The crash & immediate aftermath
On 3rd August, our client, an experienced rider from Arbroath, set out for a work meeting riding his Triumph Rocket on the A937 from Montrose to Laurencekirk. Fully equipped with protective motorcycle gear, he encountered a queue of traffic near the village of Hillside. At the front of the queue was a slow-moving Honda Jazz, followed by a Mini and then a Tesla.
As the road opened up into a long, straight section, the Mini and Tesla pulled out to overtake the Honda. Seeing enough space, our client also decided to overtake, safely positioning himself in the opposing lane. The Mini and Tesla completed their overtakes and pulled back in. Confident that he had enough room and time, our client remained in the opposing lane, intending to pass both cars.
However, as he reached the midpoint of the Tesla, the driver suddenly and without warning, pulled out to overtake the Mini, completely unaware of our client's presence. With no time to react, our client braked hard, veering his motorcycle as far to the right as possible. The Tesla collided with the front of his bike, causing a dangerous tank slapper. Miraculously, our client managed to keep his bike upright, despite wrenching both arms in the process. The driver of the Mini, also a motorcyclist, was furious with the Tesla driver, who admitted he hadn’t seen the motorcycle at all and apologised profusely. The Tesla driver informed our client that he was insured through Admiral and would report the incident.
Admiral's Quick "Buy-Off" Attempt
Just over three months later, Admiral contacted our client, expressing their regret that he had been involved in an accident with one of their customers. They offered him a quick settlement of £5,000 for his personal injury claim. In the same email, they advised that he could seek independent legal advice but cautioned that involving a solicitor would likely extend the process, estimating it would take around 250 days to receive any compensation.
This was clearly an attempt to "buy off" our client with a low ball offer, hoping to close the case quickly and cheaply.
Seeking proper legal advice
Recognising the conflict of interest, our client wisely contacted us for advice. We pointed out that Admiral could not fairly represent both their customer and the victim of their customer's negligence. There was no doubt that our client's injuries were worth far more than the £5,000 initially offered.
With our guidance, our client ultimately settled the case for three times the amount Admiral had proposed.
This case highlights an all-too-common issue which is never to assume that the insurer of the at-fault party will act in your best interests. They have a clear conflict of interest. Their focus is on minimising pay-outs, not ensuring you are fairly compensated. It's important to always seek independent legal advice. You should never accept an offer from the insurer representing the third party without first consulting a solicitor. Insurers should never directly contact accident victims with offers of "help." They should simply advise the injured party to seek independent legal advice.
If you find yourself in a similar situation, please remember that you are entitled to proper compensation and specialist legal representation. Don’t let an insurer take advantage of you, we're here to ensure you get the justice you deserve.
Our Award Winning Team
Brenda Mitchell
Senior Partner
Brenda has been a Personal Injury Lawyer for over 38 years and for the last 20 years has specialised representing injured motorcyclists, cyclists and pedestrians.
Jodi Gordon
Partner
Jodi is a Partner at RTA Law LLP with 14+ years’ experience in catastrophic injury claims for vulnerable road users including cyclists and motorcyclists.
Thomas Mitchell
Partner
Thomas represents clients who have been involved in road traffic incidents and he specialises in representing vulnerable road users such as pedestrians, cyclists and motorcyclists.
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