Making a Claim Thorneycroft – the BMF’s Legal Line Solicitors – explain losses, and how to recoup them after an accident
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Words: Mary Lomas Picture: Thorneycroft Supersport rider Chris Bradley (Essence Photography)
one of us like to think about it, but accidents can happen and when it’s not your fault, what happens next? You can pursue a claim against the other party, but remember you don’t have to use the solicitor put forward by your insurance company. A specialist motorcycle solicitor will be able to give specialist help. Your claim, which the solicitor will put together, will consist of your injury, immediate 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. First of all, whose fault was it? Statements will be obtained, the police report requested, CCTV and dash/helmet cam footage obtained if possible. It may be that the defendant admits liability, which makes everything more straightforward. Quite often the defendant’s insurers will investigate, especially if a motorcyclist is involved, to see if there is any scope to wriggle out of responsibility. In particular speed and dangerous manoeuvres will be considered, which is a topic for another article in itself. If you are injured, you may need additional treatment to that provided by the NHS, and sometimes this can be agreed while the liability investigations are ongoing. You need to continue with the NHS treatment in any event. A medical expert will be instructed to prepare a report on your injury, and this could involve more than one expert, but careful consideration should be
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Motorcycle R I D E R
given as to who is instructed – your claim will be valued on the basis of the injuries and the prognosis given by the expert. It can be several months before you are examined as most experts want to see how your recovery progresses before they comment. The expert is not there to treat you but to provide a report as to your condition, what your likely future outcome will be and whether any treatment can be recommended. They may want to examine you more than once. So what about financial losses? These include lost earnings, travelling expenses, damaged bike, clothing, treatment costs plus care and assistance at home, which includes chores done yourself. In the more serious cases you may have future losses which will be part of the claim. Your injury may prevent you from working again, or it might mean that you need physiotherapy long term. Reduced earning capacity and the future costs of care at home, vehicle adaptations, extra surgery and even the sort of accommodation you may need will all be taken into account. All losses have to be supported by evidence and in particular your medical evidence. The claim is a time to gather this together, so 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. This is a basic outline of what we need to think about in respect of building a claim. There are twists and turns, procedural issues, and other factors to be taken into account, but effectively the more documentation and evidence you can provide, the better your case will be. Thorneycroft Solicitors are proud to be the BMF Legal Line Solicitors. We enjoy being part of the biking community, and please check out our social media for details of the athletes, clubs and organisations that we support We offer a wide range of legal services, all of which can be accessed through our dedicated BMF Legal Line number 01625 506697. Check out www.thorneycroftsolicitors.co.uk for more details of our services.
