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How to avoid some liability

T.C

Been there, and had one
Club Sponsor
When motorcyclists have accidents, it is often the motorcyclist that is considered blameworthy simply because to the non riding public, the rider often appear to be aggressive, fast and perhaps to a certain degree arrogant, which in some cases may actually be quite true. On this basis, the third party insurers will often, whatever the circumstances try and hold the motorcyclist 100% liable for the cause of the crash, simply so they can contest and mitigate their losses and therefore hopefully reduce the overall costs to their shareholders.

So in simple terms, someone will try and allege what is known in the trade as contributory negligence which can range from 0% to 100% dependent on the circumstances.

The reason I mention this, is that (and I hate to have to admit this) often riders will give stories of bravado, or they will try and show their mates how good they are, but very little thought is given to the consequences if it all goes pear shaped, not from the injury point of view, but from the point of view that it could seriously affect the amount of compensation you may get.

So for example.

Filtering. Something most of us do on a daily basis and is perfectly legal as it is only another word for overtaking, but many defendant insurers and law firms will still try and use the case of Powell v Moody (1966) as their statutory defence even though there is much more current case law which does and can work in our favour. Filtering crashes have to be judged on the evidence and on merit not on some obsolete piece of case law.

Kit. Many threads on various forum boards have gone on about the idiots who, during the hot summer weather have chosen to wear nothing more than a pair of shorts and a T shirt. OK, we may think that people who choose to wear such kit (or lack of it) are idiots and it certainly will not be protective, and yes it will hurt, but your compensation will only be reduced by up to a maximum of 25% which many will regard as a crazy situation, but on the other side of the coin, had someone not caused the crash, then they probably would not have been injured in the first place.

Speed. It is not uncommon for the other side to make an allegation of excess speed, particularly when motorcycles are involved. It is not for you to prove that you were travelling on or below the speed limit, it is for the defence to prove that you were exceeding the limit and so, unless the crash is of a catastrophic nature, then the chances of the Police having carried out a full accident investigation is pretty remote, and on that basis the chances of excess speed being proven against you is very unlikely.

Riding without a licence or insurance would not prevent a rider making a personal injury claim if their accident was not deemed their fault, and whilst there may be prosecuted for traffic offences, there would be no contributory negligence as far as a civil action was concerned.

This perhaps gives you a bit of a flavour. Civil law and claims work different to road traffic laws although there can be an overlap in some instances, but, if you are unfortunate enough to have an off, make sure that you have your story straight before you say anything, if needs be speak to a solicitor (or me), but seek proper advice.
 
J

JonBoy68

Guest
Do we have some guidance about filtering, when and how to do it. My understanding might be different to others. I appreciate that every case is different but if there was some general base line it might help.
 

T.C

Been there, and had one
Club Sponsor
Do we have some guidance about filtering, when and how to do it. My understanding might be different to others. I appreciate that every case is different but if there was some general base line it might help.

In answer to your request, I have just posted a new item which I wrote about 12 months ago which you may find helpful.
 
J

JonBoy68

Guest
In answer to your request, I have just posted a new item which I wrote about 12 months ago which you may find helpful.

Sorry being a bit thick tonight - cann't find it. Cheers
 
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