{title}
LATEST NEWS
Involved in a road traffic accident? Wasn't your fault?
Our Commitment
1.

Red Tick Image Your case will be handled by a specialist lawyer, specific to your claim


2.

Red Tick Image Your claim will be on a No Win No fee basis (all costs will be claimed from the other side)


3.

Red Tick Image We offer an advocacy service to help you access local services and support entitlement


4.
Red Tick Image

Serious Injury claims: immediate financial assistance will be sought for your financial security and peace of mind for you and your family


5.

Red Tick Image Serious Injury claims: a team of experts, will be appointed all of whom are specialists in the field of ABI


6.
Red Tick Image

Serious Injury claims: we will co-ordinate a tailor-made rehabilitation and support package


7.
Red Tick Image

Serious Injury claims: we can access return to work /vocational support and re-training services; regular updates/a team based approach/approachable and straightforward

"...really impressed with the level of correspondence, helpfulness and clear explanations"

We're here to help road traffic accident victims recover their out of pocket losses and compensation.

The road traffic accident team will obtain all the evidence needed to get an admission of fault from the insurance company, and we have the expertise and experience to successfully fight cases through to the best possible conclusion for the clients - something we are very proud of. We'll arrange the medical appointments for the personal injury claim, arrange inspection of vehicles, speak to witnesses and the police, and put the case forward in order to get the best compensation settlement possible.

Within the road traffic accident team, we have a specialist group of claims handlers who deal specifically with cases where we have had to issue court proceedings in order to push for an admission of fault, or for a greater offer of compensation. They will guide clients through the court process, all the while fighting to get the claim settled on the best possible terms.

In addition, we have a group handlers within the team who deal with and specialize in the more serious injuries in the team, including broken bones, fractures, psychological injuries and complex injuries which require more than one medical expert.

Tips of Law

Essential information to enable you to successfully pursue your claim Here are some useful tips to remember id you ever need to pursue a Road traffic Accident claim...

After The Accident

As experienced road traffic accident solicitors we deal with motorcycle accidents day in, day out and we know what is in the forefront of the riders' mind when accidents, as they do, occur. Yes, when you come off your bike for any reason, you're likely to be injured. That stands to reason.

And often you're in so much pain that at that moment nothing else really matters. But if you are able to focus at this time there are some essential pieces of information that you will need to make sure that you can successfully pursue your claim against the driver who hit you and caused all this grief in the first place.

It goes without saying but the most important thing you need to do is make sure you've got the registration number of the other driver and his name, address, telephone number and insurance company details.

We deal with cases all the time where drivers have to be chased for their insurance details. Even if the Police have been called to the scene of an accident and have taken statements, it can take a while to get information from the Police about the other driver's insurance, so if you can get details on day one, it can save a lot of messing about later. The second important things to think about following an accident are WITNESSES. You can't always assume that the driver is going to hold his hands up and admit to his imperfect driving. In fact, in our experience, quite the opposite normally happens. The other driver's story can sometimes change and if you have not obtained the names of the witnesses at the scene then you might have difficulty proving your case later on. Always check around to see if anyone saw what happened and get their names, addresses and telephone numbers.

Finally, in our experience it's always a good idea to contact the police. Even if they are often not interested, at least you've made the call. Ask them to record the accident.

Liability

All motorcyclists know that they are the safest road users. They take pride in their riding. It takes experience and expertise to ride a motorcycle safely.

Many bikers start small but move on to bigger and better machines as their experience grows. But sometimes amount of experience can help to avoid an accident caused by human error on the part of the other driver involved.

If an accident was considered by the Court to have been partially caused by you, the motorcyclist, then the Judge would reduce the compensation awarded accordingly. For example, if you were considered to be 25% to blame then you would recover 75% of your compensation.

Our job as motorcycle solicitors is to make sure that we use our knowledge of biking, groomed by over 20 years of dealing with motorbike accidents, to give us the best arguments in countering the allegations that may be made against our clients.

Obviously, you can't always escape liability. If you were speeding, you were speeding. If you were overtaking where you shouldn't, you're going to have to accept at least part of the blame.

But because we've seen it all before, we're pretty sure that with every scenario we will have a good idea from an early stage whether you've got a decent shout at a claim or not.

So if you find yourself in this situation call Bikelegal now for a free assessment as to whether you may have a claim.

Euro Fine Loophole Closed

For any of you who travel to Europe, the loophole that allowed speeders to avoid fines if you were caught speeding abroad has been closed by another new EU Law passed on the 24th February 2005.

If you are given a fine or penalty notice for any amount over £50.00 in another EU country, British officials will be obliged to collect the money owing when you get home to Blighty. This new rule will be implemented in 2007.

The only exemption will be if fines are under £50.00, if the paperwork is not in order, or if the alleged offender is under the age of criminal responsibility in their own country.

One point - those collecting the fines are now allowed to keep the fine money in their country rather then send it back to the country where the offence was committed.

