe it was safe to pass. All he knew was that the van was in his way and travelling slower than him, nothing else.
Common sense and self preservation dictates that he has no reason whatsoever to believe that it’s safe to pass.
Exactly, thought he was lucky to get away with a 40% reduction in his claim, van driver was to blame but the collision was avoidable.
Agree I would have held off the overtake as this is a blind junction.
No brake lights means the van was going slow enough to make a 90 degree turn without even brushing the brakes, so maybe 10 or 15mph at most. That would tell me instantly that he's looking for somewhere and very likely to do what he did, because they do it all the time. No way I'd have overtaken, I wouldn't be on the floor and neither would my nice Ducati ST3. 50/50 blame, Mr Ducati is a Sunday only muppet.
@@englishsteve1465 I agree. Impatient too.
These are really valuable lessons to all bikers, so good job bringing this to our attention.
Can not overstate the value of these sessions
I think the Ducati rider was very lucky. A blind junction where something could have pulled out on him. They should have exercised a little patience. We also know many people in cars and vans can be dicks. You have to look after yourself.
That was really really shit riding imo. Surprised anyone can try and defend it.
@@f-godz3342 you wouldn't know the junction was even there 🤦
@@robmule4647 except for the warning sign before it
especially when the van looks like he hasn’t got a clue where he’s going
Yep, i think he was being impatient, and not quick enough on the brakes. Tradie in the van was looking for job address.Looks like he found it ....
Good content 👍🏼, the Openreach van one was completely avoidable with defensive riding, it was almost stopped to turn and you can see the front wheels turning from a good way back plus a van like that is going to be trying to find an unknown address, if you ride like everyone is going to follow the rules and do everything they should none of us would be alive...
Or if it had working break lights and used indicators 🤦
Yep, in a perfect world but who's the one who's gonna be in a box or a wheelchair... ?
@@PaulMappud oh you claim to plan for every vehicle to have no break lights 😂🤦
@@robmule4647 : I do have a large tallywhacker and the BRAKE light will only work when the BRAKE pedal is pressed, your one of these Randy Mamola wanna be fastards ain't ya... ... ...
@@robmule4647 It's brake not break! If you don't realise this then your argument is even weaker than it already is.
Second case is a school one to me. Had a couple of close calls just like this poor ducati boy (and a family of mine almost died in the same conditions) even sometimes when you have a car just in between and can't see the one ahead. Made my mind, never pass a car on a junction whatever the rush I am in. Too easy to loose on this one.
White Dalton Solicitors, quite simply, the best! Great section guys. 👏🏻
I agree overtaking though a junction is a no no…but can’t say I’ve never done it.
Yeah on the nose there.
@44teeth quote "Dont ride like a dick"! hit the nail on the head there. I think these 2 cases show why bikers need a "what if?" approach to all hazards. Whether the case is 100% or 40% in your favour matters not if you are dead. I believe its why awareness of what can happen such as this through videos or post test training can save lives. Thanks for the content.
Great information, thanks Gavin for winning a case for me a few years back.
Great episode guys, I had the same issue 3 months ago with a car doing a U turn in front of me when overtaking. Still getting physio and when that's finished the solicitors get the doctors report and will see what happens from there
It doesn't matter whether you're insured or not though. Insurance companies have a single purpose - generate profits for shareholders. To do that, you do everything within your ability to not pay out
Had similar happen on a YZF750R about a million years ago. The ‘there to be seen’ claim won me the case. Bright yellow helmet and a garish pink and white motorcycle in broad daylight. Got a decent pay out for bike, clothing and knackered ankle then fixed the bike after the insurance company said I could keep it. Big win. Also Andrew Dalton got a case against me thrown out for something entirely different, his firm are absolute legends!
This is such a quality series - love it. Hopefully never need it, but does make you think!
Cheers guys. These legal help videos are great.
Great video as always.i think the openreach one was avoidable.in fairness to the van driver,he wouldnt have seen the bike in his mirror til after that corner due to the ducatis closing speed on him.and i think its bad practice to pass anywhere where someone can turn across you.even if it is into a farmyard etc.not justifying the lack of braking,indicating or looking in his mirrors though.but you have to ride like people are idiots,because so many are!😂
Totally agree. That entrance to the right rings huge alarm bells for me, and is the obvious reason to be extremely cautious.
