Thorneycroft

AFTER THE CRASH

Had an accident? Thorneycroft – the BMF's Legal Line Solicitors – advises on what to do next

Words: Mary Lomas Pics: Louise Hillier

None of us like to think about it, but accidents can happen, and when it's not your fault, you can pursue a claim against the other party. Your insurers will tell you that you must use a specific solicitor, but this is not correct – you can decide who represents you. We are specialist motorbike solicitors – motorcycle claims need and deserve specialist attention because the injuries sustained, liability issues, and losses incurred are quite specific.

At the accident scene, gather as much information you can if you are able to. Take some pictures of the defendant's vehicle and the position of the vehicles, and get the details of any witnesses.

Your claim will consist of your injury, financial losses and future financial losses. In basic terms, who is responsible will be considered, your injury will be investigated, and your financial losses will be quantified.

Liability investigations will establish fault, drawing on statements, the police report, CCTV, camcorder footage etc. If the defendant admits liability, that's straightforward, though their insurer will investigate to see if there is any scope to wriggle out of responsibility.

Medical Report

As for your injury, a medical expert will be instructed to prepare a report, and you may need to see more than one different specialist. Your claim will be valued on the basis of the injuries and the prognosis given by the expert. It may also be several months before you are examined as most experts want to see how your recovery progresses before they can comment. Their report will evaluate your condition, what your likely future outcome will be and whether any treatment can be recommended.

Your financial losses relate to lost earnings, travelling expenses, damage to your bike and clothing, treatment costs, care and assistance. More serious cases will also involve future losses, which need to be taken into account. The following factors will be considered. 1. Earning Capacity – will you be able to work as you did before the accident? Will you need to reduce your hours, take on a less demanding job or retrain? 2. Care and Assistance – will you need help with domestic chores and personal care? Even if it's your husband or wife who will be looking after you a claim can still be made. 3. Aids and Equipment – Will you need orthotics, aids around the house such as grabbers, stair rails, stair lifts, jar openers, shopping trolleys etc? 4. Vehicle Adaptions – will your bike need to be adapted to enable you to ride again? How many bikes are you likely to buy during your life time and will they all need adapting? 5. Treatment/Rehabilitation/Surgery – You might need a hip or knee replacement in 10-15 years, ongoing physiotherapy, CBT or other treatment. The cost of any ongoing procedure and costs all need taking into account. 6. Accommodation – In the most serious cases your accommodation needs to be explored.

Evidence is All

All losses need to be supported by evidence and in particular your medical evidence. It is important that you retain documentation that will help to support your claim. If the evidence doesn’t support a loss then the claim for that loss is unlikely to be successful.

That is a basic outline of what we need to think about in respect of building a claim. There are twists, turns and procedural issues, but the more documentation and evidence you can provide, the better your case will be.

And don't forget that Thorneycroft offers a wide range of legal services, all of which can be accessed through our dedicated BMF Legal Line number 01625 506697. Incidentally we can also provide a very useful talk to your club on what you need to think about following a collision. Just contact MaryLomas@ thorneycrofts.co.uk for more information. Remember, stay safe, look after yourself and enjoy your bike.