The problem I have is my main dealer tells me the tyre isn’t the correct one for the bike, and isn’t rated to go up to those kinds of speeds. The dealer reckons I could have been killed if the tyre had failed. I want to claim against the small garage for the fact I could have been killed and also for the cost of another tyre. Can I do this?
Answer
Thankfully you have not been hurt so therefore your only claim in my opinion is for the cost of a replacement tyre if you can prove the wrong one has been fitted. While you may well have a good claim, it is likely this would be allocated to what is known as the Small Claims Track. This is because the financial value of your claim is below £5000.
The Small Claims Track is designed so that people may bring their own claims without the use of a lawyer. If you do use a lawyer the disadvantage is it would be unlikely for you to obtain a costs order against the other side to cover the costs of the lawyer.The likelihood is that legal costs will equal a large part, or even exceed the amount you are claiming, so my advice would be to bring the claim yourself.
Andrew Prendergast
Motorcycle Monthly May 2014