The Ducati rider had zero reason to believe it was safe to pass. All he knew was that the van was in his way and travelling slower than him, nothing else.
Common sense and self preservation dictates that he has no reason whatsoever to believe that it’s safe to pass.
love these videos, Gav explains things so well too.
Definitely shows that having a camera is essential.
Wish I'd had a camera when i got hit it would have saved me so much hassle. Now always have a camera on.
Love these legal hints and tips videos.... Great work guys 👍🏻
Awesome video guys, thanks for the upload. Had a close one early on in riding with a car doing a right hand turn , managed to fluke a stoppie with my eyes closed and not crash. Learnt a valuable lesson, don't overtake near a junction
As a filthy Yank, it took a little bit of time to get used to being able to filter when I rode in Italy for a few days. Still didn't feel fully comfortable with it, and the vid demonstrates a bit why. Yes it's at night, but overall drivers these days feel more and more shit. I'm very pro-filtering and I'm annoyed that Florida still doesn't allow it despite how many riders there are, and how damn hot it gets. But even though I can't use it, glad to see y'all put out this kind of stuff for people who can use it.
lane filtering has been legal in Cali for a long time, and the speeds where its allowed are well-defined - drivers there expect bikes between the lanes at every light, and it really shows compared to growing up in MA where its illegal and drivers actively resent bikers who filter cuz they don't understand the safety / traffic benefits. California is biker heaven by comparison
Lane filtering (splitting) has not been defined in law in California until recently. The speeds at which it is legal are not defined by the current law.
@@beerdedwanderer That shouldn't need to be a law, common sense should keep you safe while filtering.
@@HalfdeadRider I'm not arguing for a defined law, I'm correcting the other posts errors.
@@beerdedwanderer I never said you were! 🤷♂😎
This is such a good series… good, solid advice from yer mate Gavin.
i used fletchers solicitors when a car pulled infront of me. They denied fault saying i was speeding and could have swerved around them. Fletchers within a week got me a £2.5k injury settlement and my bike repaired with £1.1k damage. Was a new driver had only passed her test day before.
3rd party were really trying to fight it but once fletchers got involved they gave in very quick. I was with Mce at the time and i feel like they would have gave in if i didnt go with solicitors
Love this guy, so much quality info, really helpful
2 simple rules to add to the list here. 1. Never filter into a car-sized gap. 2. Never ever ever ever overtake a car that could turn right. 2a. This also means anywhere at all in a 30 zone.
I would agree on the 60/40 split on the second case. The biker took a risk in overtaking at a junction, especially in how quickly he went for the overtake (not talking overall speed, he was going at an acceptable speed) If he had taken a second longer to decide nothing would've happened.
I would advise anyone and everyone to get yourselves on a Bikesafe course ans learn some really simple bits and pieces that will make you a safer rider
No overtaking near junctions and be exceptionally careful of any gaps in traffic when filtering
Any collision might not be your fault but that doesnt take the injuries away
Safe riding everyone
These legal episodes are what I live for
This is useful stuff, keep em coming 👍
I’ve had what happened in the first video, happen to me a month or two ago. I avoided getting hit, but still woke me up pretty good before I had my coffee
Good knowledge. Enjoying the full range of content guys
We don’t have a justice system in the UK we have a legal system and they are miles apart
Great vid, very interesting & helpful as usual. Always eye opening watching these & makes you realise the law pays no mind to what would appear to be common sense!
The first video is exactly what happened to me on the 7th of June 2024 and the case is still ongoing because the van driver isn’t accepting liability bloody ridiculous!!
Never knew about the MoJ portal, why did my Insurer (Bikesure/4th Dimension at the time) not tell me about it when my KTM was written off by a cager pulling out and my helmet cam footage showed him bang to rights? Because they wanted to milk me with expensive bike hire whilst they took their own sweet time to deal with it? Your Insurer is not on your side fellas (except Bemoto, who I'm now with, perhaps) Surrey Police at least made the driver attend a driving course. Gavin Grewal is a star btw.
