Legal Eagle
New to MSL: We have enlisted one of the sharpest legal minds in motorcycling to help our readers with any issues they are facing
WHEELIE BIG TROUBLE
QI’ve just restored an old Fazer 1000. This involved the engine out, frame powder coated, etc., and then putting it all back together again. I must admit, I have fallen in love with this bike and the engine is Un-Be-Lievable! It just wants to wheelie everywhere, and as you come out of my town there is a perfect straight bit of road where you can ‘hoist ’em high’. Unfortunately, it appears someone has grassed me up as the Police want me to come in for a voluntary interview. I am absolutely bricking it. What should I do?
AFirstly, the Police have invited you to a ‘voluntary interview’. The clue is in the title, it’s ‘voluntary’, i.e. you do not have to do it. The advantage of not doing the interview is the Police may never pursue it and that will be the end of it. The disadvantage is they may come and nick you to do an interview under caution. In any event, DO NOT do any interview without legal representation and beware of the friendly bobby popping round your house for a ‘chat’.
As for hoisting wheelies, it is textbook ‘dangerous driving’. If you’re convicted, it’s a minimum disqualification of 12 months and you could be banged up for a maximum of 24 months. I would just add that the latter is very unusual for a wheelie in my experience, but not impossible depending on what they can prove you’ve done. Before being interviewed, ideally you want to know the strength of the evidence against you and have some legal advice. You do not want to inadvertently put your ‘hands up’ and confess all, if you don’t have to. If you can’t afford one, the state must provide you a duty solicitor if you ask for one. These guys and girls do an amazing job generally and do not be put off because they are ‘free’. If the CPS can’t prove beyond a reasonable doubt that your riding fell ‘far below’ what was expected of a competent and careful rider, you will be found not guilty. So knowing the evidence against you is going to be essential if the Police/CPS do pursue you, as you will need to decide whether to admit and try to get the least possible sentence, or go not guilty and see if the CPS can prove the case against you.
MIDNIGHT OIL
QIn late 2019 I was riding my Ducati Multistrada 1200. It was getting dark and raining so I was taking it super easy. As I circled a roundabout, both wheels suddenly just let go. It was the most horrible feeling. Well, you can guess the rest. I went down like a sack of potatoes and shattered my right elbow. As I was laid there like my own miniroundabout, I could smell diesel. Luckily, my mate was behind me on his Africa Twin. This was lucky for two reasons: 1) He’s a doctor and took charge. 2) After dealing with the ambulance crew and the Police he gave a witness statement backing me up, i.e. that I hit diesel and fell off. I have solicitors who put in a claim to the MIB. However, the MIB have rejected my claim on the basis that the accident happened due to a ‘build-up of diesel over time as opposed to a single spillage’. My solicitor has told me to appeal, but I’m worried they may have got it wrong.
AAs you will be aware, the Motor Insurers' Bureau (MIB) deal with claims involving ‘untraced’ drivers who cause accidents. Basically, every time we all pay our insurance some of the money ends up in a pot they use to pay out for eligible claims. Unfortunately, I have seen the MIB say this before. They are wrong in my view. The MIB’s own agreement actually states, ‘…The provisions of this Agreement apply where… the person who is alleged to be liable …is an unidentified person (and where more than one person is alleged to be so liable, all such persons are unidentified persons)’. In plain language it means that if you can prove on the balance of probabilities that you fell off on diesel from a vehicle or vehicles, the MIB should pay out. My advice is your solicitor is correct and you should appeal. You will win. I have done exactly that for a client recently. You only have six weeks from the MIB rejecting the claim to appeal, so do not delay.