'In a hurry' is no excuse

Alex first came across Motorcycle Law Scotland in March 2013 at the Scottish Motorcycle Show at Ingliston where he had an opportunity to meet specialist motorcycle lawyer, Brenda Mitchell and discuss the motorcycle accident which he had been involved in back in October 2012.

Alex was knocked off his Yamaha TDM motorcycle when a car failed to stop whilst exiting a “Give Way” junction. The driver who had been shopping admitted he had been in a hurry and had simply not seen Alex. A classic SMIDSY.

Alex had found himself in the unusual position where his insurer, Hastings who said they would deal with his case, was also the insurer of the car which had hit him and nothing was happening with regard to his claim for injury, damages and loss.

“Brenda was like a saviour to me”, explained Alex. “I felt like I had been in the wilderness not knowing what to do and then all of a sudden I had someone who was able to take things completely out of my hands allowing me to sleep easy at night. Not only did she come across as a very experienced Lawyer which she is, but she also spoke my language as a motorcyclist and knew exactly how best to handle my case.”

Motorcycle Law Scotland raised a Court Action against Hastings Insurance company but the first hearing had to be postponed as I needed surgery and it wouldn’t have been in my interests to settle my case until the extent of the injury could be fully investigated..

“On the day of settlement, I felt dumb struck. The case had gone on for 2 years and I had mixed emotions. On the one hand, I felt a huge sense of relief that things had finally been resolved but, at the same time, I felt angry as to why I had had to go through the whole process in the first place. Accidents do happen but when a vulnerable road user such as a motorcyclist is involved, we get hurt. I saw him coming but he just didn’t appear to see me, probably because he wasn’t looking out for me. I found it strange though that he didn’t even apologise afterwards. 

“At the outset of my case, Hastings tried to convince me that they would “deal “with my claim and yet they had a clear conflict of interest as the driver at fault was one of their policyholders. My advice to anyone involved in a motorcycle accident is not to trust an insurance company who say they will deal with the case and there is no need to involve a solicitor. Just as important, don’t allow anyone to appoint a solicitor for you. Choose your own specialist lawyer. I was certainly glad I found mine.”


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