Insurance

It may not surprise you to know that insurance companies consider insuring motorbikes to be a high risk area of insurance. They take the view that it is extremely easy to get on the road, a full car licence entitling you to ride a learner bike and moped and the CBT only takes one day to complete.

Their statistics suggest that nearly 15% of riders have 'come off their bike' in the last 2 years. 5% of one leading insurer's customers had their bike stolen in a 3 year period and 4% had the bike vandalised. In Britain alone 33,000 bikes worth £55 million are stolen per year, on average one every 16 minutes. 86% are never recovered and 75% are stolen from their owners' homes. The theft rate is so high because it is very easy to steal a motorbike. It is common for bikes to be stolen, dismantled and for the parts to be sold.

The more secure the bike, the lower the premium. Discounts are available for alarm systems with ignition immobilisers and small discounts for mechanical security. New forms of security include ultraviolet marking to protect parts and tracking systems, data tags introduced in the 90's and built in security systems in the newer machines.

ore and more people are turning to 2 wheels. There has been a sudden boom in sales of stylish scooters and mopeds thanks to the likes of Jamie Oliver and Liam Gallagher. The hope is that the more two wheelers there are on the road, the more recognition they will get, and that the government will do more to integrate them into the transport strategy and maker it safer for them to be on the road.

No MOT?

What can you expect: this carries a non-endoreseable fine of up to £1000.00. Your insurance company may say that as you did not have an MOT, your insurance is invalid.

Your insurance company would have to meet any third party claim made against you depending on the wording in your policy document, but be warned - they can come after you for you payment direct.

It is best to remember to have the MOT carried out.

Overtaking

One of the most frequent accident situations that we come across is where the biker is filtering past a queue of stationary vehicles. In the very famous case of Powell v Moody, the biker was overtaking the queue when the car driver pulled out of a road on the motorcyclist's left, passing through a gap in the queue to turn right, having been signalled out by another vehicle. The car driver inched out and the motorcyclist collided with him. In this case the motorcyclist was found to be 80% to blame.

The Court of Appeal said that any vehicle which jumped a queue was 'undertaking an operation fraught with great hazard and which had to be carried out with great care. There was always difficulty in such circumstances seeing what was happening especially emerging from gaps.'

In Clark v Winchurch, the Court came down 100% against the motorcyclist. In Worsfold v Howe the determination was 50/50. In the case of Hillman v Tomkins in 1995 the Judge in finding both parties equally to blame said 'undesirable as it may be, motorcyclists do and can be expected to overtake in circumstances of this kind and in my judgment the Defendant was negligent in failing to see the Plaintiff as he approached.' The car in this case was turning out of the traffic queue and the fact that there was a junction approaching on his right increased the necessary standard of care on the biker. He was travelling too fast at 30 to 40 mph.

The Highway Code tells riders to look out for vehicles emerging from junctions when overtaking stationary traffic and tells drivers not to assume that another driver flashing headlights is giving a signal to go. You should not overtake 'approaching or at a road junction on either side of the road.'

No two cases are exactly the same and accordingly it cannot be taken as read that what has happened in these previously decided cases and others will ultimately prove to be so in your case, but they give us a good indication of the likely issues to be considered by the judge in reaching a determination.

Protective Clothing

When defending claims, Defendant insurance companies are particularly hot on protective clothing. If there is any suggestion that a biker was not wearing the correct protective clothing they will undoubtedly try to reduce any compensation to take this into account.

The need for protective clothing to be worn is emphasised again and again, in particular the use of helmets, which have been compulsory since 1970.

A protective helmet has to provide both a mechanical barrier to impact and also absorb as much of the impact energy as possible. Head protection for the vulnerable road user is therefore a priority item.

However it must be said that head injuries can still be sustained even when the motorcyclist was wearing a helmet at the point of impact, for example where the helmet has either come off immediately following impact or where the helmet has not absorbed the force of the impact. Ejection following frontal impacts is also likely to give rise to head and trunk injuries.

In cases where the victim is a pedal cyclist, the question of whether the cyclist was wearing a protective helmet is a pertinent and critical issue in the case, albeit that helmets do not necessarily prevent injuries. The wearing of helmets for pedal cycles is not yet a legal requirement.

Psychological Trauma

If somebody has a near miss or minor bump it can cause nervousness and fear which is short-lived and does not typically disrupt their lives.

However, if in an accident there is real fear for your life or fear of serious injury, it can lead to significant psychological symptoms whether or not any physical injury remains.

Typical examples may be as follows:

motorcycle. your using avoiding perhaps riding, of anticipation the or riding by caused fear persistent and excessive an as itself presents which motorbike Phobia.

Adjustment disorder is similar but less severe and often associated with pain when travelling.

Where the accident involved a real threat of death or serious injury, riders may respond with intense horror and re-experience the accident through thoughts, nightmares and flashbacks.

Even if these symptoms are not severe, they may be diagnosed as Post Traumatic Stress Disorder.