I, unfortunately, dealt with 4th Dimension when I witnessed a motorbike RTC & had it on my dashcam. Absolute shambles from start to finish, in what was a pretty clear cut case 🤷🏽♂️ took over 12m to pay out the biker, which was also a joke. I also dealt with the 3rd parties insurer too & they were equally as shambolic, but probably moreso - trying to put words in my mouth etc... They didn't like it when I pointed out I wasn't their witness to manipulate.
I would ALWAYS strongly advise going with a motorbike specialist lawyer & NEVER use the ones provided by the insurer.
@rogerkay8603 yes, there is a perverse incentive for hire companies to drag their feet as it increases their fees!
@mikey_bb good on you for standing your ground 👏 I have been to trial where a witness was 'leant' on and their evidence at trial was different to their written witness statement. Painful to watch as it unravelled...
@@gavingrewal6384 my ace card was that at the time I worked in law enforcement so, not quite the usual witness they could bully 😉
Gavin’s beard is simply sublime ❤
Had a situation few years ago. Coming out of a petrol station, a cabbie very assertive coming out from another pump tries to get in front of me, I didn't let him. I get in position to get on the road turning right, waiting for a break in traffic and he is next to me on my left very close. Finally I see a break and I'm about to go and in about 5 seconds I'm getting knocked over. The idiot was looking left, completely oblivious of me being there.
I called him 2 days later, the idiot was saying I was trying to overtake him 😂. Lucky for me I had witnesses and I got a good cheque in my pocket.
Very useful information. Thank you 44
Had almost the same case as the second debate here; guy in a van that's in front of a single car ahead of me on a straight road with no side roads for the next 3-400m, slows to about 5mph (40pmh limit). I decided to overtake, then the van increases to about 25mph as I'm approaching - so I continue the overtake, reaching 40mph and just as I'm about to begin coming past, a junction on the right nears. It's a visibly open junction, no other approaching vehicles, so I maintain the overtake. The van driver was not indicating and not braking, only until I reached the rear quarter of the van did he indicate, then brake & turn at the same time. I got a shunt to my rear wheel (that's how close I was to getting past), his front bumper was dented and I was knocked off.
Not speeding, was aware of the junction and the van driver's apparent lack of intention to turn, but it turned out 70/30 in the van driver's favour.... not happy to this day (fortunately the insurer is dissolved now) but now I never overtake with even the slightest wiff of junction.
Great advice Al but I,m also definitely thinking about getting a camera now as well.
Biker unfortunately went for the overtake in a village and by a junction. Loads of 4 wheel idiots out there but the biker shouldn’t have put himself in that position
This is why I would put my full beams on when filtering and turn them off when I need to pull in.
The second clip biker overtaking on upcoming junctions, on your cbt even the police bikers say never overtake on an upcoming junction.
Joke right?
Great insight into this world. Really good to know the conditions that change rulings
Vid number 2 happened to me. I went for an overtake on a car doing 25mph with a clear road in front. When I moved to the centre of the road and accelerated he slammed on his brakes, indicated and turned right in one motion. I had nowhere to go but into his rear quarter. Unfortunately my camera was broken and the guy on the bike behind me who saw the whole thing failed to answer any calls from police or my insurance so it was eventually settled as 50/50 because it was my word against his. My bike was written off and the car had a cracked bumper (fair?). Got a new camera and a new bike and am very careful overtaking/filtering where junctions are concerned. You live and learn I suppose.
Some great information but did the biker really need to put himself at risk when he could have easily waited for the next clear bit of straight road to overtake a much slower vehicle ? If you do not want to get hurt then you need to think that every car, van etc has not seen you - he was lucky to get the blame split that he did and if no driving without due care and attention was issued on the van driver then I would take the money and Run.
in reference to clip 1: i remember reading in MCN (motorcycle news) about 10 years a go, the law section and someone had asked a question about their filtering accident. the lawyer quoted a case (that i wish i could remember the name of), in that court case, the judge referenced the filtering rules about being slow but put a speed of 20mph on it. so the lawyer in MCN was saying if you are above 20mph when filtering, and have a collision with another vehicle, being above 20mph might go against you.
since i read that i try to filter below 20mph as best i can and if the flow of traffic above 15mph i find a space and join the flow.
as for the second clip, i feel the biker was suprised and only overtook to take avoiding action but if they had payed more attention to reading the road they probably would not have collided with the van. the camera shows the van is ahead, it shows a blind corner and a cross road sign, all that information for an advanced rider to use and round the corner with caution rather than carry speed and be surprised. but its information a normal rider should be looking out for too.
