2 March 2018

It matters that your Solicitor is a Motorcyclist.

It matters that your Solicitor is a Motorcyclist.

Understanding the insurance process...


Insurance Companies encourage policyholders to take out Motor Legal Expense Insurance. Some now even include it within the policy, whilst others list it as an add-on with the associated cost. Motorcyclists often take it because they worry about legal costs. In truth, you don’t need MLEI and I will explain why.


Insurance for motorcycles is compulsory. You can opt for ‘fully comprehensive’ or ‘third party’ cover. If you’re involved in a road traffic collision that was your FAULT, your Insurer will make good any claim against you and will instruct Lawyers to defend any court case raised against you at no cost to you.


You are obliged to report any collision to your insurer. If the collision is NON-FAULT, you have a choice. You can claim on your comprehensive policy or you can elect to claim against the third party. Your insurer will deal with the 'insured loss' claim to repair your damaged motorcycle or provide you with the pre-accident value in the event it’s written off. Often, insurers instruct other organisations to process such claims and it can be confusing dealing with so many different companies. All of this is just in relation to your motorcycle, so imagine the further confusion when you’ve been injured. 


If you’re injured, you will need a Lawyer to recover compensation for 'uninsured loss' and that includes your injuries, loss of income and other expenses. Often insurers will tell you they have appointed a Lawyer for you. Some law firms even write to you to say they have been appointed to represent you. So, why are insurers so keen to appoint Panel Solicitors and remove that important decision from their policyholders? What criteria do they use and what’s in it for the Insurer and Panel Solicitor? Does money exchange hands somewhere along the line? The very important matter of appointing a good lawyer to pursue a claim for uninsured loss must remain with you. It’s your choice. If you’re injured following a collision or other non-fault loss of control, why would you trust your insurer to appoint a Lawyer for you? Unlike the actor Daniel Craig, your body is not insured by your motor insurer, your MOTORCYCLE is. 



Many believe pursuing a claim for loss is an expensive business but it’s not. For over a century, Lawyers in the field of Personal Injury have operated on a speculative basis. Many will be familiar with the term ‘no win no fee’. Lawyers fund cases if there are reasonable prospects of success, so you don’t have to pay out of your own pocket. If the case is lost, you walk away with nothing to pay. Access to justice at no cost. It’s been in place long before insurers came up with so-called ‘motor legal expense insurance.’


If you need a tradesman to do a job around your home, you will ask people you trust for their opinion and recommendation. You will ask others if they have had a good experience. Did they turn up on time? Were they skilled at their job? Did they have the requisite knowledge to do the job? Did you feel you got value for money? So, how should you appoint a Solicitor and what criteria should you look for? 

  • Experience of Personal Injury work is high on the list. 
  • Accepting your case on a ‘no win no fee’ basis to avoid any financial risk on your part is imperative. 
  • Experience and knowledge are key.
  • Can your Lawyer speak with authority about motorcycle collisions, road surface defects, filtering, rural and urban riding?

They can if they ride a motorcycle!


Motorcyclist, Graham Clark, was seriously injured in a road traffic collision that was not his fault. He was appointed a Solicitor by his Insurer but never even met him. Graham sustained multiple fractures but his Solicitor didn’t recognise that Graham also had a serious brain injury. Nine months later and feeling both let down and confused, he contacted Motorcycle Law Scotland. Transferring across was easy and that’s when the journey began. We met Graham on a number of occasions and with our experience, we were able to identify some of the best medical experts in Scotland to provide reports on his multiple injuries. Due to his brain injury which was subtle but caused confusion, Graham had to give up his work. We raised an action in Court and secured settlement to reflect his extensive losses. Thankfully, Graham has a new life today primarily because:-
1. We knew, as Lawyers, exactly what we had to do.
2. We got to know Graham and his family. There were no claims packs. The only form we will ever ask clients to complete is a request for medical records.


There is no doubt, after a collision, it’s difficult to think straight. It’s at the point of initial contact with your insurer where the problem arises. Many motorcyclists believe their insurer is entitled to make decisions for them and the appointment of a Lawyer is just one of those decisions. It may seem like one less problem for you to deal with, but remember, you are still far more important than your damaged motorcycle. You need a Lawyer you can trust. You need a Lawyer with the requisite experience and knowledge.


We are experienced Lawyers and motorcyclists. Of course, there are a number of good Personal Injury Lawyers in Scotland. Choose your Lawyer carefully and wisely. Always remember, it’s your choice, not your Insurers'. If we can encourage all injured motorcyclists not to fall into the hands of appointed panel Solicitors, we will have achieved something. If we can encourage more Personal Injury Lawyers to ride motorcycles to improve the quality of their service, then even better.

Brenda Mitchell - Motorcycle Collision Lawyer


20 December 2023

Take Another Look and search for us

Take Another Look and search for us. Education is needed to prevent needless deaths.

Read More >


30 November 2023

Navigating motor insurance claims

This is a guide to understanding and protecting your rights when navigating insurance claims following a non fault collision on your motorcycle.

Read More >


10 September 2023

Motorcyclist death toll rising

The death toll for motorcyclists will keep on rising unless the message is changed.

Read More >


1 February 2023

A939 Road Surface Warning

Warning to ALL motorcyclists, please beware of the tarmac patch repairs on the A939; they are absolutely lethal and you will come off your bike if you hit them.

Read More >


31 January 2023

Ay up flower, my luck has changed

We don't tend to proactively keep in touch with past clients as it's not practical. However, we do love to hear about good news stories and this is definitely one of those.

