My son, travelling on his motorbike with a friend riding behind him (also on his own bike), pulled into the middle lane of motorway to let cars on the slip road easier access. Friend did the same but didn't notice that my son had eased of the accelerator. He braked hard to avoid colliding into the back & as a result dropped his bike resulting in a couple of broken bones in his foot.
Although police (they were passing) said no case for my son to answer the rider of the other bike is now saying that he is going to claim against my son for damage to his bike and leathers calining that my son was negligent in that he didn't make allowances for the person travelling behind him!!!
I know what the answer is but am curios to see others thoughts on this.......Many thanks
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I don't think he has to make any allowance for drivers or riders behind him, that's why groups of bikes ride in staggered formation, so you can ride up the side of the bike in front in an emergency.
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claiming that my son was negligent in that he didn't make allowances for the person travelling behind him!!!
If someone runs into the back of you (or in your son's friends case has to take avoiding action to prevent running into your son's motorbike) then obviously the friend hasn't left enough braking distance between him and the bike in front.
In other words, your son's friend didn't make allowances for the person travelling in front of him - not the other way around.
Oh, and in the eyes of the law, (and insurance companies), its always the person who runs into the back of you that's at fault.
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Sorry but I can't stop laughing at this - how on earth can we all (as drivers or riders) start making allowances for everyone that is driving / riding behind us - it's impossible.
As DD says :- obviously the friend hasn't left enough braking distance between him and the bike in front and hence has not and sufficient allowance - or was riding without due care and attention.
I'm sure the insurance compny will view it this way as well.
Good luck - PS are they still friends ??
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>>the rider of the other bike is now saying that he is going to claim against my son for damage to his bike
Tell him to take his best shot !! Ridiculous.
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Can we have more easy questions like this please? :-D
I'm not laughing at you because obviously when someone makes threats of litigation it's natural to take them seriously, but forget customer service - I think I would be only too pleased to laugh in someone's face if they wanted me to take that on as the claimant.
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>>saying that he is going to claim against my son for damage to his bike and leathers <<
How is he going to make this claim ?
I wouldn't think his insurance company would persue this - and I can't see a claims solicitor taking this on. This would seem especially true if the police attended.
Will your son be claiming for any damage to his bike ?
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Sheesh!!!! I don't believe this one (in fact I do - litigation fever hits Britain!)
BUT let us take a hypothetical step backwards on this one...
Now, your son's 'friend' was following him in a Hummer.
Didn't see him slowing down.
Hummer 1 Your Son's motorcycle 0.
(Your son? Not very well.)
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Was the date of the claim 1 April, by any chance? He surely is having a Turkish, as there really is no other explanation. Suggest your son asks him to quote the precedant for this claim.
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Can't possibly see how he has a claim:
1) Second rider failed to allow adequate braking distance, and to correctly judge the traffic ahead of him.
2) The policemen, as independent witnesses, can state that your son was not at fault.
Glad to hear your son was OK, though.
- Gromit
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Thanks to all who've taken the time to reply to this 'farce'. I know what the answer is but it is very difficult when faced with it - and the person involved was told by a solicitor that there could be a claim!
I think that I will counterclaim for stress to myself and my son!!
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time to end a friendship me thinks.
--
\"a little man in a big world/\"
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and the person involved was told by a solicitor that there could be a claim!
If your son's friend has told you and your son that, then as oldman suggests, it's time to end the friendship, as friends shouldn't lie to one another, and if they do, shouldn't be trusted.
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