I went to my native dealership and organized a check experience on the most recent H2 SX. I used to be blown away by this factor; it’s a supercharged monster! I used to be using, I admit, slightly exuberantly on my manner again to the dealership and I made a decision to overhaul a line of stationary automobiles; I feel there have been 5 or seven automobiles. One honked at me as I glided by. I believed nothing of it and carried on. A number of miles later, I used to be slowing for a roundabout when a chap in a white VW got here storming up behind me, continually sounding his horn. I received a bit irritated and gave him a hand sign. I’m not happy with this, however I then brake-checked him as he was tailgating me, continually honking his horn. I received some open street and shot off.
A couple of minutes later the fool was again and I had sufficient, I slowed all the way down to get off the bike and have a phrase when he struck me within the rear, knocking me off the bike. I bounced down the street and by the point I received up, he was standing over me, screaming in my face. The police have been known as and took a report, however didn’t take any additional motion. I’ve been left with a £2000 extra for the restore invoice to the H2 SX, a couple of aches and pains, and now have a declare from the insurer from the white VW claiming I braked and brought on the accident. I want some assist to kind this mess out…
Reply
There are three points right here: the accident, your accidents and the damaged H2 SX. The meat of the matter is legal responsibility. My recommendation is that you’ll win 100%, however that is depending on one single difficulty – being how did you gradual your machine down? Whereas the pre-accident using wasn’t something to inform your mum about, is it related? I don’t assume it’s.
The negligence you complain of is the truth that the automobile driver struck you within the rear. So long as you didn’t slam on the brakes and execute an emergency cease for no motive, which might be negligent in itself, I don’t assume the motive force can present you probably did something flawed, and even contributed to the index accident.
No driver has the correct to strike the rear of an clearly slowing automobile forward of them. You’ll have seen the Freeway Code replace which offers with susceptible street customers; the reality is that the courts have at all times held this view and a automobile driver driving right into a susceptible street consumer, be it a pedestrian or motorcyclist, is de facto fairly frowned upon.
I’m stunned that the police didn’t look to prosecute both you or the automobile driver. That is possible as a result of there wasn’t any corroborating proof of an offence being dedicated, if dashcam proof later seems exhibiting your poor using, anticipate a knock on the door from the Previous Invoice.
The identical goes for the automobile driver; you can nonetheless each be prosecuted for careless driving. That wouldn’t essentially cease any profitable civil declare, however your solicitor would want to learn about it.
The broken bike is a contractual difficulty. The dealership who loaned you the bike received you to signal an settlement. There’s a contract in place wherein you might be liable to pay the surplus within the occasion of injury to the machine. The surplus is capped at £2000 and it seems the repairs are going to price extra; that is what it’s and I feel you’ll need to pay this. Should you go on to win your declare towards the VW driver, then you’ll possible get better this loss as an uninsured loss.
Your accidents, fortunately, are fairly minor and the rules recommend:
(a) Accidents the place there’s a full restoration inside seven days – a couple of hundred kilos to £690.
(b) Accidents the place there’s a full restoration inside 28 days – £690 to £1370.
There’s an arbitrary sum of £1000 set down in legislation that dictates whether or not you should use a solicitor on a no-win no-fee foundation. In case your accidents went on for 3 to 4 weeks or extra, you’ll most likely be capable of instruct a solicitor as a result of the declare can be a ‘quick observe’ case and authorized prices are recoverable.
Should you healed faster than this, then your harm is value lower than £1000 and also you’re unlikely capable of instruct a solicitor, as this might be a ‘small declare’, that means authorized prices aren’t recoverable.
You continue to have a treatment and that’s to sue the VW driver within the Small Claims Court docket. This has been arrange for use by litigants in particular person. Personally, I don’t agree with this as not everyone seems to be snug in issuing and presenting circumstances to the court docket, nonetheless, these are the principles!
Gavin Grewal
Quick Bikes October 2022
