I was knocked off my bike after I had overtaken a car; a taxi coming the other way clipped me, because it had come on to my side of the road. The Police were called and that is when it all started going wrong. The car I had overtaken was driven by an Asian man; the taxi was driven by an Asian man who did not speak good English. The guy I had overtaken told the Police I had overtaken him without allowing myself enough time to avoid the oncoming taxi and he said the collision occurred on the taxi’s side of the road. When the Police arrived my bike was on the wrong side of the road, but that is only because I had to brake and lost control to avoid the muppet in the minicab. I told the police officer that the two guys probably knew each other from the Mosque and that the police officer should believe me.

The guy I overtook. it turns out, was a senior doctor and the Police were very rude to me, telling me that my bike and all the crash damage was on the wrong side of the road and one of the police officers told me, very sarcastically, that it was ‘not an offence to drive a motor vehicle in possession of brown skin’, which I thought was a bit racist, but he added that he did not have to listen to my ‘racist bullshit’, which I thought was very unprofessional. He also said something about reporting me, but I was not arrested.

Anyway, I Instructed a claims management company and they got the police report which, surprise surprise, has the Asian doctor blaming me and backing up his mate from the Mosque, I told the claims company to get the phone records of both drivers and to do a background search to see if they knew each other. They told me that the accident was my fault, and they were not going to help me, I have since been to two other solicitors and as soon as they saw the police report they did not want to know. My Insurers paid out to the taxi driver and even paid for a hire taxi and he probably is working illegally, but my insurers basically told me they were going to pay so I have now lost my no claims bonus too. How can I get representation?

Answer

Just a preliminary word of advice. The doctor who you overtook has a Hindu name. The taxi driver has a Muslim name, and they live about 70 miles apart, I suspect they are not likely to know each other, and just so we are clear, not many Hindus go to the Mosque. It Is a little surprising that you think the police officer was racist when you started cooking up an entire conspiracy based on skin colour, but I guess the passengers were also looking after their mate from the Mosque, at least in your world, it seems you have dreamt up a theory in your head, because not only one independent witness, the guy you overtook, says that you made a complete pig’s ear of the overtake, but the taxi passengers who have indigenous names also confirm the taxi was on the correct side of the road when they were struck by your motorcycle. All of the debris from the collision was on the wrong side of the road.

Because you were kicking off with the Police like a bit of a bellend unusually the Police did a thorough job of recording where the debris was and took photos which they had ‘triangulated’ to fixed points – something they would usually only do in a serious injury case. I suspect they were thinking of writing you up for careless driving, because you do not sound as though you were giving a good impression of yourself at the scene, if I put it charitably. You may well be getting a summons.

But even If all of these people, including the passengers were Muslim, and even possibly known to each other, you are suggesting that this doctor along with the passengers are willing to commit a serious criminal offence of perjury which would send them to prison and cost at least the surgeon his profession to ‘bail out a mate from the Mosque’.

As a matter of professional conduct no lawyer could put forward your claim, based on this utter bollocks. It is a serious professional misconduct to make an unjustified allegation against a person of crime, fraud or serious misconduct unless such allegations are supported by reasonable grounds. Fortunately for the legal profession, but unfortunately for you, your victimisation fantasy does not constitute a reasonable ground.

Moreover, if you do find a solicitor who is willing to expend his time pursuing links between these two men you would have to pay him privately.

No sane solicitor would pursue this line on a no win no fees basis’, so if you want (o explore this speculative exercise you would be better off paying a private investigator to try and find links of such strength that a surgeon would put his own professional career and reputation on the line to deal with a minor road traffic collision.

You do not have the power to compel the delivery of phone records, and if you want to waste your money investigating ‘links’ between these two men then feel free to waste your own time and money, but nobody else is going to assist you. And I suspect the ‘racist’ copper has reported you for without due care so wait for a summons In the six months since the accident If you really want to irritate the magistrates, spout on about your theory, see how well that goes.

Andrew Dalton

Fast Bikes Magazine Summer 2019