It is super easy to ride fast or slow as my daily rider. The high bars and good suspension make it super comfortable on the bumpy country lanes to the motorway. Thereafter, the high screen on the motorway makes cruising along an absolute joy.
In November, I was in the middle lane of the motorway cruising along when some young lad overtook me in lane three in his Corsa. Thereafter, the lad cut in front of me and then slammed on his brakes, rapidly slowing down when there was nothing in front of him (I think he realised he was meant to be exiting soon).
I braked as hard as possible, but I couldn’t avoid slamming him up the rear and clattering off. I have bust my elbow and wrist (on different arms, great!) and written off my bike. I thought I had a cast-iron case, but my insurer has said the law says otherwise and a judge will say it’s completely my fault as I rear-ended him.
Do I have to claim, or can I go to court and fight this?
Answer
Yes, you certainly can fight it and go to court. Whilst it is often the case that the person who rear-ends someone else is usually liable for the accident, it is not always true, and every case turns on its own facts.
From the information you have given, you have done nothing wrong in this situation because you were established in lane two, minding your own business, and the car driver has caused the accident by his negligent actions. A judge is unlikely to find it reasonable for a driver on a motorway to pull in front of someone and then just slam on their brakes.
There is case law to support you. Therefore, do not listen to your insurer as they don’t know their arse from their elbow on this occasion. My advice is get a specialist personal injury solicitor and crack on. You do have a case, and it can be won.
Andrew Prendergast
Motorcycle Sport & Leisure – July 2025