I had the same exact thing happen to me on the north circular, but it was back in around 2003. A young guy in a mini swapped lanes, no indication and no check in his mirror. Police attended and were on my side. Not only that, but the lad lived locally and his mum had arrived on the scene and whilst the police man was in ear shot, told her son to lie. Ultimately she was warned under caution. The boy got 6 points for driving with out due care and attention and this had to re take his test. He was given a 480 quid fine as well, and was made to take a special awareness course only after he had passed his test for a second time. My pillion was hurt and had to take time off work. His insurance paid out for my bike, and clothing loss. Also the damage to my pillion and all his cost of loss of earnings. The police were very much the reason we won, because they were both motorcycle police that attended and could see who was to blame…
Currently going through my own claim after being rear ended whilst stationary at a junction, such a ball ache but luckily no severe damage 😩
we in netherlands do have a filtering speed limit for bikers. so if the traffic is moving with 20km/h we can go trough with 30, if they go 30 we can go trough with 40 and 40 is also the limit overall. if the traffic goes any faster we have to just get in and follow the traffic jam.
IAM advised no filtering above 40 and filter slowly. I always turn on full beam in the daytime and I would filter even slower at night.
@@stevebolton8471teve, do you have your full beam on all the time during daylight, even when not filtering?
@@deanmsimpson No, dipped normally
@@stevebolton8471 Ok, because with the full beam on during the day, certainly helps you get seen better.
Loving this series - keep them coming guys.
Good vid. 1st case is a slam dunk, 2nd one reminds me why I never overtake near a junction.
"overtaking within the vecinity of a junction" - the camera not being from the rider's viewpoint doesn't help, but it isn't obvious that there's an entrance there until after the rider's committed to the overtake.
On the second video, I would say some of the blame lay with the biker - not sure 60/40 was fair. In Police parlance there were “options” on that part of the road, ie driveways or side roads, not only could the van turn right, but something could have come out of the drive/side road. Although the van driver didn’t even look, the biker did put himself in harms way. I rest my case! The van driver is still a knob though!!
Good segment very informative
Years ago when I was 21, following behind a black cab on my bike, taxi indicated left and started to pull over to the kerb, me approaching indicated to overtake thinking he was pulling over, with his indicator still indicating left swing cab from kerb round into a u-turn, I remember thinking I can’t miss him, aimed for side of bonnet rather than full side of cab, stood up on pegs (so not to rip my bollocks off) and flew through the air over the taxi and hitting a lamp post before landing on the kerb. Taxi driver came round and started arguing that he indicated, I pointed out he had indicated left but u-turned right (and that his left indicator was still on) which he then tried to return to cab to cancel indicator, luckily this was outside a uni halls of residence and some students witnessed this. (Also just remembered as I was lying on ground, a load of students now around me, one with her hand down my back checking my spine when another bold student announced for everyone to stand back as she was a student dentist! I conveyed there was nothing wrong with my teeth! and she sulked off across the road and glared until the ambulance arrived!)
When I was filtering every day on a mway for 3 years, I seen cars dart in to gaps like this, multiple times a day, it’s why I’d never filter past spaces in the traffic.
Interesting vid into Legal Bike Battles 👍👍
About the overtaking accident. I ride on bike over 30 years, had many accidents, and even more "that was a close ones..." And one important lesson I have learned, if the vehicle front of you is driving really slow, there is ALWAYS a reason behind it. Don't overtake it if you not sure what it is. Could be a pedestrian running across the road, 9r a car pulling out of the driveway, or the the driver is taking a right turn without indicator
I love these legal videos. I’m getting a helmet cam asap.
@11:25 - you actually just glimpse the brake light come on the van when it's over 50% into the turn, you see the right hand brake light come on - can't see the other 2 to see if they come on - which shows they were working and he just hadn't used them before starting the manoeuvre.
That's why I don't filter in moving traffic
Doesn't matter if you are in the right when you are dead or badly injured.
