MCN Law Columns

Bikelawyer's Andrew Campbell, is MCN’s Legal expert and columnist writing the weekly MCN Law column. Andrew has been writing for MCN for more that 10 years. Readers write in with their questions and Andrew answers them. Links to the weekly law columns can be found below.

 

Dog caused accident. Who pays?

I have recently been involved in an accident whilst riding to work. I had just pulled out of my street when a dog ran across my path causing me to fall off. Luckily I was travelling at slow speed so suffered no injuries, however my brand new motorcycle was...

Have I got the right lawyer?

I was involved in quite a nasty smash a couple of years ago when a BMW driver turned across my path and sent me flying over the bonnet.  I was in the hospital for three or four weeks, but I’m still feeling the effects to this day. I went with the...

Should I take a courtesy bike?

I have recently left hospital following an accident with a lorry. One of the first phone calls I received was from a company offering me a replacement motorcycle whilst mine is in the garage for repairs.  I'm still recovering from my injuries, so I...

Overbanding accident

Last week, I was riding my bike along a wet country road outside Newport and was going around a bend when my bike lost traction and I ended up in a hedge. I was able to pick myself up and went to look at the road when I saw that it had been repaired...

Are badly positioned sat-navs illegal?

I would be interested to know about the rules about fitting aftermarket satellite navigation systems in cars? I have seen them on windscreens partially blocking the driver’s view. Yesterday I passed a driver with the sat nav at eye height right in...

Child pillion - parental consent

I am divorced with a 16 year old son. My ex-wife is accusing me of breaking the law by having my son ride pillion on the bike without her consent. She quotes a bill of Parliament on riding as a pillion passenger stating that not only one but both parents...

Should I be getting a lockdown insurance rebate?

Some of my friends have had refunds on their insurance policies for using their cars and bikes less during the lockdowns.  I hardly used mine at all, but haven’t heard anything.  Is there a legal loophole or some other way I can make them...

Can I sue for an unlit skip?

A few weeks ago I was riding my bike, at night, along a poorly lit road having just finished my shift.  I was travelling within the speed limit when I suddenly noticed an unlit large object parked about 10 or so metres away from me in the carriageway. I...

Is 9 points justice for spinal injury?

9 months ago someone drove into me while I was driving my bike on a roundabout, I fractured my back and my leg in three places. I was in hospital for 2 weeks and still walk with a crutch. Yesterday I got a letter telling me the verdict of the criminal...

Are cyclists riding dangerously?

This time of year we are plagued by the usual infestation of MAMILs (middle aged men in lycra) on their bicycles. Each weekend we come up behind a group of them and usually one or more insist on riding close to the centre white line. This is particularly...

Accident at a bus stop

I was riding home in Swansea, one lane in either direction. In the oncoming lane was a bus that had pulled over. A car went to go past the bus but as he did so this guy walked out in front of the bus. The car swerved to the right to avoid him entering my...

Can I get lost earnings caused by going to physio ?

I was involved in an accident where a car did not stop at a stop sign and hit me on my motorcycle in 2018. The car driver admitted liability. I was injured and my medical expert recommended that I attend physiotherapy sessions. I attended physiotherapy...

How can I reduce speeding penalty?

I was recently zapped at 8am on a sunny Saturday but the road was still a bit damp. The speed was 84mph in a 60mph zone The road was very quiet at that time of the morning with no hazards or obstructions or junctions. When responding to the letter I...

Accident caused by oncoming Porsche

I have received a letter from a firm of solicitors seeking compensation for their client’s injuries in his car accident me and telling me to send the letter to my insurer. They claim their car driver had a serious eye injury from his airbag going off....

Can I claim for being too nervous to ride?

Eighteen months ago I was involved in a collision with a car that pulled across my path, causing me me some fractures and psychological problems. I was diagnosed with post-traumatic stress disorder but the symptoms are fortunately now only minor. My injuries...

What can I do about expired voucher?

I bought a tank bag from a shop in Doncaster. The sales assistant said I could take it home and try it on my bike and return it if necessary. It was too tall so I returned it. It was the salesman’s day off and another salesman refused to refund me. He...

Can I claim against emerging farm vehicle?

I was riding along a country road at 50 to 55mph and was just exiting a sweeping bend when I saw a large tractor/trailer emerging from a road to my left. It was moving into the road, blocking more and more of my path. I thought that the driver would see me...

Hit by car indicating but carried on

I was waiting at a junction to turn left onto a main road and because the car coming towards me from my right was indicating left, and looked like it was slowing down, I assumed he was turning into the road I was leaving. However, as I pulled out he collided...

Can I bank interim payment?

I had an accident when a car pulled out of a junction. I couldn't swerve as there was a car coming the other way. We collided and I went over the bonnet. My claims company sent me an “interim payment” from the third party’s insurer and...

Careless for filtering

I have been summonsed for driving without due care and attention. I was on a 30mph road overtaking a line of stationary cars waiting for a red light when a car a few back from the lights suddenly swung out in front of me and I collided with the front wing. I...

Do I need insurance for test ride?

There was a news story about 18 months ago of someone selling their motorcycle and the buyer takes it for a test ride. Unbeknown to the seller that person had no valid insurance and crashed the bike, seriously injuring two pedestrians. Apparently because the...

Is there a conflict with pillion claim?

In October I was riding along the A4 with my partner on the back and happily going along enjoying the ride. A car was waiting at a junction to our right, about 70 metres away and indicating to turn left. He pulled out on us giving me no time to react and...

Is my compensation going to be cut?

I was involved in an incident in early February when I was stationary at some traffic lights when a car shunted me from behind. I was obviously not expecting it but luckily managed to stay on my bike but was lurched forwards. It caused my head to be flung...

Insurer didn't renew my policy

I was recently pulled over by a traffic officer. They said their automatic records checking system showed that my Ninja was not insured. I told them I was insured and showed them an email on my phone with the insurance certificate. They were not interested...

What are provisional damages?

I have a personal injury claim going on which my solicitors have been dealing with for 3 years since my accident. Court proceedings were started in 2019 but the case keeps getting placed on pause. I understand it is because the main fracture in my right leg...
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