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While riding my Fazer a woman pulled out from a minor road to my left directly in front of me without looking.

I had to slam on my brakes with the result that the rear locked up and I fell off. I took a proper tumble and fractured my back. I have two witnesses who back me up as to her crazy driving (one of them actually had to chase her down the road to get her to stop!).

However, the issue I have is the third party insurer is denying liability because I actually made contact with the woman’s car. Are they right?

Answer

No. At best the third party insurer is mistaken and at worst they are trying to pull a stunt. In simple terms, your case is that but for the woman pulling out, you would have continued on your merry way.

Therefore, the first link in the ‘chain of causation’ is the third party driver. If she had not pulled out then you would not have had to brake and therefore you would not have fallen off. In the event the defendants do not want to play ball, make sure you get a specialist motoring solicitor to represent you when issuing court proceedings. Thereafter, they can present your case in front of a judge and let the court decide. I am of the view that your case is a strong one.

Andrew ‘Chef’ Prendergast

Motorcycle Monthly April 2017
https://www.morebikes.co.uk/motor-cycle-monthly/

Andrew has been riding motorcycles since he was 10 years old and currently rides a GSX1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.

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