£404,000 settlement for biker injured due to an untraced driver’s negligence

Mr Z was riding his motorcycle following another vehicle around a bend in the road when  an oncoming car overtook a cyclist on the bend, encroaching into Mr Z’s lane.

The car in front of Mr Z carried out an emergency braking manoeuvre resulting in a 4-wheel skid.  Mr Z also took emergency action when confronted with this combined hazard, however as a result of this emergency action on a bend, he was thrown from his bike.

Mr Z was injured in the accident including a subtle but life-changing brain injury.

The oncoming car did not stop at the scene and so a claim was submitted by Bikelawyer to the Motor Insurers’ Bureau (MIB) under the Untraced Drivers’ Agreement on the basis that the car negligently performed an unsafe overtaking manoeuvre, resulting in Mr Z’s injuries and financial losses.

The MIB rejected the claim citing a lack of evidence and blaming Mr Z for the accident.

Bikelawyer appealed to an Arbitrator who accepted the appeal, finding in favour of Mr Z, albeit with a finding of 20% contributory negligence for not leaving a big enough space in between him and the car in front. In error, the MIB sent the file to two Arbitrators (rather than one) to consider the appeal.   Despite the first Arbitrator finding in favour of Mr Z, the second Arbitrator dismissed Mr Z’s case in full.

Bikelawyer persuaded the MIB to honour the first Arbitrator’s decision.

This case highlights the importance of injured bikers consulting specialist motorcycle accident solicitors like Bikelawyer for advice.