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.

 

Icy road accident

I’ve been trying to get 2 different water leaks stopped which run across a road at Five Ashes Road, near Mayfield in East Sussex. Southern water say it’s not their issue and that it’s a private leak and East Sussex Highways have looked...

Single justice procedure prosecution

I was recorded at 52mph in a 30 limit. I got the NIP on 16/8/18 and sent it back at once. I thought I was in line for 6 points and a hefty fine but heard nothing until 24/1/19 when I received a letter saying the evidence was being forwarded to the...

Spill on the road

I read in last month’s press about a strange incident where there was a spillage of around a ton of chocolate on a road in Westönnen, Germany. A tank of chocolate in a factory spilled and poured into the street. It then solidified. It took 25...

Drink driver accident

I was leaving an out of town shopping centre at the end of November when as exiting the car park onto the main road I was knocked off by a lady in a big Merc 4x4. She obviously didn’t see me. I managed to hobble to the side of the road and someone...

Sat-nav blocking driver's view

Could you tell me the rules about placing aftermarket sat nav systems in cars? I see them anywhere on windscreens including blocking the driver’s view. Yesterday I passed a driver with the sat nav at eye height right in front of her face! It seems that...

Rear ended at T junction - They say I'm to blame

I have a claim resulting from what I thought was as straightforward an accident as you could imagine! But I have received a letter from my solicitor saying the guy who hit me is alleging I was to blame. This is what happened. I approached a junction and as...

What to disclose on comparison site

I had an email from my insurer telling me they would automatically renew my insurance on my Ninja 650R. But the premium was 25% more than I paid last year. This did not seem right to me as I haven’t made any claims, so I went on to a comparison website...

Bike damaged by road gritting

I was riding my Vespa 125 along an A-road in Derbyshire the other evening travelling behind a truck. I kept a safe distance behind as I usually would. Suddenly orange/yellow lights lit up and grit started chucking out from the back of it. It turns out it was...

Crash caused by misleading indication

I was waiting at a junction to turn left onto a main road and as the car coming towards me from my right was indicating left and looked like it was slowing down I assumed she was turning into the road I was exiting. As I pulled out she knocked me off my...

Can I appeal a court decision

I was in court last week as a result of my bike accident in 2017. I was claiming against a taxi driver for injuries that I received in the accident but I lost the case. My brother said I should appeal and have a retrial. The facts of the accident were the...

Changing story after an accident

I was riding my Suzuki GSX-R125 in town when a guy in a Jag pulled out of a side road into my path. I took evasive action but ending up coming off and hitting a parked car breaking my collar bone and damaging my bike and kit. The other driver gave the police...

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...
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