It’s a stitch up

It’s a stitch up

About four years ago I broke my foot after a lorry ran into the side of me. I needed three operations and couldn’t work as a scaffolder.

Liability was admitted and my solicitor got some interim payments. We were due to head to court to let a judge decide how much I should get.

However, my solicitor has just sacked me for lying after the other side sent her a video of me running a local marathon and working at a building site. The other side have also made an application to ‘strike out’ my entire claim.

If I had seen the video earlier I would have given a slightly different statement. Although it would have meant I would get less money, I wouldn’t have said I hadn’t returned to work and my foot was still causing problems.

So all in all I have been stitched up by the lorry driver’s solicitors and my own guys as I was injured and liability was admitted.

I’m going to go to court on my own as the judge will have to give me something. However, it does seems like the whole world is against me?

Answer

The only person who has ‘stitched’ you up is you. You’re a muppet who has lied and got caught.

You didn’t want to tell the truth because you would have got ‘less money’. Without wanting to preach, compensation is meant to do that. Compensate. It is not a lottery win.

Further, the whole world isn’t against you. However, the law is. Section 57 Criminal Justice and Courts Act 2015 deals with cases of ‘fundamental dishonesty.’ This means that if the court finds you have been lying about part of your claim, it can dismiss the whole of your claim, even if some of it is true.

Andrew ‘Chef’ Prendergast

Motorcycle Monthly September 2019

Posted by Andrew Prendergast. Last modified: August 19, 2019 at 2:18 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.
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. Carl JonesMay 26, 2020

    I would have used stronger words than “muppet.”
    I admire your restraint.

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About Motorcycle Monthly

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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.

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