The van accident was avoidable. That entrance to the right rings huge alarm bells for me, and is the obvious reason to be extremely cautious.
The Ducati rider had zero reason to believe it was safe to pass. All he knew was that the van was in his way and travelling slower than him, nothing else.
Common sense and self preservation dictates that he has no reason whatsoever to believe that it’s safe to pass.
I think it's amazing that in the first video the BMW indicated at all.
I just wish more drivers would watch this video, it's all too easy for them to be wrapped up in their little world and not pay full attention. So many drivers believe that filtering is wrong or illegal, I could go blue in the face just trying to explain it to non biker mates. Admittedly there are some dicks on bikes who do dodgy manoeuvrers, unfortunately this happens enough in the summer months it's often the image that sticks with drivers and we all get tarred with the same brush. I'm seeing people actively tighten a gap when they see you filtering more and more. All road users need to look out for each other, appreciate your benefits of sitting in a nice warm and dry car and let us get home safely that little bit quicker in the elements down the middle.
These are brilliant sessions with White Dalton! As a biker, trying to keep up to date of what is perceived as legal right is not always the case. When out on the bike you got to treat every other road user as an assassin out to get you 🥷🏍
I actually am an assassin and for that very reason I drive very slowly and super carefully so as not to attract attention from any potential witness.
Great video. Thank you
I came around a bend on a country lane when I was very young to find a school bus taking up the entire road - both mirrors folded back because of the trees either side. 2 months in hospital having a major operation every week, nearly lost my leg, had to be resuscitated on the operating table, golf career rather buggered. While in hospital the bus Company countersued me for the dent my knee put in their coach… I got nothing for that accident other than some delightful scars. My lawyer told me to forget about it as we wouldn’t get anywhere trying to sue a local authority… unreal. Still got my leg though. 👍
Wow rough deal 🙁
Perhaps needed a better lawyer? 😬
@@mikey_bb Almost certainly. 😂
"Don't ride like a dick" - I shall type that out and stick it on my tank as a helpful reminder.
A bikes speed relative to the surrounding traffic is key. Filtering is fine but at a reasonable speed differential. We all want to be given a chance to get it right and be able to react to our surroundings.
On the overtake near a Junction. When taking both my Police road bike courses, it was a straight fail if you did ovetake on a junction. No issue setting up an overtake, then pop past the second you are past the junction. Not worth the risk, the motoring public are too undredicatable, dont trust them.
Same with filtering as gaps in traffic start to appear I now stop filtering, again somone will go for the gap and they just dont look for bikes.
I restrict my filtering to pretty much static traffic which shouldnt kill you.
Love this series, eye-opening stuff. An old friend overtook a car on a T-junction (there was a turning off to the right) and hit a car pulling out of the junction head-on. Wrote off the bike, broke both his wrists. Don't do it.
Years ago I was riding on the A38 in Devon. I was overtaking a van and he pulled out even though his mirror was completely missing. I managed to hit the brakes just in time for him to miss me.
I never overtake when there’s a junction on the right, as this type of accident nearly happened to me.
Left junction neither, always some idiot trying to pull out before the traffic reaches them then you’ve got nowhere to go
This is pure gold!
Incidents involving commercial or company vehicles are the worst. They will admit nothing and counter claim as a matter of course no matter how straightforward things appear.
The other side of that is people see a commercial vehicle and up their claim or even just make false claims, as there is the name of the operator and often contact details in it, so every claim must be checked.
usually its pretty simple , do not , in no case , ever trust anyone on the road , especially if youre on a motorcycle , think ahead as far as you can see and DO NOT TRUST OTHER PEOPLE ON THE ROAD
With the 2nd clip, van could have done all the breaking required before the bike came into view, then it is just lack of signalling.
Watched the video with the BT van....brake lights not being seen are a non issue, I do all my braking in a straight line, also the van was out of site so could have braked then.
Thanks, these are really useful. A question I'd love to see answered in a future one is at what point should I be picking up the phone to a lawyer? If I was in an accident, my first call (maybe wrongly) would be to my insurance company and I'd assume that they'd take it from there. Is it up to my insurer to hire a lawyer if they need one, or should I be doing that as well as / instead of talking to my insurer?
