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.

 

Where do I stand after bike fell off recovery truck?

My bike was recently recovered from the roadside after a breakdown. They must not have secured it properly because, at some point in the journey, it came off the lorry and was dragged behind it. Communication since then has been extremely shoddy,...

Is there an MIB for E-scooters?

In May I was riding my BMW to work in Reading. It was a single lane road in each direction with kerbs both sides and the speed limit was 30mph. I was probably doing about 25 to 30 mph. A kid on a scooter was on the kerb coming towards me on my side of the...

Do I have to settle after U-turn accident?

A few weeks ago I was out on a ride in Wiltshire. I came up to a row of stop start traffic so I carefully rode by the queue on the outside. I was going about 30 on a 60 limit road, a speed I thought was safe as I know the road well and there were no...

Who is to blame for pedestrian collision?

I was riding my Tiger to work when traffic came to a stop ahead. There was nothing coming the other way so I filtered past the traffic queue at about 20mph. This guy stepped out into my path and knocked me off. I was a bit bruised and shaken and my bike...

Cocaine and riding

I have an ongoing claim from an accident last summer. I was on the back of my brother’s bike as he was giving me a lift home. We had been at a friend’s house and I didn’t see my brother drink any alcohol so I thought it was safe to go with...

Can I claim after a near miss?

I had a near miss last weekend which I can’t stop thinking about.  A car pulled across my path from a junction and the driver didn’t even seem to realise what they had done. I managed to brake hard enough to avoid hitting the car, but I...

Is it fleeing the scene negligence?

I had an accident when I lost control of my Hornet because I was run off the road by someone who fled the scene. I had modest injuries and damage to my bike and leathers so I put a claim into the Motor Insurers’ Bureau. But they have rejected it saying...

Does my insurance cover commuting?

In September last year I was riding to work when I had an accident with a car on a roundabout. I agreed with my solicitor that I would be happy to take 50% of the blame as I agreed we were both equally at fault and it was just an accident. However my insurer...

Why do they want a life expectancy report?

I was knocked off my Vespa 18 months ago and my compensation claim is well underway. I was in the navy for 10 years and steadily getting promoted. Due to the accident I was medically discharged and have recently started working in IT. I will now lose...

Solicitor will act for me but not my son

I had an accident two weeks ago. I was carrying my 15 year old son on the back when a van pulled out of a side road without looking. Fortunately I was able to swerve out of the way and there was nothing coming in the opposite direction. However we both hit...

Can I change solicitor mid-claim?

I am not happy with the lack of communication I get from my solicitors provided by my insurer following my accident. I am always having to chase them and each time I call no progress has been made but I always get told that things will improve. I have had...

Insurance increase after no fault accident

I have fully comprehensive insurance. A car pulled out of a junction into my path. I was luckily not injured other than bruising but my bike and leathers were damaged. He admitted it was his fault and his insurers fixed my bike and paid towards new leathers....

Do I have to pay sick pay in full?

In August las year I was knocked off my bike by a car who pulled out of a side road and I was unable to work for 4 months. I have been sent the medical report of the doctor the other side’s lawyer wanted me to see and it says that only 1 month off work...

Can I claim future medical costs?

I had an accident in 2020. I am getting towards settling my case and my solicitors sent a statement of financial loss to the other side’s solicitors with a list of the money I am claiming. I was advised to claim the costs of private surgery for a hip...

What if I can't remember the accident?

I had an accident when overtaking on my way to work. The driver who hit me said I was going well above the speed limit. He said he was attempting to turn right and was indicating.  I can’t remember the accident but there are witnesses. Some of...

Is it too late to claim?

I had quite a bad accident in May 2018 caused by a hit and run driver. I was in hospital for a few weeks and have not fully recovered. I have been experiencing psychological symptoms which is not like me at all. I recently found out that I could have claimed...

Is legal expense insurance worth it?

I am renewing my motorcycle insurance and previously I paid extra to include legal insurance.   I’ve never had to use it and with the increase in living costs, I was wondering whether legal expenses cover is actually worth it? Tom,...

Can I sue my bad lawyer?

Just over 3 years ago I came off on a diesel spill on a roundabout.  It covered about a quarter of the roundabout. The police told me that there was nothing they could so and my insurer gave me a solicitor but because they never found out which vehicle...

Can I ride bike to MOT test?

If my MOT has expired, how would that affect my insurance while riding to the MOT test station? My friend says that I would not be insured to ride to the test station because my MOT expired last month so not to do it but my brother who works in car insurance...

Can a passenger be prosecuted?

As I was filtering between two lines of stand still traffic a passenger in a car in the outside lane opened his door to get out of the car. I couldn’t avoid crashing into the door and flew off my bike. I have a fractured shoulder and wrist. I have a...

Is an apology an admission?

Two weeks ago I was riding home from work and filtering through heavy traffic when a car came out of a side road and I collided with the front of it. I was a bit shocked and luckily only had minor injuries. I apologised to the car driver straight away as I...

Will I get less compensation for wearing the wrong boots?

I had an accident in September on my Vespa. I was knocked off when the other driver pulled out in front of me at a junction. I tried to brake but it really was too late to do anything. I had left leg injuries but fortunately nothing too bad. My solicitor is...

Dealing direct with the other side. Is it a con?

I had an accident 5 weeks ago on the morning commute and the other driver’s insurers have contacted me and said that I don’t need a solicitor to claim compensation.  They have already repaired my bike and have offered me compensation without...

How can I prove I was dazzled?

I have an issue with my compensation claim following a bike accident that happened at night in November. I was returning from my shift at the hospital I work at. I was on a rural road when a car came around a bend towards me which I think must have had its...

Can I filter on chevrons?

I was filtering slowly past a line of slowly moving cars on the right hand side using the area within the broken chevrons. When I was next to one car it pulled out to the right and knocked me off. I couldn't have avoided it by braking or steering as I...
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