Kevin is a motorcycle instructor who was involved in an accident with another motorcyclist. He was riding on the A82 when a vehicle travelling in front of him suddenly started to brake heavily. As Kevin proceeded to do the same to ensure he did not collide with the vehicle in front, he was struck from behind by another motorcyclist who had failed to brake in time. Kevin was thrown from his bike.
Paramedics attended and Kevin was taken to hospital by ambulance from the scene. Kevin had suffered concussion from hitting his helmet on the road surface and had sustained significant soft tissue injuries.
Motorcycle Law Scotland intimated a claim to the other motorcyclist’s insurer immediately. The insurance company responded to Motorcycle Law offering K the sum of £500.00. This was promptly rejected. Kevin had not yet been medically examined by one of the consultants that we instruct to prepare a detailed report as to the extent of the injuries suffered and period for recovery. Without that, a claim cannot be accurately valued so accepting any offer without one should always be avoided.
Once the medical report had been received, it was sent to the insurer and an accurate offer requested. No response was received from them, despite chaser calls and e-mails. To progress Kevin’s case, the decision was made to litigate and a court action was raised in the Sheriff Court.
Less than two months after Motorcycle Law raised the court action, an offer of £5,000 was received and accepted. This was 10 times the original offer and K was delighted with the outcome.
This is an excellent example of why it is important to seek specialist representation when pursuing a case and not to be tempted to deal with the insurer of the negligent party directly.