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.

 

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...

Insurance hike after no fault accident

I was involved in an accident just over 3 months ago. Luckily I was not injured but my motorcycle was badly damaged. I have just had my bike repaired and I’m now ready to get back on the road.  The thing is, my insurance premium is also up for...

Can I bring a private prosecution

I was injured in an accident which was a car driver’s fault but instead of prosecuting him they let him off with a driving course.  I’m currently making a claim but I wanted to know If I was to bring a civil prosecution against him, would...

Will the MIB help after hit and run

I discovered the Motor Insurance Bureau following some research after an accident in which someone knocked me off my Vespa but then fled the scene. Luckily (although very painfully) I only had a couple of cracked ribs but I was off work for 2 weeks and my...

Is there a conflict of interest

In May 2018 I was riding my Goldwing on the outskirts of Guildford with my wife on the back and happily going along listening to music. A young lady was waiting in her car at a junction to our right, about 60 metres or so away and indicating left. She pulled...

Can I claim for trauma

Two years ago a minibus sideswiped me, causing me to sustain multiple fractures and psychological issues. I was diagnosed with post traumatic stress disorder but the symptoms are now only minor luckily. My injuries have healed but I had to buy a car as I am...

Compensation despite criminal conviction

I have been convicted of driving without due care and attention/careless driving after I was involved in an accident. I was riding in a bus lane in London (allowed at that time in the morning) and went to undertake a car driver in the outside lane who was...

Can I settle my claim now

I’ve got a personal injury claim which my solicitors have been dealing with for 4 years after my accident. Court proceedings were started in 2017 but the case keeps getting placed on pause. I understand it is because the main fracture in my left lower...

When can police pull me over

The law pulled me over at the side of the road. They said their automatic records checking system showed that my Hayabusa was not insured. I made it clear I was insured and showed them an email on my phone with an attached insurance certificate. They were...

Should I bank an 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...
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