About three months ago I bought a CBR600RR track bike from a dealer. He told me the bike was fully serviced and track ready.
Even so, I paid him some extra money to fit some new brake pads and a new set of tyres. I was all set for a summer of fun. However, that quickly turned into a disaster on my first outing. On my fourth lap I was doing about a ton and went to bang on my brakes for a hairpin.
At this point I realised the front brake lever had fallen off. I panicked to say the least but managed to scrub off a bit of speed with the rear brake. However, I couldn’t avoid running off into the gravel trap, falling off and breaking my collar bone and wrist. It could have been far worse as I managed not to soil my leathers but nonetheless I’m spanked, my bike is spanked and the dealer is adamant he has no liability as it happened on a track. Is he right?
Avoiding soiling yourself is always a winner in my books. As for the dealer, he may be trying to pull a stunt; or he may just be ignorant. You paid for a motorbike that should have been safe to use on the track for its first outing. If it wasn’t safe because of the dealer’s negligence; and you can prove that, then you can bring a claim against him for your accident.
Your bike with no front lever is crucial evidence so whatever you do, do not let the bike out of your sight. As the dealer isn’t playing ball I recommend getting a specialist solicitor on board ASAP. You may also need to get an expert engineer to write a report regarding the bike. Lastly, if anyone witnessed the crash and helped get the bike out of the gravel, try and track them down as they may be able to give a statement evidencing the bike had no front brake lever etc.
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.
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.
About Motorcycle Monthly
The MCM legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.
The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences.
White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution.
White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance appointed solicitor, get proper independent advice.