I hit a car parked on a bend

Back in October I was out for a ride and was on a country road when I had an accident with a stationary car. The car was parked just around a sharp bend and I didn’t see it until it was too late. I had various injuries, luckily nothing too serious, but my bike was written off.

My insurer has said that the accident has recorded the accident as a fault claim, which seems unfair – I was well within the speed limit and the car was stopped in a dangerous place.

Can I claim compensation despite what my insurer says?

Ian H, by e-mail

Answer

Rule 243 of the Highway Code states that drivers should not stop or park on a bend. However, it is also established law that drivers should reduce their speed when approaching a bend in order to safely navigate around or stop in the event of an unforeseen obstacle (such as a parked car).

You may succeed with a claim against the driver, although there would likely be a significant reduction for contributory negligence, i.e. you would share the blame.

The court will balance the respective culpability of both parties and the result will come down to the specific circumstances of the accident. For example, whether your speed was reasonable in all the circumstances and why the car was stationary where it was.

To maximise your chances, it would be a good idea to instruct a specialist motorcycle accident solicitor to deal with your claim.