Thanks and recommendations
The successful out come to what you are about to read would not have been possible without the help of Judith Kelbie Head of the Motorcycle Claims Group at Lyons Davidson Solicitors. I have no hesitation in recommending them to anyone who gets involved in a motorcycle accident.
- A common story.
- Everyones worst nightmare.
- Comardy of errors and six points.
- Judith Kelbie at Lyons Davidson Solicitors to the rescue.
- A successful outcome.
- Lessons.
A common story
There had been early morning rain and although the roads were drying I was
aware that the road conditions for a motorcyclist could be slippery and
proceeded on my journey with caution. Regardless of conditions I always drive
with dipped main beam lights on so as to be move visible to other road users
and deliberately purchased my Honda Hornet 600 because of its bright yellow
colour for the same reason.
I reached a set of traffic lights in the High Street which were in my favour. As I crossed the junction I was aware of a fire tender on call, tuning in behind me. There was no immediate location to pull to the side of the road allowing the fire tender to pass, as the lay-by was full, the width of the road at this point is narrow and the amount of oncoming traffic meant that it would be a difficult passing place for the tender. I continued with caution along the High Street knowing that there was adequate time to reach the section of the road where I knew it widened. I was in no panic and at no time trying to race or proceed without due caution.
Unfortunately before I could reach this point a car cut across my right of way from a side junction. There was insufficient time to break and come to rest, there was no path behind the vehicle and I was left with the only option being to attempt to pass infront of the obstructing vehicle. The car driver failed to stop his manoeuvre and caught the back end of the Hornet causing me to fall and be pushed into the path of the oncoming traffic. Luckily the driver of the oncoming van had managed to stop. Even so I later found that I had broken my shoulder (clavicle) in several places.
One of the fire crew jumped out to come to my assistance. The obstructing car was moved back and the tender continued on its way. A second tender then arrived to take the fireman to the shout. Later I was taken to Hospital by ambulance with police attendance also now on the scene.
I find it incredible that any person would pull out from a junction in front
of a motorcyclist who was easily visible let alone having an additional
emergency vehicle on call behind me. Hey but this is a familiar story so
fare
Everyones worst nightmare
The attending police constable visited me in hospital to take down my
statement. But he was also there to drop a boom shell by informing me that he
had noticed that my road tax had run out. That immediately rang alarm bells
regarding my insurance and also puzzlement as to why I had not received a
reminder from DVLA for the road tax or one from my insurance company. On
returning home after a painful operation which involved a bone graft and
meatle work fitted, I did find that indead my insurance and road tax was not valid at the time of the accident.
Comardy of errors and six points.
I recognise that at the time of the incident I was in fact uninsured however
this was not a deliberate act of breaking the law or tax evasion. I was
riding a motorcycle without insurance cover which ceased on noon 15.07.01 -
prior to the incident 18.07.01 for the following reasons:
The original registration documents V5 vehicle registration document, although delivered to my home address was actually incorrect, stating the wrong house number 52 and not 32. This meant that I did not receive the reminder notification of road fund license renewal from the DVLA. This would also serve to remind me about insurance renewal.
The motorcycle was originally insured when I purchased the Hornet by Honda Direct. However during the term of the original policy the Honda Direct scheme stopped and was directly taken over by a company called MotorCycle Direct. Honda Direct did not inform me of this change. I was not totally unaware that my insurance was due sometime around the date of the incident but I thought that it was to the end of the month and because I had not received the road fund licence renewal notice from the DVLA or a insurance renewal notice from Honda Direct, this supported my assumptions.
Unfortunatly the magistrates court took a dim view on the matter and issued
me with six points on my licence and a £50 fine plus £35 costs.
Judith Kelbie at Lyons Davidson Solicitors to the rescue.
The Honda Owners club had previously sent me some general information one
being about Lyons Davidson
Solicitors who dealt with accident claims. So I thought I would give it a
try and phoned their head office and spoke to Judith Kelbie who is Head of
the Motorcycle Claims Group. She listened to what I had to say about the
accident and the insurance mix up. She first told me that she herself is a
motorcyclist and said that the fact that I had no insurance was not the point
and proceeded to start wheels in motion to make a claim against the car diver
for damages, injuries and loss of earnings.
A successful outcome.
Although the driver and his insurance company aggressively contested the
claim for over two years a succesful outcome was achieved by Judith Kelbie with a £16,000
settlement. This is also with no loss of my No Claims Bonus. I have to
declare my accident to my insurers but as the settlement was in my favour and
that I never made a claim against my NCB stays.
Lessons
- Always insure that the information on the log book are correct.
- Make a note of the Road Tax, Insurance and MOT dates.
- Do not automatically jump in to making a claim on your insurance.
- Contact Judith Kelbie at Lyons Davidson Solicitors and talk it through with her.