Motorcycle accident on M876 slip road leaves rider seriously injured
When a motorcyclist suffers serious injuries in a road traffic collision, the consequences can be devastating. Beyond the physical pain and uncertainty surrounding recovery, there can be immediate financial pressures, particularly when an injured rider is unable to work.
For Ryan, a 33-year-old motorcyclist from central Scotland, those pressures were compounded by an insurance company determined to settle his compensation claim before the full extent of his injuries was understood.
Fortunately, Ryan contacted Motorcycle Law Scotland, and our specialist motorcycle accident lawyers were determined to ensure he received the compensation he deserved.
Ryan was riding his Harley-Davidson XL883 Sportster home from work. He was travelling along the slip road from Denny Loanhead, near Bonnybridge, intending to join the M876 when a car struck his motorcycle from behind.
The impact threw Ryan from his bike, causing serious injuries.
The car driver admitted that he had been distracted by his crying child in the back seat. Having turned around to attend to the child, he simply failed to see Ryan ahead of him.
Ryan sustained a significant fracture to his left femur, along with other soft tissue injuries, and required hospital treatment.
While still an inpatient, Ryan contacted Motorcycle Law Scotland for legal assistance.
At the time, he was employed at a call centre and was not entitled to receive pay during his absence from work. Understandably, he was extremely concerned about how he would manage financially while recovering from his injuries.
We visited Ryan in hospital to discuss his circumstances, reassure him and ensure that his claim was intimated promptly to the responsible driver's insurer.
Liability was admitted at an early stage. However, that was where the insurer's co-operation effectively ended.
Insurer attempts to settle motorcycle injury claim before medical evidence is available
Knowing that Ryan was under considerable financial pressure, the insurer made an early pre-medical settlement offer.
A pre-medical offer is made before the necessary medical evidence has been obtained to establish the full nature, extent and likely long-term consequences of an injury.
For someone unable to work and facing mounting financial difficulties, the prospect of receiving compensation quickly can be extremely tempting.
But accepting an offer too early can have serious consequences.
Once a personal injury claim has been settled on a full and final basis, the injured person cannot ordinarily return to seek further compensation if their condition deteriorates or additional treatment becomes necessary.
We made it clear to the insurer that we would not recommend accepting an offer before Ryan's injuries had been properly investigated.
This was particularly important given his age and the severity of his femur fracture.
Ryan subsequently required multiple surgical procedures and numerous hospital reviews. His injuries also resulted in a shortening of his left leg, leaving him with significant mobility difficulties.
The leg length discrepancy affected his gait and meant that he required a walking stick to assist with walking.
We instructed specialist orthotic evidence to establish how appropriate footwear adaptations, including shoe inserts, could help compensate for the difference in leg length.
Importantly, the cost of orthotics was not simply a one-off expense. Future replacements would also be required, potentially throughout Ryan's lifetime.
These were precisely the kinds of long-term consequences that could easily have been overlooked had Ryan accepted the insurer's early offer.
Insurer increases settlement offers as Motorcycle Law Scotland refuses to back down
Despite our repeated explanations that the medical investigations were ongoing, the insurer continued attempting to secure an early settlement.
Offers of £20,000, £25,000 and £30,000 followed.
Each was made against the background of Ryan's financial vulnerability and before the full long-term consequences of his injuries had been established.
Rather than engaging constructively with Ryan's rehabilitation needs, the insurer continued to focus on bringing the claim to an early conclusion.
We considered this approach entirely unacceptable.
At Motorcycle Law Scotland, we understand the pressures that injured motorcyclists face, particularly when a serious injury prevents them from earning a living. However, financial hardship should never become an opportunity for an insurer to secure an undervalued settlement.
With little meaningful progress being made, we raised court proceedings to protect Ryan's interests.
Once the case was in court and the insurer's appointed solicitors became involved, constructive discussions finally took place, supported by the medical evidence we had obtained.
The result?
Ryan's claim settled for almost three times the insurer's original £20,000 offer.
It was a significantly better outcome, achieved because Ryan had specialist lawyers prepared to challenge the insurer's approach rather than recommend a premature settlement.
Why injured motorcyclists should never rush to accept an insurance settlement
Ryan's case highlights an important lesson for every motorcyclist injured in a road traffic collision.
An early offer of compensation is not necessarily a fair offer.
Serious injuries can have consequences extending far beyond the initial hospital admission. Further surgery, ongoing pain, mobility restrictions, loss of earnings, future treatment and specialist equipment can all affect the true value of a compensation claim.
That is why we believe it is essential to understand the full medical picture before advising a client to accept a final settlement.
Where liability has been admitted and the circumstances permit, an interim payment of compensation may provide financial assistance while medical investigations and rehabilitation continue.
This can help relieve immediate financial pressures without requiring the injured motorcyclist to abandon the remainder of their claim.
Ryan's experience demonstrates why having an experienced, specialist motorcycle accident lawyer can make such a difference.
Injured in a motorcycle accident?
Before accepting an offer from an insurance company, speak to Motorcycle Law Scotland. Our specialist motorcycle accident lawyers understand the injuries motorcyclists suffer, the long-term consequences they can face and the importance of securing the compensation they 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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