Vision Collision

Vision Collision

I live 10 miles from where I work and do weird shifts, so ‘Harriet’ the Honda CBR125 has been a life-saver (the bus service was never gonna cut it).

Last month I was following a window cleaner in his van when his ladders fell off his roof. I managed to steer round them – just.

However, he then immediately slammed on his brakes to stop and retrieve them. I had no chance and nowhere to go, and rear-ended the van. I need to add that this all happened quickly.

The window cleaner then kicked off and said it was my fault for rear-ending him, and now my insurer is saying the same thing. What do you think? Harriet is rideable, but ain’t looking too pretty.

Answer

Poor Harriet. It’s always sad when someone’s pride and joy gets bent. However, more importantly, I’m glad you’re here to tell the tale.

Whilst a lot of the time the person who rear-ends the vehicle in front is to blame, it’s not set in stone and every case turns on its facts.

The first ‘link’ in the ‘chain of causation’ is the window cleaner driving around with an unsecured load (I’m surprised he’s not getting prosecuted). You had to react to the ladders being dropped on to the road in front of you and then couldn’t avoid him slamming on his brakes.

The window cleaner is full of it and your insurer doesn’t know what they’re talking about. Don’t accept the blame and issue Court proceedings if need be.

Andrew ‘Chef’ Prendergast

On2Wheels April 2019

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.

Comments

  1. craig sifleetOctober 11, 2019

    Brilliant, I rear ended a driver who had left the M25 at a slip road but he changed his mind and drove back across the division lines. I had no chance to brake, nor swerve to avoid him as the lane next to me was occupied.
    The idiot then carried on ,failing to stop. Luckily the car behind witnessed his actions, and provided a great statement. His insurance tried to state it was all my fault, my solicitor just said don’t worry the court will sort this. Sure did he got 10 penalty points and a large fine. His insurance did a about face, and paid up. If I had not had a solicitor I think it would of been a long haul.

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Posted by Andrew Prendergast. Last modified: March 22, 2019 at 12:01 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.

About On 2 Wheels

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The O2W 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 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.

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