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.

 

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...

Driverless cars

I have read a few horror stories recently about driverless cars causing fatalities and this got me thinking. If I were to be knocked off my bike by a driverless car or bus and get injured who would be paying me compensation? Surely the owner would have a get...

PCP deals

Hi, not strictly a legal question, but with the great popularity of PCP finance as a means to getting a shiny new bike, I was wondering about financial liability if something happens to the person that has taken out the deal. For example what would happen if...

Diesel spills and the police

Last summer I lost control of my bike on a bend due to some diesel on the road.  I felt a bit shaken up but OK at the time and so I got up, dusted myself off and carried on with my journey.  My wrists started hurting when I got home and I later...

Causation

I had a no fault accident 6 months ago and the driver’s insurer admitted liability. They instructed a rehabilitation company but the insurance company is refusing to pay for physio to help my back and neck pain because they say they dispute causation...

Pedestrian v bike

I was riding my scooter to work when traffic came to a halt up ahead. There was nothing coming the other way towards me so I filtered past the traffic queue at about 20mph, not too fast in my opinion. Suddenly a bloke ran into my path and knocked me off. I...

Pothole Problem

I came off when my front wheel hit a pothole and unfortunately had some nasty road rash and a broken wrist as a result. I have complained to the council but they deny responsibility. The pothole, to my mind, was an obvious danger. What do I need to do to get...

Taking me to the cleaners

I was taken out whilst filtering on my Tiger in September 2016. My claim has gone very smoothly with my solicitors until we have reached a point where they cannot commit to advise me in relation to some help I received. Before the accident I did all the...

Run off the road

I had an accident when I lost control of my Fireblade because some moron ran me off the road and fled the scene. I had whiplash injuries, a broken collar bone and damaged my bike and leathers. I put a claim into the MIB because I had read something you wrote...

Can I keep my "written-off" bike?

Question Following an off my insurer appointed an engineer to examine my bike. He reported back to my insurer that the bike is a write-off and the insurer will not let me have the bike back. They say they will pay me and that the bike belongs to them. Is...

Will wrong trousers hit my payout?

Question I had an accident in the summer on my scooter. I was taken out when he pulled out from a side road into me. I tried to brake but it really was too late to do anything. I had left leg injuries but fortunately nothing too serious. My solicitor is...

I got hurt on a trackday but organiser won't accept blame

Events company denying responsibility for my injuries I had an accident in the summer at a track day organised by a well known company. I now have constant aching and the possibility of future surgery. The investigation the company undertook showed I hit...

Can I get two offences treated as one?

Question I have just received court papers to telling me I must appear in court for not being in proper control and driving without due care and attention. I was seen by a police officer performing two wheelies on the same stretch of road. I was not stopped...

Can I switch solicitors as progress is slow?

Question I am not happy with the lack of communication I get from my solicitors provided by my insurer following my accident. I am always having to chase them and each time I call no progress has been made but I always get an assurance that things will...

Can I claim for a child damaging my parked bike?

Question I parked my motorcycle on my front patio, whilst I took my car out. Whilst I was out, a young child, around 10 years old, came onto my property and climbed on the bike and then pushed it over, causing £1600 of damage. I contacted the police...

How long do I have to put in a claim?

Question Reading your story about the doctor’s accident, I thought you had 3 years from knowing the accident caused your injury to claim compensation, not 3 years from the accident date? David Cullen, by email Answer In England and Wales, there is...

How do I make sure I get a proper lawyer?

Question Reading your column in MCN makes me wonder how I would go about ensuring I get a decent bike lawyer if I needed one? What choice would I have with my insurance company and would it make a difference from one bike insurer to another? Is this...

Can I cash the cheque?

Question I had an accident when a car pulled out of a junction blocking my side of the road 'didn't see me'. I couldn't swerve as there was an oncoming car in the other direction. So hit the wheel arch and landed on his bonnet still holding...
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