So You’ve Had a Motorcycle Accident…..
Motorcycle accident pic: Bournemouth Echo
This is the first in a series of articles by Tony Carter, a former Police instructor and RoSPA advanced bike examiner who now works for McMillan Williams the legal firm specialising in motorcycle law and who has kindly agreed to provide some free articles for Bigbikemad.
Not only does Tony have enviable riding experience and skills, he is backed by an impressive legal team, including a QC, well used to dealing with motorcycle legal stuff from speeding to compensation claims.
We’re proud to host these articles and are sure they will prove useful to readers of Bigbikemad, however the views expressed are those of Tony and not necessarily this website or its owners. Tony or his team will be happy to discuss individual questions and contact details are given below – or just click on the MW logo.
Not only does Tony have enviable riding experience and skills, he is backed by an impressive legal team, including a QC, well used to dealing with motorcycle legal stuff from speeding to compensation claims.
We’re proud to host these articles and are sure they will prove useful to readers of Bigbikemad, however the views expressed are those of Tony and not necessarily this website or its owners. Tony or his team will be happy to discuss individual questions and contact details are given below – or just click on the MW logo.
When the Worst Happens
 Pic: Mark Rondino. Goldwing Owners Forum.
For many bikers, riding is a chance to relax and unwind; the last thing they want to think about is being involved in an accident.
Hopefully the basic advice in this article will make your life easier in the unfortunate event that things do go wrong. The minutes after they do could be some of the most critical in your life. It’s bad enough dropping the bike close to home, but when it happens on holiday, and miles from anywhere, all sorts of thoughts go racing through your mind. How serious are my injuries? How badly damaged is the bike? How will I get it home? Are there any witnesses? What about no claims? By this time white knuckled panic may have taken hold and it is very easy to forget the basics.
We all hope that an accident never happens, but if it does, here is a simple check-list of things that should be done, drawn from my own experience to make life easier for you, your insurance company and your lawyer.
Take Action
Witnesses
Obtain as the names and contact details of as many witnesses as possible. They may be able to provide valuable assistance in several ways. For example:
Photographs
If you can, take photographs of the scene, or ask someone to do it you – a pic from your mobile is fine. Pictures can convey what words can’t, particularly if there is a feature you feel may have contributed to the accident, such as a poor road surface or badly sign posted obstruction. Also, if it is possible, take photographs of the approach to the accident scene of any other vehicles involved in the accident, again at approaching distances. Lines of sight can be an important aspect of a collision, for example, whether a road sign or road marking was visible, or whether they were obscured by foliage from a tree or another sign. What was visible on the day of the accident can be all important. Record the evidence. Police If the police attend, obtain their name, rank, number and address. At a later date the police can be contacted for further information and are able to give statements in personal injury claims. Statement As soon as possible after the accident write down as much as you can remember about what happened. A fresh memory is better than a stale one. There may be details which you consider irrelevant, but it is easier to take things out than try and add them later on. If you write down everything as soon as possible after the event, these notes can be treated as contemporaneous, in other words, notes made as soon as possible after the event which becomes good evidence if your case were to go to court for a civil trial. Do the Sums
Replacement Costs
Obtain an estimate of the cost of replacing any damaged equipment such as crash helmet, leathers, boots and gloves. You can include non-bike items items such as broken watches, in fact anything that was damaged directly as a result of the crash. Retain all items as they may need to be produced. Loss of Earnings If you cannot work, get paid less or lose your salary and have to go onto statutory sick pay (SSP) as a result of your injuries, retain your salary slips. |
Keep a Diary
Diary
Keep a diary and list all of the expenses incurred after the crash Copies of receipts make it easier to get compensation. Taxi fares, public transport, car park and fuel costs, telephone calls and postage are all claimable. Even if you have to pay for someone to come and cut your lawn or walk the dog, this can also be claimed back. You are allowed to claim for anything which has incurred an out of pocket expense, and the list can be wide ranging. Just bear in mind is that you have to justify and substantiate the costs incurred.Correspondence Ensure all correspondence from the other side is passed to your insurance company or solicitor without delay. Avoid entering into correspondence yourself as you may say something that you later regret, or is used against you. Accident Abroad Pic: Wikimedia
If your accident happens while travelling abroad the same rules apply. However, extra emphasis should be placed on ensuring that all the details have been gathered at the scene,
including witness names and addresses and photographs of the location, as it will be very difficult to go back and check these after returning home. If possible get the police to attend so that all the details of the accident are recorded. If you are injured abroad and any financial loss is ongoing back in the UK, the law has recently changed and in some instances, usually the more serious cases, jurisdiction can be transferred to the UK. In addition, when riding outside the UK make sure you have your driving licence, certificate of insurance and vehicle registration documents with you at all times. In many countries an inability to produce these for the police can lead to a heavy on the spot fine and may delay the process of dealing with the incident. Injuries…If you have an injury that does not require hospitalisation, see a doctor as soon as possible after the incident. Medical records will help to prove your injuries. Sometimes, injuries do not become apparent straight away. For example what might appear to be nothing more than a sprained wrist could be a fracture. Some injuries and medical conditions only become apparent in the weeks and months following a crash.
If your injuries are not that serious, or they heal quite quickly, then your case will be handled under what is called the “Fast Track” scheme. This means that law firms will represent you, but they will receive a fixed fee for handling your case  Motorcycle accident pic: Bournemouth Echo and… More Serious Injuries If you are seriously injured, then a different route is taken. You need to instruct a personal injury solicitor as soon as possible. Not only will they investigate the liability aspect of your accident, if required they can engage medical and rehabilitation professionals, a case manager and seeking interim payments as soon as possible, all of which could be vital to maximising your recovery as soon as possible.
Most importantly, if you’re unfortunate enough to be in in an accident, don’t panic. Help is never far away. Any questions about an accident you’ve had? click the logo: Someone to Take Your Side….
 Tony Carter is a former police motorcyclist and has acted as an expert witness in many road traffic accidents involving motorcyclists.
www.mwsolicitors.co.uk |