LEGAL Q&A

This information is provided by Stephen Hattersley, of WildWood Legal, a firm of solicitors specialising in claims for injured scooterists. Stephen, a qualified solicitor for 25 years, has been riding scooters for more than 30 years and has acted for injured riders across the UK. He knows the tricks and pitfalls that insurers use and pulls no punches in his dealings with them. He rides to work every day and understands the challenges you face out there.

Q. I was knocked off my scooter by a car changing lanes as I was filtering past him. He claims he indicated but I am sure he didn’t. He says filtering is illegal and his insurers are being difficult about my claim, saying it was my fault.

A. The insurers are talking rubbish. Under Highway Code rule 211, filtering is legal and absolutely fine, although you

obviously do need to take a good deal of care as car drivers often just assume it is safe to change lanes without checking. Before changing lanes, the duty was on the car driver to check it was clear to do so, then indicate. If you were there to be seen, then irrespective of whether he indicated, he obviously hasn’t checked properly. If it went to court, there may be a small degree of fault attributed to you but the vast majority of the blame rests

with him. Don’t give up on the claim – insurers will tell you all sorts in order to avoid paying out on cases even where they are bang to rights.