Three of the most significant features of persistent travel anxiety are avoidance of riding or riding as a pillion, compulsive passenger behaviour eg hanging on, and the perception that all drivers are idiots.

Most people who develop anxieties will, with practice or re-exposure to travel, find their nervousness gradually decreases without treatment.

A small number, especially those with PTSD, need specialist treatment normally in the form of Cognitive Behavioural Therapy.

The affected person's partner is very important in the process of encouraging the biker back to riding.

Riding On Defective Bald Tyres

This offence carries a fixed penalty of £60.00, but if you go in front of the magistrates you could be fined as much as £2500.00 and you could even be disqualified.

Defective tyres can mean anything from unsuitable tyres, under inflated, mixed cross ply, cord showing, racing slicks or “nobblies”.

There must be at least a 3“ depth of tyre throughout. If you have dodgy front and back tyres, this will mean two offences!

Speed

In law, we cannot disregard the speed limit and it is likely to become an important issue in an accident claim if there is any suggestion that a motorcyclist is exceeding the speed limit.

On single carriageways, the speed limit for cars and motorcycles is 60 mph, although they can travel on dual carriageways and motorways at 70. There may be specific speed restricions in areas of roadworks.

Most motorcyclists know the handling capabilities of their bikes and drive within their limitations. Motorcyclists are taught to accelerate out of danger in certain circumstances.

Evidence of speed can become important in RTA cases. But what constitutes evidence of speed? The sound of the bike is not a good indicator although we often find that where a motorcycle is involved there is almost always an assumption that speed is involved. The best evidence in these situations is eyewitness evidence, someone who can confirm that the biker was not travelling too fast. Another indicator of speed may be skid marks.

If a motorcyclist, say on a main road, is found to be exceeding the speed limit, the likely scenario is that the biker will go down for some contributory negligence, ie that the Court will find the biker partially to blame for the accident.

WARNING

There are plenty of “Bar Room Lawyers” out there who are all too willing to tell everybody about their own personal injury case and how much they got for their injuries. We know of one example where a client was told by a friend that he had received £15,000 in compensation for a fractured rib. On looking at the matter more closely (because it transpired that we had also acted for the friend) it became clear that he had only received £2,250 for his injury. The rest was for his bike, clothing and loss of earnings! A case of chinese whispers if ever there was one.

The moral of the story is obvious - always take professional advice. Take everything else with a large pinch of salt!

Uninsured Drivers

As biking solicitors were disappointed but not surprised by the results of the recent police pilot of scheme using automatic number plate recognition cameras to catch uninsured drivers.

In the one day pilot in the west midlands west Yorkshire greater Manchester and Merseyside police took 417 vehicles off the road for failing to demonstrate that they had up to date cover in place.

The success of the pilot does serve to suggest that the scheme may have a significant impact in the battle against uninsured drivers but it also shows what an enormous problem the issue of uninsured vehicles is in the country.

Every day we are dealing with hundreds of claims involving uninsured drivers and often clients are left bemused by the perception that uninsured motorists are simply allowed to get way with it.

The number of cases where the uninsured driver is pursued is minimal compared to the number of uninsured vehicles in the road. It is no wonder that a culture of 'why do I need insurance' has developed.

Bikelegal welcomes anything that will make it easier for claimants to recover their full entitlement to compensation and punish those who deliberately flout the law.

This scheme is a step in the right direction.

Compensation Culture

Long awaited it may have been but Compensation Bill has clearly received a mixed reaction, being reportedly described by shadow attorney general Dominic Grieve as being 'not worth a pin.'

At least now we have some idea of where claims management companies will be regulated, something that we sure most practitioners welcome, even if we don't know yet who's going to be doing the regulating.

Our understanding is that CMC's will have to carry professional indemnity insurance and will have to ensure transparency in respect of charging.

Competency to provide the services will also be implicit requiring companies to pass a strict competency test to achieve authorisation.

All of these measures will clearly be a move in the right direction and will inevitably mean some CMC's going out of the market.

But a firm decision needs to be made however on how the system is to be regulated. Clearly without proper regulation, there is scope for the whole thing to fail before it's started.

Testimonials

"It was most helpful to be able to communicate on our son's behalf with our claims handler at Fletchers, as being just 18 he is not experienced in dealing with such matters and this meant there was a clearer understanding of the situation and a faster resolution. Please pass our thanks to Sarah."

Mr M Boone

‘The Case handler was sympathetic and VERY understanding and professional. They even assisted in making calls to other parties that needed clarification etc’

Mr M Singh

"I was really impressed with the level of correspondence, helpfulness of staff and their clear explanations of how case is progressing."

Mrs S Tobias

"The advice you have given me throughout the case and how fast it is progressing has really impressed me. Also when I ring up the team are very pleasant and answer the questions I give them, they do the best for the client overall I’m very happy with the service."

Kim Medlock

"I was concerned early on that I was not going to be covered because the other party was not insured, but you followed this up and found valid insurance against which the claim could be made. I am very grateful for this follow-up."

Mr T Underwood

Contact Us