Expert Evidence

Expert Evidence

I picked up a new Adventure motorbike from my local dealer last week. I was chuffed to bits as it was the first new motorbike I have ever bought.

The plan was to head off around the world next year. Anyway, forget the world, as I didn’t even get 500 yards when the throttle stuck on and put me into a wall.

One trashed bike and one spiral fracture to my leg. Luckily I have fully comprehensive insurance and they are coming next week to collect it with a view to inspecting it and writing it off.

The dealer has denied all responsibility, but then told me to sue the manufacturer. Is this correct? And do I have a claim?

Answer

Whatever you do DO NOT let your bike be taken anywhere yet. The key to your claim is evidence and in this case it is your trashed bike. Whilst it may slow down you being paid out by your insurer, it is vital you have the evidence to prove the bike was faulty and that the throttle stuck, causing the accident.

Without ‘hard evidence’ you may struggle to prove your claim and you will get nothing for your injuries etc. Therefore, an expert engineer report is top-of-the-list to get.

If the expert says the bike was faulty then you are game on… against the dealer. They might have told you to sue the manufacturer, but they are wrong. They sold you the bike and it should have been of ‘satisfactory quality and fit for purpose’. If you can prove it was faulty, then it will be the dealer that’ll have to pay.

Andrew ‘Chef’ Prendergast

Motorcycle Monthly October 2016

Posted by Andrew Prendergast. Posted on: November 3, 2016 at 12:00 am

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.