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 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...

Horse manure claim

When travelling through a nearby village near Cardiff Airport I came to a bend and there was horse manure in lumps and spread over the road where the cars had driven through it. After about another 200 yards the traffic was all stopped. There was a group of...

Should the seller beware?

Six months ago I sold a 40 year old classic Honda 250 trail bike to a fella in the West Country. I live in Kent. Everything was fine, the bike was in really good order and he got a good deal at £2,500. I made a loss on what I paid for it. Fast forward...

Is a bee sting a defence?

In August I was out riding my Honda Blackbird when a taxi came across from the other side of the road and hit me knocking me off and injuring me. The taxi driver blamed his swerve on an insect bite on his hand and his lawyers are arguing I have no case for...

Can I claim against a cyclist?

I was riding along the Old Kent 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 crash into him out but lost control and came off myself. I ended up with lower leg injuries and am still...

Filtering accident blame

I was filtering along the outside of a row of slowly moving traffic just on the inside of the central white line at about 5mph faster than the cars I was passing when the car I was just drawing up to turned right across me. He did not indicate and I had no...

Is it illegal to warn of a speed trap?

After I saw a police motorcycle parked up in a layby I flashed my lights at some oncoming bikers to warn them as I drove away. I don’t think they were actually speeding but I was then followed by another police motorcyclist. He stopped me and gave me a...

Can I park my bike on a pavement?

I am writing to ask for advice on what is and what isn't allowed when it comes to motorcycle parking on pavements. Last week I got my hair cut and parked on the pavement outside. I was under the impression that this is allowed so long as the bike...

Can I park my bike on a pavement?

I am writing to ask for advice on what is and what isn't allowed when it comes to motorcycle parking on pavements. Last week I got my hair cut and parked on the pavement outside. I was under the impression that this is allowed so long as the bike...

Can I claim after accident caused by e-scooter?

I was riding along at a leisurely pace when a young lad on an e-scooter pulled out of a junction straight into my path.  I narrowly managed to avoid clattering into him, but ended up losing control and coming off for all my trouble.  Unbelievably,...

Dispute over crossing pavement to park

My neighbours have recently complained about me parking my bike on the tiled area at the front of my property and crossing the pavement to get it there.  They think that I need permission to keep my bike there and that I need to apply for a dropped...

Too nervy to ride. Can I claim the cost of a car?

I had an off in May and have been too nervous to get back on a bike and don’t see that changing in the future. In my compensation claim my solicitor told me I can’t claim for the future use of a car as rather than a bike. If I didn’t have...

Should I appeal after court refused me compensation?

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

Hit by a drug driver

I was leaving an out of town shopping centre at the end of June when exiting the car park onto the main road I was knocked off by young man in a car. He obviously didn’t see me. The police and an ambulance attended. The police tested the driver and he...
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