My helmet came off in the accident

I had motorcycle accident last summer – I was filtering when a car in the line of traffic pulled out and clipped me. I am making a personal injury claim and the third party insurer has asked if I was wearing a helmet as I had various facial injuries as well as other injuries. They are alleging that I should accept reduced compensation I either wasn’t wearing a helmet, or if I was, that it was not strapped up properly as it came off.

I was wearing a helmet and I don’t know how it came off. I can prove I was wearing my helmet but how can I prove it was properly strapped on? Will I receive reduced compensation because of this?

Roger Woodgate, by e-mail

Answer

Surprisingly, there was a European study which revealed helmet loss occurs in almost 13% of motorcycle accidents. I cannot find any authoritative research on why this might be, but it is believed to be due to badly fitting helmets or an issue with chin straps. However, it is also the case that well fitted helmets can also come off.

In the legal case of Capps v Miller the Claimant’s compensation was reduced by 10% for failing to do up his chin strap (compared to 15 – 25% for failing to wear a helmet). However, contributory negligence is for the Defendant to prove, so you should refuse any reduction to your compensation and ask them to prove it – stating that you always did the strap up properly.