Read More >


4 January 2023

CBT - an invaluable experience for all

When the opportunity to do my CBT arose, I jumped at it and I'm so glad I did. A truly invaluable experience which has made me a better driver. 

Read More >


17 November 2022

My CBT and First Bike

MLS Administrator, Jill Ramsay, shares the highs and lows of her CBT and the pleasures of owning her first bike.

Read More >


2 November 2022


RTA LAW Partner, Jodi Gordon, jumps at the chance to complete her CBT. 

Read More >


19 January 2022

Why drivers look but do not see

If car drivers don’t look out for us we need to look out for ourselves, especially at junctions.

Read More >


17 January 2022

Springtime for Bikers

Unless you're a hardy all-year-round biker, it's around this time of year that we start to think about Springtime, dusting down our bikes and making sure we have everything in place to roar off into the sunshine when the time comes. 

Read More >


28 October 2021

Safer overtaking

Given the number of collisions we deal with involving overtaking, it is important to understand how to overtake safely.

Read More >


5 September 2021

It's time for justice

In a criminal justice system where supporting victims is meant to be a priority, why are answers being hidden from those who need them most?

Read More >


11 August 2021

Ewen's IAM motorcycling training and test

After 21 years of motorcycling and 175000 miles under his belt, Ewen Stewart takes on the challenge of the IAM Advanced motoring training and test.

Read More >


20 January 2021

Secondary Victim Claims

Secondary victim claim apply to an individual who has suffered psychological injury due to witnessing an event. In order to recover damages, strict criterion has to be met.

Read More >


22 June 2020

Ewen's Bikes

Ewen Stewart, Legal Assistant, talks us through the different motorcycles he has owned and then describes his current bike, BMW K1600 in some detail

Read More >


15 June 2020

International Ride to Work Day

Advocating and supporting the use of motorcycles and scooters for transportation.

Read More >


12 June 2020

Stuarts Top 5 Tips for Motorcyclists

Stuart West-Gray from Edinburgh motorcycle dealership, Two Wheels, provides his Top 5 tips for motorcyclists returning to riding post lockdown.

Read More >


28 May 2020

Post Lockdown Riding

Brenda Mitchell sets the scene and provides some guidance for motorcyclists as we move towards post lockdown riding once again.

Read More >


28 May 2020

Johnny Mac's Top 5 Tips

John Macdonald's top 5 Tips for motorcyclists post lockdown. Junctions, roundabouts,overtaking,filtering,road surfaces.

Read More >


20 April 2020

Motorcycling life

Ewen's first bike was a Honda SS50 back in the summer of 1975. Over the years, many bikes have come and gone, but the friends made back then who also roe motorcycles are still good friends today.

Read More >


10 March 2020

Panel Solicitor Horror Stories

Don't let your insurer refer you to their panel solicitor. We have assembled a selection of case studies which highlight the experiences of injured motorcyclists who were fortunate enough to move over to Motorcycle Law Scotland. 

Read More >


30 December 2019

Tipping the balance in favour of the vulnerable

Causative potency is a relevant consideration for lawyers when acting on behalf of vulnerable road users who may have contributed to their injury through negligence as it can tip the balance back in favour of the more vulnerable road user.

Read More >


18 December 2019

Colin Rutherford 1957 - 2018

Maureen wanted to share the circumstances, charges and sentencing for causing the death of her husband due to careless driving. Her message to all drivers and motorcyclists is watch out for each other at all times but especially at junctions.

Read More >


9 July 2019

Rolling back the years

Specialist motorcycle Lawyer, Brenda Mitchell rolls back the years and takes her husband, Rod on a 2 day trip to the West Highlands of Scotland on their new motorcycles.

Read More >


24 April 2019

Call for lengthier driving bans

Jodi Gordon, Partner, argues it is perhaps time to radically increase the length of driving bans and consider life-time bans. 

Read More >


13 March 2019

You don't know what you don't know

Why is it that so few motorcyclists out there feel the need to improve their riding skills when one day they might just save their life?

Read More >


8 October 2018

Beware of Autumn Leaves

Recognising a potential hazard like leaves on the road and taking the appropriate actions should keep you rubber side down and allow you to continue to enjoy your Autumn riding.

Read More >


18 May 2018

One down, one to go

Motorcyclists can never stop learning how to be better motorcyclists. IAM RoadSmart support advanced riding courses via local groups. Consider getting involved.It will make you a better, safer rider and may one day just safe your life.

Read More >


27 April 2018

Motorcycling Campaigns

Improved riding and safety for motorcyclists must go hand in hand with motorcycle awareness for car drivers.

Read More >


2 March 2018

It matters that your Solicitor is a Motorcyclist.

If you're injured in a road traffic collision on your motorcycle, you will need a Lawyer. However, you must choose your Lawyer carefully and wisely. Always remember, it’s your choice, not your Insurers'.

Read More >


24 August 2017

Motorcyclists warned think twice about accepting insurer's appointed solicitor

Motorcyclists are being advised to think twice before ticking the box marked “legal expense insurance” when next arranging bike cover.

Read More >


12 July 2017

The perils of surface dressing for those on 2 wheels

Loose chippings on a road following surface dressing treatment are a motorcyclist's worst nightmare. 

Read More >


28 November 2016

Always be in the right gear!

Being in the right gear is not just about gear selection when riding, it can mean something far more important for your protection and safety

Read More >