The claimant, in this case, suffered injuries and incurred significant financial losses as a result of a road traffic accident. The claimant was driving his Yamaha motorbike along the A41 in Aylesbury in November 2011, when a white RSPCA van in front of him – searching for a missing dog – suddenly turned right into the path of the claimant.
The arrows on the road were clearly visible and signs were in place warning that the dual-carriage way was merging into one lane. However, whether the van driver failed to see the signs, or whether he saw the missing dog he was looking for on the opposite side of the road, he failed his most basic driving skill in giving his full attention to the road and other vehicles.
The claimant, Mr T, tried to steer his motorbike to the right in order to avoid hitting the van, however, due to the speeds at which both Mr T and the van were driving at (60 miles per hour) – the front wheel of Mr T’s bike locked and the claimant went into the side of the van.
Mr T was wearing his protective clothing which was badly damaged during the accident, and both the claimant and a witness blamed the van driver for causing the accident despite this experienced motorcyclist taking measures to try and avoid a collision.
When Mr T hit the side of the van he sustained several injuries and was taken by ambulance to hospital where he was complaining of chest pain. Mr T suffered bruised ribs and a left hamate (the bond in the wrist). The hospital diagnosed the claimant as suffering from ‘pain in the anterior abdominal wall’ and soft tissue injuries.
The claimant’s employer advised him to take time off work – which he was paid for, however, the cost of the damage to his bike, injuries and damage to his protective clothing added up significantly. In addition, Mr T’s motorbike was written off following the damage it sustained.
Due to the insurance policy that the claimant took out prior to the accident only cover him for a replacement motorbike and not a car, he was left with no means of getting to work for five months following the accident, as he had a knee injury and was unable to drive a motorbike. Mr T had to rely on his partner and his parents to drive him to and from his place of work – which was 93 miles away.
As a result of Bott and Co’s specialist motorbike accident team, Mr T secured three times the amount of compensation than was initially offered.
His partner and parents then had to return home. In total, they drove 33,000 miles taking the claimant to and from his place of work. Mr T saved up to buy a replacement vehicle in April 2012 in order to avoid the stress of trying to go about his daily business.
For the accident, Mr T received general and special damages totalling £7,480.41 which includes the cost of travelling to work, damages to his clothing and the cost of buying a replacement vehicle. The defendant’s insurers initially denied liability and only offered an initial £2,512.
However, as a result of Bott and Co’s specialist motorbike accident team, Mr T secured three times the amount of compensation than was initially offered
Since the accident, Mr T continues to receive pain in his left knee and in his abdomen which causes him a great deal of discomfort.