I hit the Fiesta with my left side, and badly broke my knee. It will need replacement and I’m only 32. I’ve gone to the solicitor appointed by my insurance company and they said I haven’t got a claim because I was wearing a dark visor and the vehicle wasn’t illegally parked.
I’m sure that’s not right. I accept that I am probably 50% to blame for having a smoky visor on, and not noticing the car, but it was parked at night, with no lights, on a blind bend. Should I get a second opinion?
Name and Address withheld
Answer
It sounds as though your solicitors have lost their nerve on a difficult, but not impossible, case. Your gut feeling that both you and the car driver are equally to blame is about right. I’ve dealt with cases similar to this and had better results than 50/50, but that was without a dark visor. You’ll need expert evidence disclosing the amount of light your visor let through, and how it would have affected your vision.
Had the car been displaying lights, you could have seen it and taken evasive action. Because your insurance recommended solicitors have bottled It, you are now five to get specialist motorcycle solicitors of your choice. Good luck and get that second opinion.
Andrew Dalton
