Motorcycle insurance: How to claim for a crash on mud

By Chris Dabbs -

 16 July 2010 17:25

If you lose the front of your bike on mud and straw while braking at a T-junction on a country lane like Rob McLean did, then you may be able to claim compensation.

“Judging by the tyre tracks the mud and straw was left by a tractor. There had been some overnight rain but the road surfaces were dry apart from this area, which was shaded under trees. Said Rob.

“I have to pay the fairly hefty repair bill myself - for the bike, helmet and boots - or claim through the insurance. I also came away with a sore shoulder, neck and sprained ankle too.  I feel angry that someone has made the road surface so hazardous. Do I have any grounds for a claim or compensation?”

He would be able to claim compensation from the farmer/land owner who left the mud and straw on the road. If necessary, you can find out who owns the neighbouring land by carrying out a Land Registry search.

If you can’t trace the actual person responsible, alternatively you would be able to bring a claim against the local authority as they have a duty in law to make sure that the road surface is maintained for all road-users. But the local authority would only be legally responsible if they knew or ought to have known about the problem and failed to clear it up within a reasonable period of time. To help your claim, do take photographs of the hazard.

Once you know who is responsible, you would be entitled to bring a claim for compensation for your injuries and your out of pocket expenses, to include the damage to your bike, riding gear etc.

EM10 RS10 MB10

 

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