Two years ago I was riding down the motorway when I was side swiped by a European cousin from France driving an HGV.
Ironically, I was heading to France on my Honda ST1300 Pan European for a holiday. The only Pan I used after the collision was a bed pan as I was laid up for three months with a broken pelvis and leg. The driver was truly sorry and his foreign insurer admitted liability straight away.
However, when it comes to the value of my case, it hasn’t settled and we have issued court proceedings in England. If a ‘no-deal Brexit’ happens, will I have to go to France for the trial? I am also really worried I will not get my compensation even if I win at court.
If there is a no-deal Brexit there will be changes to the laws followed in personal injury cases. Because you have already issued court proceedings in England, the law provides that the courts in England and Wales will continue to apply the existing jurisdiction rules to cases where the proceedings were commenced, but not concluded, before Brexit.
So in short, you will not have to go to France for the trial. However, if you win, but the foreign insurer does not pay your claim, there will likely be some issues regarding the jurisdiction and the recognition and enforcement of the judgment you obtain.
Therefore, if there is a no-deal Brexit you will likely have some different legal hurdles to get over and it will likely affect your claim. I would add that this is written in September 2019 so everything is very much up in the air and unfortunately I cannot give you any definite answers. Anyone who claims otherwise is full of it.
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.
About Motorcycle Monthly
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.