Whose to blame after overtaking a car?

Whose to blame after overtaking a car?

If you have an accident, don’t look to colour or creed to cover your incompetence.

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

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. Wow, you couldn’t make it up!
    The sad part is, the motorcyclist hasn’t learned from this experience, so is likely to be involved in a similar situation, from which he may not emerge quite so fortunate.
    Sad also that his mode of transport is a motorcycle, what an obnoxious, racist. The officer’s comment that it was ‘not an offence to drive a motor vehicle in possession of brown skin’, was priceless. I’m using that!

    Your research and knowledge were presented in such a clear way, I’d have no qualms about employing White Dalton if the need ever arose.

    Funniest riding legal thingy thing I’ve read in a while,

  2. Vince SciclunaFebruary 23, 2020

    Brilliant

  3. Rob ForresterFebruary 24, 2020

    I always read your articles with interest. But, I especially love the way you’ve torn his BS to bits. I think he may wish to do some research, as historically Hindus and Muslims have generally been in conflict in India. Bad riding, bad social skills – he’s lucky the copper didn’t pursue the rider’s rant further.

  4. Andrew DaltonFebruary 24, 2020

    Unfortunately this is a bit toned down from the original call in. This person used truly offensive language from the off. His world view seemed utterly untroubled by reality or humanity. What was perhaps more disturbing was this rider was quite articulate and seemed a bit perplexed that no one would go along with his persecution theory. Someone had the police report, so I suspect he was not going to be nicked. Police reports don’t usually come out until either a decision has been made not to prosecute or after the prosecution.

  5. Gary CampbellMarch 6, 2020

    The unconscious incompetence of this racist is astonishing!

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Posted by Andrew Dalton. Last modified: February 17, 2020 at 9:41 am

Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.

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"The Fast Bikes Legal Clinic is compiled by Andrew Dalton, and his bike riding barristers and solicitors at White Dalton Motorcycle Solicitors.

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All the White Dalton lawyers are qualified barristers, or solicitors, or both - and they all have full bike licences, too. They don't act for insurance companies or the prosecution.

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