I ride the same route to work everyday on my Yamaha MT09 Tracer. Part of the road involves a fast, sweeping A-road. It’s always puts a grin on my face.
That is until a week ago when I high-sided whilst going around a gentle right-hander. I wasn’t doing anything silly and it was a dry day. It appeared to be just a freak accident.
However, when my mate picked up my bike from the Police, he noticed a weird puncture hole through the exhaust, underneath the engine where the three pipes go into one. I wonder whether something could have flicked up off the road, got stuck in the exhaust and flipped me off.
The hole wasn’t there a couple of days before the accident, as I did an oil change. The possible explanation seems so random. Even if that is what happened, I don’t see how that helps me bring a claim for my broken leg and being off work.
It’s not the weirdest case I have ever heard of. I had a chap who fell off in similar circumstances. You may be able to bring a claim against the Motor Insurers’ Bureau (MIB). Every time we pay for insurance, some of the money goes into a big pot, which the MIB uses to pay for claims involving untraced and uninsured drivers.
You may be able to bring a claim under the Untraced Driver’s Agreement, but only if you can prove on the balance of probabilities that the hole was caused by something from a vehicle that should be insured to drive in the UK; and that in turn caused you to fall off.
In the case I dealt with years ago, his dad returned to the scene and found a bit of metal that fitted the hole perfectly. An expert confirmed it was a piece of leaf spring from a truck, and he won his case.
My advice is go back to the scene, and see if you can find anything that could have caused the hole, and then go from there.
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.