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.

 

I'm being followed after an accident

I am currently pursuing a personal injury claim following a motorcycle accident I had in 2016.  I was seriously injured and I was off work for over 12 months.  I have always liked to keep myself busy and although my injuries have curtailed my...

Crash caused by object in the road

Hello. I was coming into Birmingham on my Fazer in the summer and entered a roundabout and everything was fine. Then suddenly I spotted a bucket in the road right in front of me. I swerved to avoid it but came off and broke my wrist and thumb. A witness took...

Does medical negligence affect my claim

I had an off just over a year ago and managed to do myself a fairly nasty set of injuries to my left leg. Anyway the other side admitted liability early on and have been paying for treatment and have generally been fair up until recently. The issue is I was...

Fitness to ride

I am just approaching 70 and have sent all my documents off to Swansea to renew my licence. My problem is I have a motor home 2600KG and a BMW R 1200GS. in 2013 I was diagnosed with arrhythmia and had a pacemaker fitted that along with medication has cured...

Where can I get help with riding prosecution

I was riding home in London with my girlfriend on the back after a night out when I had an incident. This guy was road raging me so I decided to speed away from the lights to get away from him. Suddenly a pedestrian ran out in front of me and we collided. I...

Hedge trimmings caused accident

I was riding along a rural road between two villages. All of a sudden I was confronted by debris being spewed in my direction over a hedge from a field to my left. I came off and ended up in the hedge on the other side of the road picking up some nasty...

Disputed insurance valuation

I recently bought a second hand Honda Fireblade for £5,000 from a dealer. I thought it was a good price and I insured it for £5,000. The broker did not query the value. One week later I had an accident and the bike was written off. I have just...

Right to return new bike

I bought a new bike two or three weeks ago and was going to have a go at #ride5000miles, but the more I ride it the more I realise that I just don’t like the bike.  I took it for a test ride beforehand and was aware that there were a few niggles...

Can I be charged for medical records

I am 6 months into a claim after I was side swiped on the A1 in March. My solicitor is trying to arrange a medical appointment with a doctor to evaluate my injuries but the doctor will not see me until he has my medical records. My GP will not let my...

Swerved to avoid bird

I am helping my brother out with a claim and would like your view on the case. He came off his Bonneville when a car driver swerved into his path. The driver said he swerved because a bird flew across his windscreen and he thought he was going to hit it. My...

Life expectancy report

I was taken off my multistrada a couple of years ago and the claim for my injuries and monetary loss has been plodding along nicely until recently and I would be very appreciative if you could offer me some guidance. I was in the air force for 15 years and...

Accident at a roundabout - Who's at fault?

I was involved in an incident where I avoided colliding with a car that changed suddenly into my lane whilst at a roundabout. They were on the inside lane in very slow moving traffic (around 5mph), and I was between two exits. Due to me having to evade the...

Bike licence - what are the rules?

I have decided that I would like to get my first bike and wondered what the licence rules are. I don’t have a bike licence but have heard that I may not need one depending on the power of the machine. Is this correct? I have had a car drivers licence...

Compensation after a diesel spill

I decided to dust off my bike yesterday and go out for a ride due to the nice weather.  No more than ten minutes later I lost traction on a roundabout, and ended up with a smashed collarbone and badly bruised ribs.  My brother went to the scene of...

Can I ride one handed?

A friend of mine who is a traffic highway patrol officer has mentioned to me that I should be wary of riding with only one hand on the bars, because it could be found that I am not in “proper control” of the machine. Is it an offence to ride like...

Knocked off in France

I was on a riding holiday with friends in France over the Easter bank holiday when I was involved in an accident. I was riding at the rear of the group. A car was waiting to come out onto the road to my right. My friends all went past but he obviously...

Blow out accident

My cousin had an accident on his Fazer caused by a van coming the other way towards him having a tyre blow out. He has been told by his insurer that because it was a tyre blow out he cannot claim compensation from the van driver and the claim will go down on...

Bike accident caused by a child

Last September I was riding my GSXR to work in Birmingham. It was a single carriageway road with lanes in both directions with kerbs both sides and the speed limit was 40mph. I was probably doing about 25 to 30 mph. A child on a self-propelled scooter was on...

Liability for damage caused by helmet

I was popping into my local supermarket to pick up a couple of things and parked my bike up. I put the foot rest down and was getting off when the rest collapsed and in trying to rescue the situation I fell into the car next to me and hit it with my head....

Accident caused by falling tree branch

I was involved in a freak accident on 27 May. A huge branch just dropped off a tree into the road right in front of me and I braked but hit it and came off. My insurance (Highway) say it will be classed as at fault! Is this right? Walter Duroe, by e-mail ...

Collision with crashed car

Around 2 years ago I was riding my Triumph home from work along a main A road .The road is mainly a single carriageway, but at certain points forms a dual carriageway to allow for overtaking.   As the road became a dual carriageway I moved into the...

Compensation culture

I heard on the news that there are changes coming in to lower compensation for injuries in road traffic accidents. My wife was rear ended on her bike a couple of weeks ago at some traffic lights and is going through a claim for whiplash. Will she now get...

Commuting not covered

In October 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 but a problem has come up as my insurer is refusing to pay the other driver for his...

Cocaine pain

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

Canoe conundrum

Last weekend I was riding down to West Wales in the middle lane of the M4 motorway. Quite some way ahead of me in the inside lane was a transit van with two canoes on the roof. The green one suddenly came loose and flew through the air across the motorway...
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