Having spent a week in France on my Suzuki V-Strom 1050DE with a couple of mates and my daughter on her own V-Strom 800DE, mixing it up between camping and some fantastic French hospitality in various guesthouse and little hotels etc, our return trip involved taking the B-roads home.
We were riding through the Peak District, when a young lady didn’t stop at a crossroads and drove straight into my left-hand side. To be clear, I had right of way as I was on the main road. How she didn’t see me I will never know as I was on a bright yellow bike and wearing a bright yellow jacket! The result of the lady’s blindness was a broken femur. My mate, who was riding behind me, caught the whole thing on his GoPro video camera, so I reckon I am fine regarding liability. In addition, as I was leading, I have my daughter, and other mate who witnessed the whole thing.
However, I have subsequently found out that my bike insurance ran out two days before the accident (I am an idiot and hadn’t read my emails). The police offered and I accepted a fixed penalty of 6 points and a fine. The knock on of that is the lady’s insurer reckons that as I was riding illegally i.e. without insurance, I am automatically to blame for the whole collision. My solicitor tells me they are talking utter nonsense and has issued Court proceedings. I am very worried and it’s stressing me out.
Answer
Whilst it is easy for me to say, sat in my office, try not to worry. The collision didn’t happen because you didn’t have insurance. It happened because a lady didn’t see you and drove into the side of you, whilst you were established on the main road.
Your solicitor has got this absolutely bang on and has gone on the offensive. My advice is head to court and fight this. I suspect that once this gets into the hands of a solicitor for the defendant lady (rather than her insurer), liability will be admitted. If not, I don’t think the Judge will be too impressed if the defendant tries to argue this at trial.
To put your mind at ease, in England and Wales, you as the claimant need to “prove on the balance of probabilities” that the lady has been negligent, and because of that negligence you have suffered a loss. If you do that, you will win your claim. Bearing in mind you were established on the main road when the lady pulled out of a minor road and collided with you; and you have it on video; and you have witnesses etc…. well… you can see why the fact you did not have insurance is irrelevant. If the lady’s defence team try to make the point in front of a Judge, it will fail spectacularly.
Andrew Prendergast
Motorcycle Sport & Leisure – December 2025