Does memory loss mean I can’t claim?

I had an accident while filtering past slow moving traffic. The driver who hit me claims that he was indicating to turn right and that I was speeding.  I don’t remember the accident as I hit my head, but there were witnesses. My lawyer has said that they are going to drop my claim due to the lack of evidence. This all seems terribly unfair.  Is there anything I can do?
Mathieu, Greenwich

Answer

The fact you cannot remember the accident does not automatically block you from claiming compensation.  The claims process will not rely solely on your memory: what matters is whether the evidence can establish who was at fault.

Evidence can come from a variety of sources. Police collision reports are often the backbone of a case. Independent witnesses, helmet-cam footage, dashcams from nearby vehicles and CCTV can all fill in the blanks. Even the damage pattern on the bike or road can help reconstruct the sequence of events and reconstruction expert evidence can be obtained.

The key is to get proper legal advice early. A specialist solicitor will gather the evidence you can’t, speak to insurers on your behalf, and ensure your lack of memory isn’t used unfairly against you. So, if you don’t remember the crash, don’t assume your claim has to fail. I suggest you instruct a solicitor specialising in motorcycle accidents.