Q&A
Our specialist motoring solicitor Andrew Prendergast guides readers through their legal trials and troubles...
Q A young lad (who I’m pretty sure was on drugs) hit me off my MT-09 after he pulled out of a petrol station straight in front of me. Liability was admitted by his insurer so no issue there. I now have a problem with my solicitor because the other side has made an offer £15,000 and she says she can’t advise me. My solicitor says she can’t give definitive advice yet as I haven’t got final medical evidence. However, she has said I could be liable for some legal costs if I don’t get more than £15,000 at court later on. What can I do? £15,000 is a pitiful amount when some numpty on drugs could have put me in a coma.
A Firstly, getting injured is rubbish but I’m glad you are here ‘walking and talking’. Bikes can be replaced but people aren’t always as lucky. With regard to the offer, in England and Wales you don’t get compensation for the fact you have been put “in a coma”. You get compensation for your actual “pain, suffering and loss of amenity” caused by the accident. Your solicitor may well be correct in not providing definitive advice if you do not have finalised medical evidence. As for a way forward, you could accept the offer but it may not be enough i.e. if you needed physiotherapy etc. in the future. Alternatively, you could get further medical evidence and settle your claim once you know what the final position is. However, if the evidence doesn’t support an award of more than the current offer, you may well be liable for your legal costs, your medical disbursements and the legal costs of the other side from the time you could have accepted the offer until settlement. Lastly, as a ‘word from the wise’ I would be very careful slagging off the lad for being on drugs if you have no evidence of that being the case.
Q I was riding on a motorway and filtered between lanes two and three on the motorway. I’m sure the driver in lane three moved to her right so I could filter through. Once past her I sped up from 70mph to 95mph. As I’m a safe rider I wanted to make sure I was well in front of her. At that point the blue lights went on behind me and I got pulled over. I wasn’t happy and told the policeman I was late for work and asked why he didn’t have anything better to do. He didn’t say much but advised he was reporting me for dangerous driving. I told him I would see him in court. I want to defend it on the basis I was filtering and that is legal. Will I win? AAs
an aside, I understand the government is looking for negotiators to assist with Brexit. I wouldn’t suggest you put yourself forward as I don’t think your particular ‘style’ of communicating with people would help that situation (or any other for that matter). As for the offence itself, this is not a case of filtering past stationary traffic at 15mph. This is undertaking at speeds of at least 70mph on a motorway. This is text book “dangerous driving”.
Therefore if the CPS can prove beyond a reasonable doubt that your riding fell far below what was expected of a competent and careful rider; and it was obvious that to ride in that way would be dangerous then a court will convict you. If convicted it’s a minimum disqualification of 12 months and you could be locked up for a maximum of 24 months; although that is unlikely in this scenario.