Liability not an issue

Liability not an issue

Some young lad wiped me out while I was riding my CBR600. He was speeding down the local high-street with his mates in the back showing off and then swung onto the wrong side of the road and hit me head on.

I flew like superman over the top of his car and landed fracturing two ribs. It also turns out the toe rag was on drugs and tested positive for cocaine and weed. He is up in court next month.

However, despite this liability hasn’t been admitted yet by his insurer. I’ve done my nut at the police and my solicitor and demanded a copy of the police report immediately. However, I’ve been told I’m not allowed a copy. That can’t be right can it?

Answer

You have my genuine sympathies that you have been taken out by this oxygen thief. On the information you have given I don’t think liability is going to be a particular problem in your claim.

However, it is not uncommon for insurers to wait until they have had sight of the police report before admitting or discussing liability. With regard to the police report itself, while I can understand you are angry, the fact is it will not be released until the criminal case has concluded and your solicitor and the police can’t do anything to change that fact.

Therefore, I’m afraid you will have to be patient for a few more weeks. As for the toe rag, he is in a heap of trouble. In light of the Magistrates’ Court Sentencing Guidelines and the aggravating factors he needs to pack a washbag as he is looking at some prison time. Idiot.

Andrew Prendergast

Motorcycle Monthly December 2017

Posted by Andrew Prendergast. Last modified: March 23, 2018 at 4:28 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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