McPint: Why all the big names will be riding in BSB this year

I was filtering slowly past a long line of stationary cars on the right hand side using the area with broken chevrons. Whilst next to one car, he pulls out to the right and knocks me off. I couldn’t have avoided it by braking or steering to the right, I was next to his window when he started his action. Luckily there was no oncoming traffic and I was only slightly hurt. His insurer is claiming I was overtaking and hence I am more responsible resulting in them wanting to offer me only 30% of the compensation. Is this worth pursuing with a lawyer as I’m not happy with just 30% and although I realise you should only use this area whilst necessary and safe to do so I was cautious whilst passing him and the driver obviously didn’t check his mirrors.

Paul, Oldham, email

AThe definition of “necessary” and “when safe to do so” are open to judicial interpretation based on specific facts pertaining to each case. But the cases like this I’ve dealt with have resulted in 75% to 100% in favour of the biker. I would seek to rely on the case of Davis -vSchrogin, which went 100% in favour of the biker too.

My feeling without seeing the papers, but based on your account (not represented here in full due to space limitations) is 100% in your favour but there is always litigation risk. That is the inherent risk of going to court and litigation risk discount is often up to 25%. I suggest you get a solicitor.

‘Cases I’ve dealt with went 75-100% to the biker’