The next day I rode to work. About 30 miles in I braked for a roundabout and the rear wheel locked up causing me to skid down the road. Because I am a riding god (read that as lucky!) I stayed on and didn’t hit anyone. However, the rear wheel was completely locked up and I had to get recovered home.
Having looked at the bike it turns out the garage hadn’t put the rear wheel back on properly. This allowed the brake calliper to spin on the spindle, nip the brake hose and lock on. I could have been killed and want to sue the garage. Can I?
Answer
I’m glad to hear luck was on your side that day. However, you can’t sue someone for something that could have happened. Thankfully you weren’t killed and you didn’t get hurt.
Compensation is to put you in the same place you would have been, but for the accident. Therefore, your only claim is the cost to put your Kwak back to the same state it was before the rear brake locked on. If it has trashed the swinging arm, the brake pipe etc. then the garage will be liable to pay for that. I would add before suing the garage why not contact them to see if a compromise can be reached.
Andrew ‘Chef’ Prendergast
Motorcycle Monthly
www.morebikes.co.uk
January 2016