Always take independent legal advice and don't leave it up to your insurer to instruct a solicitor. Get your own as soon as possible.
White Dalton Motorcycle Solicitors offer free consultations to all UK bikers for this exact reason.
Thanks!
That wasn't unfair at all. It is unlawful to overtake on a junction.
He was going round a blind corner and a van was pretty much stopped in the middle of the road. What was he supposed to do? Drive into the van? As mentioned in the previous video, these onboards are very divisive 😂
Im surprised he even got 60:40 to be honest. Completely avoidable.
Bots and cucks are rife, no reasonable way of knowing that 'junction' was there
@@FortyFourTeeth I feel like he had plenty of time to brake behind that van.
The bike mounted camera didn't even seem to dip down at all - As soon as he came around that corner the very least he should have done is close the throttle. Didn't look like he braked at all, even seeing the van's wheel turned and as it moved over to the right.
Even if there wasn't a junction there that overtake looked dodgy. You could see the van driver looked lost.
@@DarrenTaitI agree, just a moment to pause, slow and assess would've done wonders. He wasn't riding fast but he wasn't riding defensively. Shame, I hope he's OK.
First case was very clear cut, nothing for the biker to do, second case was less clear, overtaking at a junction always a bad idea, pretty easy to see the van was slowing, even if they were not signalling. Hope both have recovered well.
I was filtering North valley rd in colne a lets say lady seen me then sped up not letting me back in to flowing traffic allmost knocking me off my bike,then after a few choice words off me she then shouted at me sayin i was breaking the law.what else can i say.
Really like Gavin as a guest! Great videos
That second one is fairly bizarre, no hate on the biker but he didn't seem to make any attempt at all to avoid or stop he just went straight for the overtake
Vulnerable as we are,
Bikers need to assume all other road users are idiots !
No matter whos at fault ?
Crashing and
Falling off can hurt lots , or worse.
PLEASE
Stay safe, be aware of your surroundings and give each other space to maneuver fellow road users...
When I am on a bike I always drive like I am invisible to others.
Blind, deaf, drunken idiots is the safest assumption.
1st clip, car looks like a merc (mirrors only there for decoration) and the reason why I only filter through stationary traffic. Filtering here is legal between 0-30km/h. 🇦🇺
great tips !, I am unfortunate I didn't have a go pro on at the time and my solicitor is absolutely useless completely reactive and not working for me , and its taking over half a year already well see
Second clip, so many warnings for the Duke rider, slow maintenance van, cross road sign on the bridge van just stopped, looking where to go, the slow speed of the van going into the what looks like a village crossroads, I would not go for a pass, its a tiny twisting country road no white lines, they stopped before the bridge, even the white lines up to the bridge were long warning danger when overtaking. The van is in the wrong, but sadly.
"Don't ride like a dick", this needs to be heard 😂😂
The real message is obviously car driving sheep are clueless dicks who either don't use indicators or use them to late to be of any use to anyone, and sometimes don't have working break lights
@@robmule4647clueless? Like not knowing the difference between 'brake lights' & 'break lights'....
@@jesuschrist7169 no, clueless like using adhominen waffle with no actual argument. Please spell check adhominen for me you melt
Al's question about what speed is too fast to filter is something I've often wondered about, because at some point it's technically undertaking? I always air on the side of caution as I'm aware I'm always going to lose out to a car or truck : /
Awesome content thanks lads 👌
I wonder what the insurance companies rules are on these cases. Do they weigh the case on weather they can win or not, or by the merits of the case. Also how much do they adjust for 2 customers with the same insurance company.
The insurer is irrelevant and shouldn't really dictate to you how or to what % you can win your claim.
Always get independent legal advice and try not to rely on insurers or their 'panel' lawyers, who may have their own agenda or 'process' which may not align with what you want to achieve.
Brilliant video 👍👍
Another good vid, some people are just shocking humans! With insurance companies getting even stricter does removing the cat make an exhaust non Road legal? Know that bikes aren’t emissions tested but curious as the insurance comps will use anything to get out of paying. Keep up the good work
One of the very very very few perks to living in California is lane splitting.
Cars that hit us are almost always in the wrong because it is an unsafe turn when we get lane changed.