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Motor cycle factsheet

Filtering (overtaking lines of traffic)

Accident circumstances involving a motorcyclist filtering down the outside or in between a queue of slow moving or stationary vehicles are the most frequent concerning motorcyclists.

Insurance companies normally allege that the motorcyclist was travelling too quickly and without sufficient care or regard for other road users. In support of this allegation the insurance companies refer to the case of Powell v Moody and will often make an offer to split fault for the accident at 80/20, with the motorcyclist being 80% at fault.

The case of Powell v Moody involved a motorcyclist overtaking a queue of traffic when the car driver pulled out of a side road on the motorcyclist’s left, passed through the queue of traffic to turn right. In considering the circumstances of the accident, it was found that the car driver had been inching out and the motorcyclist had collided with him, which resulted in the motorcyclist being held 80% to blame for the accident.

However, cases brought after Powell v Moody have found as much as 100% against the motorcyclist with others being held to be 50% at fault for the accident. This shows that no two cases are the same and the individual circumstances of each accident must be considered carefully. Although previously decided cases are a useful illustration of the issues that are considered in reaching a decision on the level of fault of each party to the accident, it cannot be assumed that one case will automatically be applied to all case of filtering and the individual set of circumstances must be taken into account.

Defective road surfaces

There is no exact measurement that will automatically mean that a defect such as a pothole in the road is sufficient enough to be considered dangerous. In order to bring a claim against the relevant highway authority it must be established that the surface of the highway was sufficiently defective enough that it presented a real danger to traffic using the road. It is an important step in bringing a claim that photographs are taken of the accident location and the defect itself, together with a measurement of the defect where possible. This should be done quickly, as when highway authorities are made aware of such defectives they will often have them repaired as a matter of priority.

Highway authorities often rely on a system of regular inspections of the road as a defence to a claim, even if they accept that the surface was defective. They will argue that if the defect was not identified in a regular inspection then it must have appeared between the inspection and the accident and they cannot be expected to inspect every road more frequently than their systems and budgets allow. However, there are valid arguments against this position and each individual case is considered on its own circumstances.

Spills on the highway – diesel/petrol/objects

There are various items that can be spilled onto the road surface from diesel and debris from previous accidents to loads from the back of a lorry. If an accident occurs as a result of a motorcyclist colliding with an object or slipping on a spillage then in order to bring a claim the person who is responsible for the object or spillage needs to be identified. It may be the case that the police have details of the drivers involved in a previous accident which has left debris on the road, witnesses to an accident may have details of the lorry that shed its load or there may be contractors that can be identified working in the area that have failed to properly clean up piles of grit. 

Once the person responsible for the spillage has been identified they must show that they took all reasonable steps to avoid the spillage happening if they wish to avoid a claim.

If the person responsible for the spillage cannot be identified, in certain circumstances it may be possible to bring a claim against the Motor Insurers’ Bureau.

Speed

Speed is an important issue in a motorcycle accident as it is often alleged that the motorcyclist was exceeding the speed limit. This is usually the perception as other road users and witnesses did not see the motorcyclist or they simply heard the noise of the engine and therefore assumed that they must have been speeding.

It is difficult, especially for witnesses, to assess the respective speed of vehicles involved in an accident, but an accident reconstruction expert may be able to calculate the speeds based on the layout of the road, any skid marks that have been left on the road together with the damage to the vehicles themselves and any debris on the road.  Speed is not necessarily the cause of the accident and the complete accident circumstances must be considered as a whole. If a car pulls out from a side road immediately in front of a motorcyclist then there is likely to be little opportunity to avoid the collision and this is reduced further if the motorcyclist is exceeding the speed limit.

If a motorcyclist is found to be speeding then it is likely that they will be found partly to blame for the accident, but the speed must have made a material difference to the outcome of the circumstances from which the accident arose.

It is our experience that the majority of motorcyclists know the handling capabilities of their machines and drive within their limitations in response to situations around them, including road surfaces and weather conditions. Motorcyclist are taught to place their bike in positions on the road which are likely to avoid accidents and give them the best view point of the road but these position seem to be incorrect to other road users who do not appreciate the way in which motorbikes should be ridden.    

