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£400,000 for motorcycle accident victim of gravel spill

Mr D, an experienced motorcycle rider, was riding down an A road when disaster struck – he lost control of his motorcycle due to gravel on the road, which had been hidden by a shadow. He sustained a head injury with a bleed on the brain and serious fractures to his wrist, leg, and ankle which all required surgery and plating.

Mr D called several personal injury lawyers afterwards, but none thought he had good prospects of bringing a claim. Fortunately, a few months later, Mr D read an MCN Law column about claims caused by gravel and then contacted Bikelawyer, who agreed to help on a no-win, no-fee basis.

Bikelawyer’s first step was to initiate a claim against the local council and the Motor Insurers’ Bureau (MIB), which runs a scheme that can compensate the victims of diesel spills, shed loads, and hit and run type accidents.

The local council could prove that they had inspected the accident location shortly before the accident and found no issues and the Motor Insurers’ Bureau similarly rejected the claim.

With Bikelawyer’s support and expertise, an appeal against the MIB’s decision was filed. Initially, the arbitrator supported the MIB’s stance and dismissed the claim; however, Bikelawyer then presented additional evidence and compelling arguments which convinced the arbitrator to change his original decision and rule in Mr D’s favour.

The case continued and following negotiations was settled for an impressive £400,000 – a significant increase from the MIB’s initial offer of just £150,000!

Mr D’s solicitor, Ian Dexter, who previously wrote an article for the Law Society Gazette advising fellow solicitors on MIB claims, advised: “I am very pleased to have acted for Mr D in this case. Had he listened to the solicitors he originally contacted, he would not have pursued a claim and would have been deprived of the compensation he was entitled to”.

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