Am I at fault for collision with dangerously parked car?
Last month, I was out riding on some quiet country roads when I was involved in an accident with a parked car. The car was parked on a sharp bend next to a field gate. Luckily, I avoided any serious injuries, but I hurt my shoulder, and my motorcycle was badly damaged. I have spoken to my insurance company and they told me that this accident would likely be marked as my fault. This seems harsh. I was riding below the speed limit, and the car was parked in a dangerous place. Is my insurance company wrong?
Ben, Cambridge
Answer
I’m sorry to hear about your accident.
Unfortunately, these cases can be difficult. As a starting point, Rule 243 of the Highway Code states that you should not park on a bend. However, it is also an established law that drivers should reduce their speed when approaching a bend in order to safely navigate around or stop before an obstacle (such as a parked car).
There is a chance you will succeed in your claim, although if you do, it will likely involve a substantial reduction for contributory negligence.
The court will balance the respective culpability of both parties and the result will come down to the specific circumstances of the accident. For instance, was your speed reasonable in all the circumstances and was there a legitimate reason the car was parked where it was? To get the best possible outcome, it would be useful to contact a specialist motorcycle solicitor to discuss taking your case on.
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