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.

 

Can I claim for crash on winter grit

On Saturday morning, I had a low speed accident on a roundabout that was heavily gritted. The front wheel went from under me half way around it and I believe it was because of the grit. Although it was dry it was a bit frosty out. Would it be silly to try...

Riding without insurance

I got pulled by the police. They said their records showed that my bike was not insured. I explained that I was insured and used my mobile to show the Insurance e-mail I had with the certificate. They were having none of it and said that their records show...

Late penalty notice after house move

I recently moved house but before I could change the address on my driving licence I was caught by a speed camera. My former landlord didn’t forward the penalty notice to me and I have just received a court summons. I would have been happy to accept...

Who is at fault for filtering crash

I was filtering down a line of slowly moving traffic just on the inside of the central white line at about 5mph faster than slow-moving traffic, when the car I was just drawing up to turned sharply right across my path, without indicating; I had no chance to...

Should I appeal court decision

I was in court last week as a result of my bike accident. I was claiming against a car driver for injuries caused in the accident but I lost my case. My brother said I could appeal the court’s decision and have a retrial. Basically the accident...

Accident after road repair

Last week, I was riding my bike along a wet country road in North Wales and was negotiating a bend when my bike lost traction and I ended up in a ditch. Fortunately I was able to pick myself up and when I went to inspect the road I noticed that the road had...

Can I claim against a reckless cyclist

I was riding along the Finchley Road in London when a cyclist came out of a side road to my left without stopping at the junction. I did my best to not take him out but lost control and came off myself. I ended up crushing my ankle and am still on crutches....

Is it illegal to warn of a speed trap

After I saw a police motorcycle parked up by the road I flashed some other bikers as I drove away. I don’t think they were speeding but I was then followed by another police motorcyclist. He stopped me and gave me a fixed penalty notice saying I had...

Diplomatic immunity

No one can have escaped the recent news surrounding the tragic story of the biker killed in an accident with a US diplomat’s wife. Who does diplomatic immunity apply to and are there other “immunities” available to prevent prosecutions and...

What are the pillion rules

What are the rules on carrying a passenger on my bike and is there an age limit on being a pillion passenger? I ask because my wife is showing an interest as is my daughter! Allen Tunnock, Bath Answer If you want to carry a passenger on your motorcycle...

What exactly is contributory negligence

What exactly is contributory negligence?  I’m in the process of making a claim after I was knocked off by a car which just pulled into my path from a garage forecourt, as I was filtering through traffic. My solicitor told me that liability for the...

Accident on an Orca lane separator

Last month I was riding along, minding my own business, when I lost the front end on an ‘Orca’ cycle lane separator.  The Orca was supposed to be parallel with the white line for the cycle lane, but it was horizontal and protruding into the...

Can I filter over chevrons

I was out riding last month and approached a long line of stationary vehicles that were queueing because of temporary traffic lights. To make progress I started filtering on the right of the traffic using an area with broken chevrons.   As I...

Do I need mirrors on my Vespa

My Vespa recently had a wing mirror broken and I was wondering if it is legal to have just one wing mirror? No one seems to know. Cheers Ben, London Answer The answer lies within The Road Vehicles (Construction and Use) Regulations 1986. There is no...

Are E-scooters legal

There seems to be a lot of confusion surrounding the use of e-scooters on the road and I heard various news stories on the subject last week. I have one which I use for commuting and would be grateful if you could clarify if they are actually legal to use? ...

Knocked off by driver on mobile

I was knocked off my Hornet by a young lady who was using her mobile phone whilst driving rather than concentrating on the road and other people on it. She just swerved into my path. Fortunately I was not too badly hurt with just scrapes, cuts and bruises...

Help, My insurance has been cancelled

I am a named driver on my wife’s insurance and I had a collision on a roundabout when driving her car.  Liability for the collision is disputed. The collision coincided with my retirement. After informing my insurer that I had been involved in an...

What is the best way to fund my claim

I have been looking into ways that legal claims are funded for my sister but am a little confused. What is the difference between conditional fee agreements and contingency fee agreements? Gary Balfrey, by e-mail Answer When a solicitor acts for a client...

Driving without due care and attention

I have been accused of driving without due care and attention. I was 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 have a witness who...

Came off while avoiding pedestrian

I would be grateful if you could help me out as my insurer is not helping me. I was riding home in Canterbury, one lane in either direction both fairly wide. In the oncoming lane was a bus that had pulled over to let people on and off. A car went to go past...

Accident caused by foreign driver

A Spanish lorry driver I was overtaking on the M4 near Reading suddenly changed into my lane. Fortunately the traffic was slow moving due to congestion otherwise it could have been much worse. He either did not look in his mirror or did but just could not...

Can I claim cost of driving if I can't ride

In my accident claim my solicitor tells me I can’t claim for the future use of a car as opposed to my motorcycle. If I didn’t have the accident, I would have continued to use my bike most of the time, not the car. The car is far more expensive to...

Accident caused by emergency stop

I was injured in an accident which was caused by the driver in front of me suddenly slamming on her brakes when a traffic light turned to amber. I am now wanting to make a claim against her/her insurance as I am out of hospital and it will be a few weeks...

Crash with emerging vehicle

I was travelling along a country road at 50mph and was just exiting a sweeping bend when I was met with a large farm vehicle emerging from a road to my left. The vehicle was moving into the road, blocking more and more of my path. I assumed that the driver...

Can the police knock riders off in a chase

I just read that a police driver was taken to a disciplinary tribunal for knocking a criminal off his moped. The officer was cleared eventually but was under investigation for years. It must have been hell having that held over him for all that time! I...
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