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Title: Bikelawyer victory for claimant in his negligence claim against his former solicitors

Amount: Claim settled in full

Bike Lawyer was recently instructed to take over the conduct of a claim for Mr L as the solicitors appointed by his insurance company (hereinafter referred to as CW) had been slow to progress his claim.  The accident circumstances were that Mr L had been riding his motorcycle along a town centre road and was filtering through stationary traffic when a third party (Miss S) pulled her vehicle out of a car park, having placed reliance upon an unidentified party flashing their headlights to her and her relying upon that signal as an indication that it was safe for her emerge from the car park.  Miss S drove her vehicle across the path of Mr L and Mr L was unable to stop or take avoiding action and a collision followed.  As the prospects of an accident are increased when a motorcyclist filters past a junction then an element of contributory negligence will attach to the motorcyclist and the Courts have determined that in like circumstances that liability should be split equally.

Upon receipt of the file from CW it was immediately clear that a more advantageous offer had been made by the third party to split liability on an 80:20 basis in favour of Mr L nearly 3 years earlier.  This offer had been open for acceptance for a period of 21 days and thereafter was withdrawn.  CW had appointed an unqualified file handler to run Mr L’s case and not only did he fail to accept the offer in time, he had in fact incorrectly advised Mr L to reject the offer seeking to place reliance upon a case that had no bearing at all upon the accident circumstances.

BikeLawyer settled the issue of liability on a 50:50 basis directly with Miss S’s insurance company and then subsequently commenced a claim alleging professional negligence against CW for the additional 30% of the claim value.   CW took a commercial approach to the claim and settled the claim for the additional 30% in full and uncontested.

This demonstrates the importance of instructing a qualified solicitor that has specialist motorcycle litigation knowledge and  who can apply it correctly to the specific facts of each case on a case by case basis. It also indicates that the insurer appointed panel firms may not always be the best choice for injured motorcyclists and Bikelawyer reminds claimants that they have complete freedom of choice to instruct the solicitor of their choice.

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