Whilst its probably the least exciting bike in my collection (I have a few) it was (note past tense) without doubt the most reliable and economical. In June I was in the middle lane of three when some young lad overtook me using the outside lane, pulled in front of me and then braked suddenly, slowing down when there was absolutely faff all in front of him.

Despite being on the anchors quicksmart, I couldn’t avoid smashing into the rear of his Corsa and putting my head through his rear window screen. I cut my neck and broke my ankle, and the Honda has gone to the big scrapyard in the sky.

The problem I have now is my insurer has said the law is completely against me and it’s all my fault as I rear-ended him. This is despite me showing them the head-cam footage I have. Are they correct simply because I rear-ended the lad in the Corsa?

Answer

First things first, your insurer does not know their arse from their elbow. I accept the general starting point is that the person who rear-ends the other is usually liable for the accident. This is because they should leave enough space between them and the vehicle in front to be able to stop safely if something happens.

However, in your scenario, your ‘space’ was effectively taken away by the Corsa lad. From what you have said, you have done nothing wrong. You were established in the middle lane heading to work when the Corsa lad caused the accident by his negligent actions.

A judge is unlikely to find it reasonable for a driver to pull in front of you then just heave on their brakes. There is case law to support you. Further, you have it on video!!!! If it shows what you say, you will win one hundred per cent on liability.

Get a specialist solicitor and crack on without your insurer’s input. They are talking cobblers.

Andrew Prendergast

More Bikes September 2023