Insurers refuse to compensate injured motorcyclist

Motorbiking in Scottish Highlands

Our Dundee office acted for a motorcyclist who had been involved in a serious road traffic accident on a country road.

Our client had been proceeding on the country road, when the driver of a car failed to see our client, pulled out from a junction in to our client’s path, causing our client to take evasive action. The driver of the car remained oblivious to our client’s presence and immediately attempted a right turn in to another junction, whilst our client was taking evasive action. The right turn was directly across the path of our client’s motorcycle, causing a collision between the two vehicles.

The severity of the collision caused our client and his motorcycle to be thrown a significant distance, colliding with and partly demolishing a garden wall.

Our client sustained serious injuries to his internal organs, which resulted in the loss of his spleen. Our client felt he was unfairly tarnished by the police investigation. He instructed a firm of solicitors to consider a case; however they advised they could not assist because of the findings made by the police.

Our client then instructed Digby Brown’s specialist motorcycle accident solicitors to pursue an action for damages. It transpired that the same insurer covered both our client and the other party’s vehicles, and dealt with matters in-house – they provided our client with no information and did not assist him with his claim.

Through negotiation with the insurers, and careful collection of all of the relevant evidence, we secured an admission of liability from the other driver’s insurer, and secured a five figure sum of damages for our client to compensate him for his injuries and losses.

During the conduct of his case, given our client was insured third party only, we also arranged for an independent engineer to inspect and value our client’s motorcycle. Digby Brown recovered the pre-accident value of the motorcycle, and also the cost of the damaged motorcycle safety equipment.

Our client said:-

“I would just like to thank Digby Brown for their help in my case. My solicitor (Craig Brown) was exceptional in my case, kept me updated in the progress and I felt there was never any pressure on me for decisions I had to make, his advice throughout was a great help to me and my family.

I never expected anything near my settlement figure and would highly recommend. 

Thank you once again.

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