Well, sadly it looks like my claim is dead in the water! Turns out the witness statement came from the car behing the third party, and they reported that the other party had been indicating for some time before the collision.
I've gone over the accident numerous times in my head, and I honestly don't recall seeing an indicator until my front wheel had pretty much reached their rear bumper. The cars behind the TP were bumper to bumper so I can only assume that the indicator was obscured...
The Solicitor has told me that if I wish to proceed, I will have to pay for the Police report; but I don't think this is going to help - any cars behind the witness will be unlikely to have seen any indicator, just because of how close they were to eachother.
Going to have a read of their letter when it comes through, as I'll need weigh up the costs going forward, if I choose to fight - I'll be paying for Doctors reports, Court fees etc etc! Presently, I'm not liking the chances of success Vs the costs I'll have to pony up - hopefully I can still go for 50/50 but I think any Personal Injury stuff is a non-starter now; guess I'll have to chalk it up to a painful experience, and hope it doesn't become a costly one now!
As for the bike repairs..... it's still sat in BMW awaiting staff to look at it.
Edit: looking at about 2k in costs - but I really don't think there's much chance of success, so I reckon it'll be good money after bad.
I've asked my Solicitor to try for 50/50 - hoping that will at least give me some avenues to recover some of my costs, and maybe pay something for the whiplash my GP found - though I'm not dead set on getting a payout now, I'd quite like to put this all behind me (but every little helps and all that). Irrespective of the TP indicating, I'm pretty sure the Highway Code is pretty clear that they still need to check everything is clear - but I'll have to leave that to the Solicitor/Insurer to work out (sadly we both have the same Insurer!)
Something odd that cropped up though - and I'm not sure where I stand: after the accident I was put in touch with a Solicitor via my policy; I didn't get the best impression from them, after the initial phone call - and once I provided all the photos etc I had, they went into radio silence and didn't even acknowledge my emails.
I chased them up a week or so later, to see if they needed anything else, or if they were actually dealing with my claim - they then sent an ail with all the legal documents and a digital document link to sign - their email clearly stated that if I didn't sign, they wouldn't be able to act for me. As I had chosen my own Solicitor whilst they went into that period of no Comms, I decided not to sign anything and leave it.
Turns out this Solicitor did in fact start acting for me, by obtaining the witness report etc - so I'm hoping I won't have incurred any costs with them; considering I never signed the documents and provided my ID to officially instruct them to act on my behalf...