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.

 

Is my compensation going to be cut?

I was involved in an incident in early February when I was stationary at some traffic lights when a car shunted me from behind. I was obviously not expecting it but luckily managed to stay on my bike but was lurched forwards. It caused my head to be flung...

Insurer didn't renew my policy

I was recently pulled over by a traffic officer. They said their automatic records checking system showed that my Ninja was not insured. I told them I was insured and showed them an email on my phone with the insurance certificate. They were not interested...

What are provisional damages?

I have a personal injury claim going on which my solicitors have been dealing with for 3 years since my accident. Court proceedings were started in 2019 but the case keeps getting placed on pause. I understand it is because the main fracture in my right leg...

Why can't I settle my case now?

I have a personal injury claim going on which my solicitors have been dealing with for 3 years since my accident. Court proceedings were started in 2019 but the case keeps getting placed on pause. I understand it is because the main fracture in my right leg...

Motorbike helmet came off in accident

My opponent’s solicitor in my personal injury claim has queried whether I was wearing a helmet during my accident, as I sustained facial fractures. They say that they don’t think I was but even if I was then it cannot have been strapped up...

Why does my compensation claim keep getting delayed?

I have a question about the delays in my compensation claim resulting from my bike v car accident 18 months ago. The court has cancelled a hearing twice, not a trial but some administrative hearing to agree a time table and costs. It is getting really...

Can I use old more powerful 125cc for CBT?

22 years ago I rode a fast 2 stroke 125cc on a CBT.  Due to the way 2 strokes worked the majority had to be factory restricted. Now manufacturers only produce 4 stroke 125's which can only reach 12-15hp at a struggle. Coming back to motorcycling...

Can I appeal fitness to drive decision?

I am soon to be 70 years old and I have sent all my documents to the DVLA to renew my licence. I have a car as well as my BMW touring motorcycle. In 2016 I had a pacemaker fitted that along with medication has cured my arrhythmia but the DVLA saying I am...

Could poor medical treatment effect my claim?

I had an accident a year ago and my right leg had a couple of nasty fractures. The other driver’s insurer admitted fault early on and has been paying for treatment. The problem is that I was in for some treatment and the hospital messed up an operation...

Surveillance after bike injury claim

I have a personal injury claim following a motorcycle accident in 2018.  I was badly injured and I was off work for nearly a year.  Although my injuries have hampered my hobbies I have continued to work on my bikes and DIY projects.  Last week...

Obstruction in the road claim

I was riding into Sheffield on my R1 in the summer and entered a roundabout. I suddenly spotted a pallet in the road ahead of me. I swerved to avoid it but came off and broke my wrist and dislocated my shoulder. A witness took photos of the pallet and gave...

Who's liable for roundabout accident?

I was involved in an accident when I avoided hitting a van that changed suddenly into my lane on a roundabout. He was on the inside lane in very slow moving traffic (around 5mph), and I was between two exits. Due to me having to avoid the van the bike hit...

Can I claim against french driver?

I was on a riding holiday with friends in France in September 2019 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 didn’t see...

Liability for overtaking crash

I was riding my Suzuki Hayabusa in May when I was involved in an accident. The police report finally arrived a month ago and my solicitors have said that the likely liability bracket is between 0% and 100%. This does not fill me with confidence that they...

Motorbike licence rules

I have decided 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 licence for years. Also, what would...

Refund after cancelled MotoGP event

I wondered if you could help? I bought 5 gold tickets for the Czech Motogp through the Motogp website, Dorna Sports. I received an email offering a refund in early summer. I am still £500 out of pocket and think there must be hundreds possibly...

Is it illegal to ride one handed?

Whilst out riding with a couple of mates we got pulled over by the police.  Apparently the officer saw two of us riding with one hand on the handle bars and gave us a warning out of courtesy that this was not safe and we could prosecuted for a riding...

Can I claim for moped v e-scooter?

In June I was riding my moped to work in Cardiff. It was a single lane road in each direction with kerbs both sides and the speed limit was 30mph. I was probably doing about 25 to 30 mph. A kid on a scooter was on the kerb coming towards me on my side of the...

Time limit for prosecution after flashed by speed camera

First of all, I’m a big fan of your column in MCN. It’s very insightful and always useful for future reference. My question is, I received a speeding fine on the 23/08/2020. However, I’m aware of a law (though I don’t know the ins and...

Rights after dealer left me out of pocket

I recently viewed and agreed to buy a bike from a dealer who was selling it on behalf of a customer. When I viewed the bike the v5 and service records were not present. I was told this was because the bike was only dropped off at the dealers the day before I...

Commuting not covered by insurance

In December last year I was riding to work when I had an accident with a small van on a roundabout. I agreed with my lawyer that I would be happy to take 50% of the blame as I agreed we were both equally at fault / it was just an accident. But a problem has...

Pillion behind rider over the limit

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

Bike hit by U-turning car

Last summer I was out on a ride on a sunny Saturday in Hampshire. I came upon a long row of stop start traffic so I decided to carefully ride by the queue on the outside. I was going about 30 on a national speed limit road, a speed I considered to be safe as...

Finance agreement outstanding on bike I bought

Last month I bought a second hand motorcycle from a private seller for £4,000. I have just received a letter from a finance company claiming that there is outstanding finance on the motorcycle which needs to be settled.  I was completely unaware...

Collision with pedestrian

I was riding my scooter to work when traffic came to a stop ahead. There was nothing coming the other way so I filtered past the traffic queue at about 20mph. A lady ran into my path and knocked me off. I was a bit bruised and shaken and my bike needed...
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