Type Of Accident Claims
What ever the circumstances of your accident it is
very important that you contact a specialist solicitor like
BIKER ACCIDENT ASSIST to obtain legal advice.
BIKER
ACCIDENT ASSIST knows from past experience that
motorbike claims are not always clear cut and easily
understood. The motor biker is often told that they were
speeding, filtering or taking undue risk and thus you must
be responsible for the accident. BIKER ACCIDENT ASSIST
do not start from that position. We listen to your evidence
and act accordingly.
Most often we see that the insurers on the other side try to
suggest that your compensation should be reduced by a large
percentage to reflect the undue risk that you took in
performing a manoeuvre such as filtering, speeding or
undertaking. BIKER ACCIDENT ASSIST know this and do not
readily back down to such arguments, we are here to fight
your corner according to the facts and the evidence. We
would not advise you to accept any offer to settle that was
not in your best interests.
Filtering
Providing that filtering is done in a safe manner, it is
entirely legal to filter.
Filtering may be described as a dangerous overtaking
manoeuvre if the line of traffic starts to move at a speed
where the traffic can no longer be described as queuing.
Historically, Judges through legal cases have tried to
attribute some blame on the part of the filtering
motorcyclist. Indeed Judges have in the past suggested that
motorcyclists are as much as 80% responsible for the
accident. This is often the starting offer that many
insurers acting for the other party will put forward on the
apportionment of blame.
It should not be the starting point. BIKER ACCIDENT
ASSIST will gather the evidence together with statements
from witnesses in an attempt to minimise and indeed argue
that no blame should be apportioned to you in the right
circumstances.
If you have been involved in a Filtering accident BIKER
ACCIDENT ASSIST has the complete accident management
solution for you.
In a recent study 38% of accidents involving motorcyclists
concerned a right of way issue. In less than 20% of those
cases the motorcyclist was rated as wholly or partially to
blame for the accident.[1]
The Road Surface
Many accidents happen as a consequence of the road surface
it self.
Pot holes and defects in the road surface can be lethal to
the motorcyclist.
The condition of the road surface is the responsibility of
the Local Authority. The Local Authority are under a duty to
maintain the road surface and keep it free from defects. If
the Local Authority can be shown to be in breach of their
duty to maintain the road surface a claim can be brought.
The Local Authority will try to evidence that they have a
reasonable system of inspection of the road surface as a
defence to a claim.
It is important therefore that if you have had an accident
as a result of a defect in the road surface that you contact
BIKER ACCIDENT ASSIST who have the complete accident
management solutions.
Slippery Road
The road surface can become slippery for many
reasons. It could be slippery due to diesel/petrol
spillages, items fallen from cars/lorries or from ice.
We can even assist if you do not know who is responsible for
the spillage or item on the road.
If a slippery road surface has caused your accident it is
important that you receive expert advice. BIKER ACCIDENT
ASSIST has the accident management solutions for you.
Crashes caused by motorcyclist in
front of you
If you are involved in a crash that was caused by a
motorcyclist performing a dangerous manoeuvre in front of
you it is possible to pursue a claim against that
motorcyclist.
It is not automatically the case that the following rider
was negligent for not keeping a safe distance or braking in
time.
If you have been involved in such an accident contact
BIKER ACCIDENT
ASSIST for further advice.
[1] Department of Transport: In depth Study
of Motorcycle Accidents: Road Safety Research Report No54
November 2004 |
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