I went away with a couple of motorcycle mates touring around France for three weeks in August. We were on the home stretch when I got knocked off by an old boy driving the ever-stylish Citroën 2cv.
The result is I now have more metal in my leg than Terminator, and my surgeon reckons I will be off work for at least another year.
Now here is the dilemma: my mate reckons that because we voted for Brexit I can’t bring a claim for the motorcycle accident against a Frenchman because I’m English. Is he correct?
My insurer appointed solicitor couldn’t really give me a straight answer and, if I’m honest, I’m not even sure the person dealing with it is qualified!
It’s a poor state of affairs if your insurance appointed solicitors can’t give you a straight answer. It may well be the case that the actual person dealing with the case isn’t a qualified solicitor. If you are in any doubt check on the Law Society website.
As a point of note, you don’t have to use your insurer appointed solicitors. It’s your case and it’s your choice. As for your mate, I can report that, at present, they are incorrect.
While the nation has voted for Brexit we are not out of Europe yet. Therefore, without getting too technical, you still have the benefit of the European agreements. This means you as an Englishman can bring a claim for a motorcycle accident in England and Wales for your losses following an accident in France.
Your level of accident compensation will be awarded in accordance with French law because that is where the motorcycle accident happened. As for what the future holds with regards to this area of law I honestly cannot tell you. We shall have to see what happens next.
Andrew ‘Chef’ Prendergast
Motorcycle Monthly December 2016
Posted by . Last modified: November 5, 2019 at 5:00 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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