Moped Crash.?

Question

This morning, I was riding a moped. There is currently some flats being built so some temporary traffic lights have been set up. The light turned red so I pulled the brakes. I wasn’t going over the limit and I didn’t brake to tightly. However, due to the stones and other debris from the building works, I skidded out of control and came off my bike. It caused quite a bit of cosmetic damage and the wheel and steering bar will need to be realigned. I guess it will need to be checked for other damage. There were no signs warning over loose debris (which I think exist). I am entitled to money from the building company to cover costs? Am I entitled to any extra money for the fact I crashed and this obviously wasn’t fun! What is the best course of action to take? They are a big company. Any help would be much appreciated.

Thanks!

Answer 1

Did you have any witnesses to the crash, and did you get their contact details? I think I would go back to the site and take some photographs of the area, showing no warning signs, loose gravel on road etc.
You could then talk to your insurance company and see if they think it is worth pursuing. You could go and speak to someone at your local Citizens Advice Bureau.
Once you have got together witness statements, photos, and maybe a quote for repair from a couple of places, you could write to the building company suggesting that unless they pay/contribute towards costs you will pursue it through small claims courts?

Answer 2

First things first, get back down there and take lots of photos of the debris on the road and the damage caused to your bike. Try and make sure there is a digital time stamp on the pictures. Then get an estimation of the repair costs to your bike and any clothing that was damaged. I would suggest that in the first instance you write a letter to the director of the building company, enclosing copies of the receipts for the damage and ask for your costs to be covered by the company, dont rant and rave in the letter, but ask for a response within 28 days and send the letter recorded delivery. If that fails I would suggest first port of call be the citizens advice bureau and see what the reccomend, I dont think at this stage a "no win - no fee" solicitor will take the case, even though you do have one, because its not really their remit. You should also check with your insurance company and see if they have a legal cover on yoyur poicy that would take your case. Good luck with this, as a fellow motorcyclist its time that the building contractors who continually leave rubbish on the roads were held to account.

Answer 3

This is all about evidence. If you were to put a claim in against the builders you would have to prove that they were acting negligently by not displaying road works signs , you may also find that the claim is complicated by the fact that the builders may claim 2 things firstly that you should be riding with due consideration for the prevailing road conditions and secondly that they may not be wholly liable anyway as your local council is expected to keep the towns highways fit for use. I suggest you collate any witness names and addresses , take photo,s of the area from both directions starting 100m if it is a 30mph or 150 if 40 and take a series of pictures closing up to the site 10 meters at time . I would also get your self checked medically . After all that contact your insurers to notify them of your accident and explain to them why you will not accept liability for the accident and see what they sat. they mat decide to call some one like myself in to do an accident investigation , email if you want any further information

Answer 4

The short answer is that you are entitled to nothing from the building company. The highway code tells you the maximum permitted speed limits for the different road classes, however it also tells you to travel at the correct speed according to current weather conditions.
If it was possible to sue the builders then would it be possible to sue god when it snow's?
Unfortunately most motorcycles and scooters don't have ABS braking systems and are one of the major reasons why it is so important to be constantly aware of the road conditions.
For example I had a major spill about three years ago trying to avoid a car that had pulled out in front of me, I had to swerve out its path and unfortunately the road was moist and there was a man hole cover. Need less to say the front wheel washed out from under me and I was thrown from the bike at about 30mph.
Get the scooter fixed and keep a close eye on the road conditions in future.

Answer 5

You're supposed to ride "according to the road conditions", amongst other things, and you're expected to notice the condition of the road surface. Apart from anything else, you should expect that sort of thing near where works are being carried out. I'm afraid you won't have much chance. Sorry.

Answer 6

Before you do anything, get back down there and take pictures of the debris in the road.

Answer 7

Get a lawyer on the case, take photo's of the spot where you had your spill, and put in an injuries case against the builders company.

Answer 8

No. You should pay attention to any debris on the road. You have a narrow vehicle and can change your lane position accordingly.

Answer 9

You obviously chose too high of a speed for the circumstances. I don't think you are entitled to anything other than good punishment from your parents.

Answer 10

Try one of the no win/no fee insurance claim companies they should be able to help