Loss of amenity

Loss of amenity

A young lad (who I’m pretty sure was on drugs) hit me off my MT-09 after he pulled out of a petrol station straight in front of me.

Liability was admitted by his insurer so no issue there. I now have a problem with my solicitor because the other side has made an offer £15,000 and she says she can’t advise me.

My solicitor says she can’t give definitive advice yet as I haven’t got final medical evidence. However, she has said I could be liable for some legal costs if I don’t get more than £15,000 at court later on. What can I do? £15,000 is a pitiful amount when some numpty on drugs could have put me in a coma.


Firstly, getting injured is rubbish but I’m glad you are here ‘walking and talking’. Bikes can be replaced but people aren’t always as lucky.

With regard to the offer, in England and Wales you don’t get compensation for the fact you have been put “in a coma”. You get compensation for your actual “pain, suffering and loss of amenity” caused by the accident.

Your solicitor may well be correct in not providing definitive advice if you do not have finalised medical evidence. As for a way forward, you could accept the offer but it may not be enough i.e. if you needed physiotherapy etc. in the future.

Alternatively, you could get further medical evidence and settle your claim once you know what the final position is. However, if the evidence doesn’t support an award of more than the current offer, you may well be liable for your legal costs, your medical disbursements and the legal costs of the other side from the time you could have accepted the offer until settlement.

Lastly, as a ‘word from the wise’ I would be very careful slagging off the lad for being on drugs if you have no evidence of that being the case.

Andrew Prendergast

Motorcycle Monthly June 2017

Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.

Posted by Andrew Prendergast. Last modified: March 23, 2018 at 4:50 pm

Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 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.


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