MCN Law Columns

Andrew Campbell, senior solicitor of Bikelawyer is MCN’s Legal expert and columnist writing the weekly MCN Law column. Andrew has been writing for MCN for more that 10 years. Readers write in with their questions and Andrew answers them. Links to the weekly law columns can be found below.

 

Commuting not covered

In October last year I was riding to work when I had an accident with a car on a roundabout. I agreed with my solicitor that I would be happy to take 50% of the blame but a problem has come up as my insurer is refusing to pay the other driver for his...

Cocaine pain

I have a compo claim due to an accident last summer. I was on the back of my mate’s bike as he was giving me a lift home. We had been at a friend’s BBQ and I didn’t see my mate drink any alcohol so I thought it was safe to go with him. What...

Canoe conundrum

Last weekend I was riding down to West Wales in the middle lane of the M4 motorway. Quite some way ahead of me in the inside lane was a transit van with two canoes on the roof. The green one suddenly came loose and flew through the air across the motorway...

Driverless cars

I have read a few horror stories recently about driverless cars causing fatalities and this got me thinking. If I were to be knocked off my bike by a driverless car or bus and get injured who would be paying me compensation? Surely the owner would have a get...

PCP deals

Hi, not strictly a legal question, but with the great popularity of PCP finance as a means to getting a shiny new bike, I was wondering about financial liability if something happens to the person that has taken out the deal. For example what would happen if...

Diesel spills and the police

Last summer I lost control of my bike on a bend due to some diesel on the road.  I felt a bit shaken up but OK at the time and so I got up, dusted myself off and carried on with my journey.  My wrists started hurting when I got home and I later...

Causation

I had a no fault accident 6 months ago and the driver’s insurer admitted liability. They instructed a rehabilitation company but the insurance company is refusing to pay for physio to help my back and neck pain because they say they dispute causation...

Pedestrian v bike

I was riding my scooter to work when traffic came to a halt up ahead. There was nothing coming the other way towards me so I filtered past the traffic queue at about 20mph, not too fast in my opinion. Suddenly a bloke ran into my path and knocked me off. I...

Pothole Problem

I came off when my front wheel hit a pothole and unfortunately had some nasty road rash and a broken wrist as a result. I have complained to the council but they deny responsibility. The pothole, to my mind, was an obvious danger. What do I need to do to get...

Taking me to the cleaners

I was taken out whilst filtering on my Tiger in September 2016. My claim has gone very smoothly with my solicitors until we have reached a point where they cannot commit to advise me in relation to some help I received. Before the accident I did all the...

Run off the road

I had an accident when I lost control of my Fireblade because some moron ran me off the road and fled the scene. I had whiplash injuries, a broken collar bone and damaged my bike and leathers. I put a claim into the MIB because I had read something you wrote...

Can I keep my "written-off" bike?

Question Following an off my insurer appointed an engineer to examine my bike. He reported back to my insurer that the bike is a write-off and the insurer will not let me have the bike back. They say they will pay me and that the bike belongs to them. Is...

Will wrong trousers hit my payout?

Question I had an accident in the summer on my scooter. I was taken out when he pulled out from a side road into me. I tried to brake but it really was too late to do anything. I had left leg injuries but fortunately nothing too serious. My solicitor is...

I got hurt on a trackday but organiser won't accept blame

Events company denying responsibility for my injuries I had an accident in the summer at a track day organised by a well known company. I now have constant aching and the possibility of future surgery. The investigation the company undertook showed I hit...

Can I get two offences treated as one?

Question I have just received court papers to telling me I must appear in court for not being in proper control and driving without due care and attention. I was seen by a police officer performing two wheelies on the same stretch of road. I was not stopped...

Can I switch solicitors as progress is slow?

Question I am not happy with the lack of communication I get from my solicitors provided by my insurer following my accident. I am always having to chase them and each time I call no progress has been made but I always get an assurance that things will...

Can I claim for a child damaging my parked bike?

Question I parked my motorcycle on my front patio, whilst I took my car out. Whilst I was out, a young child, around 10 years old, came onto my property and climbed on the bike and then pushed it over, causing £1600 of damage. I contacted the police...

How long do I have to put in a claim?

Question Reading your story about the doctor’s accident, I thought you had 3 years from knowing the accident caused your injury to claim compensation, not 3 years from the accident date? David Cullen, by email Answer In England and Wales, there is...

How do I make sure I get a proper lawyer?

Question Reading your column in MCN makes me wonder how I would go about ensuring I get a decent bike lawyer if I needed one? What choice would I have with my insurance company and would it make a difference from one bike insurer to another? Is this...

Can I cash the cheque?

Question I had an accident when a car pulled out of a junction blocking my side of the road 'didn't see me'. I couldn't swerve as there was an oncoming car in the other direction. So hit the wheel arch and landed on his bonnet still holding...

Has lawyer's lateness ruined my accident claim?

Question I am not best pleased. I had what I thought was a fairly simple accident claim albeit with serious injuries that have affected my job as a junior doctor but from a liability perspective should have presented little difficulty. However (and I now...

Help! This guy ran out on me while I was filtering

Question I was riding my Multistrada to work when traffic came to a standstill up ahead. There was nothing coming the other way towards me so I filtered past the traffic queue at about 20mph, not too fast in my opinion. Suddenly this guy ran into the road...

Can I ride on UK beaches?

Question I'm thinking of buying a motocross or trail bike to take on holiday with me to and ride on the beach. Are you allowed to just ride on any beaches or are there certain beaches that it's allowed on, if so, how do I find out if and where I can...

Unhelpful medical expert in my case

Question Following a bike accident in October 2014 I am getting mixed messages from the doctors treating me and the doctor instructed by my solicitor in my compensation claim. My treating doctors have diagnosed complex regional pain syndrome and I agree...

Does my crash mean double trouble in court?

Question I had an accident last year when I was overtaking a line of cars that were driving slowly on B-road. The person at the front of the queue turned right across me to enter one of those side of the road diners giving me no to time to avoid him. He...
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