Robert Stevenson - Successful outcome after defective overbanding causes motorcycle accident

Motorcycle on Country Road in Scotland

When Rob Stevenson lost control of his bike as a result of his front tyre sliding on a strip of defective overbanding, his bike ended up in pieces and he was lucky to escape with only a broken ankle, wrist and collarbone.

“As no other vehicles were involved, when the police arrived, I explained how the bitumen which sealed the new tar to the old tar had been the direct cause of the accident and assumed that would be the end of any police involvement.”

Accused of causing motorcycle accident and charged with careless driving

Three months later, Rob was charged with careless driving with excessive speed, despite another motorcyclist also crashing on the same corner in the same conditions and doing a similar – and equally legal - speed.

Insurance company refused legal assistance and lost no claims bonus

As Rob was entitled to legal assistance through his insurance policy, he decided to pursue a claim against the company which had applied the bitumen to the road.

However, Rob’s insurance company decided there was no chance of him winning his case and refused to provide legal assistance. 

“And, as they decided the accident was my fault, I even lost my no-claims bonus,” adds Rob.

Charges dropped by police after similar motorcycle accident happens

A few weeks later, there was another motorcycle accident at the same corner – but this time, one of the attending police officers was a motorcyclist who described the bitumen as being ‘like ice’.

“Soon after that, the charges against me were dropped,” says Rob.

“In the space of four months, there had been at least three accidents at the same spot which could have had fatal consequences,” said Rob. “I knew the motorcyclist who was involved in the second crash and he had told me that the ditch at the side of the road was littered with broken bits of motorcycles – he described it as ‘a motorbike graveyard’.”

Determined to pursue claim against road contractors for motorcycle accident

Determined no-one else would be a victim of this defective road surface, Rob vowed to pursue his claim against the road contractors.

Many firms refused to take on his motorcycle accident claim - except Digby Brown

Despite being told repeatedly that he had no chance of winning, Rob finally found a company to take on his case when he contacted Digby Brown Solicitors.

“Up until then, I often felt as though I was hitting my head against a brick wall – but when I met the Digby Brown team in the Motorcycle Law Department, I became much more optimistic,” says Rob.

Won claim against road contractor for motorcycle accident

After a lengthy legal battle, Rob won his case against the road contractor - who had applied the bitumen to the road without adding skid resistant stone – and was awarded compensation.

“It wasn’t about the money but if it wasn’t for Digby Brown, I wouldn’t have received anything,” says Rob.

“What made the difference?

"The firm’s legal knowledge, sheer persistence, dogged determination – and understanding of motorcycles. I am very glad I went to Digby Brown.”

If you wish to make a motorcycle accident claim in Scotland, call the Digby Brown Motorcycle Law Department on 0333 200 5925 or complete an Enquiry Form.

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