I was riding my Firestorm back home from a rideout with my mates, just as dusk was falling. I have a smoked visor, with no BS mark on it, but I could see most things. As I came round a bend, I found a grey Fiesta parked half on the pavement, half on the road, without any lights on.
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
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.
Posted by Andrew Dalton. Last modified: March 26, 2018 at 11:22 am
Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.
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