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  • Well.... as I say, it's some years since I was dealing with personal injury claims. In UK law, negligence is determined as what can reasonably forseen by the the ordinary man. As such, each accident needs to be judged on its own merits. If for example, you were travelling down a cycle lane at 10mph past a queue of stationary cars and one turned into your path, you might argue that the driver owed you a duty of care and as such was fully responsible (he/she would need to ensure the road was clear before they completed their manouvere and should be aware of the cycle lane). On the other hand, you hacking down the inside of cars at 25mph might suggest that you shoul be mindful of the danger of cars turning ahead of you... no simple answer I'm afraid....

    My thoughts exactly. I was probably going at around 15mph. There is no cycle lane on Balham High Road. The situation was pretty unlucky. As I said I had less than one car's length to stop. The driver was still essentially driving across a lane of traffic. The police were of the opinion that it is illegal to "flash" someone through traffic (not the drivers problem) and dangerous to accept the opportunity.

    Thank you all for your advice. I will be sending a letter to the driver today.

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