Some absolute plonker in a van (who was coming from the opposite direction) turned right across my path.
I had nowhere to go, hit his wing and bounced off, then hitting a fence and fracturing my spine and breaking my wrist. The van driver has pleaded not guilty to driving without due care and attention (I have no idea how he thinks he will win) and we are now waiting for a trial date.
My first question is, should I be a witness in the criminal trial? (I am quite a nervous chap). The second question is, how will the Court deal with my claim for injuries and losses? Will the Judge order he pay for my damaged bike and broken bones? My insurer has told me the Crown Prosecution Service solicitor will sort all that out on the day.
However, my mate (who had a bad accident years ago) reckons I need my own solicitor and can’t figure out why my fully comprehensive insurer hasn’t paid out for my bike (which he kindly picked up and stored in his garage).
I’ll be completely honest, I feel completely lost.
Answer
I do recommend you go and give evidence as a witness in the criminal trial. I appreciate you may be nervous, however, the Court staff are very helpful and kind and will guide you through where to sit, etc.
Thereafter, all you need to do is tell the truth. As for your damaged bike and broken bones, the criminal Court will not sort that out for you.
In simple terms, they are there solely to deal with the criminal trial concerning the van driver. Whilst it may sound weird, that case is basically ‘The State’ (via the Crown Prosecution Service) against the ‘alleged offender’. i.e. van driver.
Whilst you are clearly a victim, you are for all intents and purposes ‘just’ a witness in that criminal trial. As for your claim for ‘broken bones’. your mate is right and you do need a solicitor to deal with the compensation for that.
Insofar as the law is concerned, that is a separate legal matter, so my advice is find a specialist motorcycle solicitor and get some advice.
As for your insurer, it appears they don’t seem to know their arse from their elbow. If you have fully comprehensive insurance and want your bike repaired/replaced sooner rather than later, then you can claim off that policy.
Naturally, there may be an excess to pay. However, from what you describe, you should then win your claim against the ‘plonker in a van’ and get that back from his insurer along with any other compensation you are due, that your solicitor will help you get.
Alternately to claiming off your fully compensative insurance for your bike, you could just claim for that, as well as your broken bones, directly off the van driver’s insurer. However, it may take some time to sort out.
Andrew ‘Chef’ Prendergast
Motorcycle Sport & Leisure – May 2024
