Taxi driver's view is obscured

Motorcyclist View at Blind Summit

Marc came to Motorcycle Law Scotland after a previous client recommended our services to him. His insurers appointed a firm of solicitors for him but Marc was convinced from speaking to his friend that MLS would be able to assist and, as motorcyclists, would better understand what happened to him. An early meeting was set up with Marc to fully understand the circumstances surrounding his rather unusual collision. No two cases are the same and no two clients are the same.

On the 2nd June 2016, Marc was riding his Kawasaki ZR9R (Ninja) in a westerly direction from Kilmarnock to Irvine on the B751. He was making his way home from work. As he proceeded on the B751, he approached a blind summit and reduced his speed accordingly. As he reached the top of the blind summit, a taxi emerged from a concealed farm entrance to Marc’s left or nearside.Farm Entrance

Marc hit the brakes but was unable to avoid a collision and his rear wheel hit the rear offside of the taxi. He was taken by ambulance to Crosshouse Hospital in Kilmarnock. He had suffered severe soft tissue bruising to his left hip, left wrist, right heel and right leg. He also suffered a lacerated right knee and a broken scaphoid.

MLS intimated a claim on Marc’s behalf to the third party insurer. The taxi driver had attempted to turn right when his view had been obscured. The driver should have turned left and then looked for a safe turning point. Mark could not possibly have seen the emerging taxi until it was too late. In our letter of claim, we stated the driver failed to exercise adequate care when emerging from a farm entrance and onto the public highway. Marc was travelling on that highway at a safe speed. Liability was admitted and so investigations turned to the value of the claim.

A medical expert was instructed to provide a report. That report, together with full details of Marc’s loss of earnings, protective equipment, replacement helmet and out of pocket expenses, was sent to the third party insurer and settlement negotiations began. The first offer was far too low and far less than Marc deserved for his pain and suffering. Further negotiations, on Marc’s behalf, resulted in a fair offer and, on our recommendation, Marc accepted the offer. 

Marc said,

"After my crash in 2015, I was at a complete loss as to what to do. My insurance company (MCE) passed me to Gildeas and both of them left me with zero faith. My friend recommended Brenda Mitchell at MLS. After sending a frantic email regarding my situation, they got back to me the same day and with one phone call alone I was put at ease and knew what was what. It's been a long process but I was kept up to date every step of the way and well informed of procedures currently taking place. Highly recommended if you are involved in a crash on a motorbike."

Brenda was also delighted for Marc and commented,

“Each case is fact sensitive and so it’s really important to fully understand the circumstances surrounding any collision as that gives you the edge when it comes to negotiating with insurance companies. Often, when a collision has occurred in a rural location, insurance companies often cite a horrible case of Arnott v Sprake but we have countered that on many occasions including the successful case of Adam Russell v NFU. An understanding of motorcycle dynamics and control is essential. Understanding your client and keeping in regular contact is just as important. I am so thrilled that Marc got the result he deserved and am grateful to him for his kind words."

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