Protective clothing

One area that insurance companies investigate when a claim is made against them is whether the motorcyclist was wearing the appropriate protective clothing. If the protective clothing was not being worn at the time of the accident the insurers will argue that the motorcyclist should accept a reduction in their compensation as if they had been wearing the protective clothing this would have either prevented or reduced the seriousness of the injuries sustained. 

A fundamental piece of protective equipment is a helmet and the use of which has been compulsory since 1970. An approved safety helmet that fits your head correctly acts a physical barrier to prevent impact and also helps to absorb as much of the force of an impact as possible. Once a helmet has sustained an impact it should be replaced, as it may no longer be as effective in protecting you head if a further impact were to occur.

Although a helmet is a priority and can significantly reduce the seriousness of injuries sustained in an impact, unfortunately head injuries can still happen where the full force of the impact is not absorbed by the helmet or the helmet comes off in the accident.

Safety clothing is also designed to protect you as much as possible from injury or at least to reduce the seriousness of the injury sustained. Insurers that are defending a claim will want to know whether a motorcyclist was wearing a CE marked jacket, trousers and boots that were reflective in the dark and fluorescent during the day.

Untraced or uninsured drivers

There is a legal obligation for everyone to have insurance for their vehicle if they are driven on public road. Unfortunately, not all drivers are responsible and do not take out insurance policies and therefore drive without the legally required insurance. The Motor Insurers’ Bureau (MIB) is an association set up by the Motor Insurance Industry to compensate the victims of accidents involving either uninsured or untraced drivers. The MIB is funded by all the other UK insurance companies to assist the Government in compensating the innocent victims of accidents caused by uninsured or untraced drivers. So if you are the victim of a hit-and-run accident, or with a vehicle that cannot be traced or with a driver that is not insured you can still bring a claim by submitted it to the MIB.

The Motor Insurers’ Database holds the insurance details for each vehicle in the UK. Before making a claim to the MIB, it has to be established that there is no valid insurance policy in place that could be claimed against in the first insistence. If a policy is identified then the claim will be dealt with be that insurer directly. However, if there is no insurance policy in place then the MIB will deal with the claim in the same way as an insurer would have done. However, there are some exceptions to this and the MIB has its own rules that must also be complied with. These additional rules and the duty to keep its costs to a minimum as it is funded by all the other insurers, means that claims to the MIB often take longer to process than a claim directly against an insurer. 

If the other driver was uninsured then the MIB will pay out for most losses as if the driver was insured. There is a £300 property excess which is deducted from any claim for property damage made to the MIB. The MIB will expect drivers with fully comprehensive insurance to claim the cost of damage to their vehicle from their own insurer. However, with specialist advice from us we can protect your no claims bonus and recover your policy excess.

If the other driver cannot be traced either because they failed to stop or they were responsible for a spillage on the highway and cannot be identified, then a claim can be made to the MIB for personal injury, however, the MIB’s criteria for claiming for property damage in such cases is extremely strict. 

It is important that the accident is report to the police and that detailed information is kept such as the name of the officer that it is reported to, the station address and the date when it is reported. The MIB may refuse to deal with a claim if it has not been reported to the police.

Useful websites

Brake – a national road safety charity. www.brake.org.uk
Financial Ombudsman – the independent service for settling disputes been consumers and financial firms, including insurers. www.financial-ombudsman.org.uk
The Highway Code – its rules apply to all road users: pedestrians, cyclists as well as motorcyclists and drivers. www.highwaycode.gov.uk
Motor Insurers’ Bureau – established in 1946 to compensate the victims of negligent uninsured and untraced motorists. www.mib.org.uk
Motorcycle Action Group – news and events from a group supports riders rights. www.mag-uk.org 
Motorcycle News – Online publication of the latest news and reviews for motorcycling. www.motorcyclenews.com
National Association for Bikers with a Disability – charity giving details on how to adapt your bike to cater for specific disabilities. www.nabd.org.uk
Police – if you need to report a non-emergency road accident to your local police force, you can find contact details here. www.police.uk/forces
The Royal Society for the Prevention of Accidents – is actively involved in the promotion of safety and the prevention of accidents in all areas of life – at work, in the home and on the roads, in schools, at leisure and on (or near) water. www.rospa.com

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