Accident while doing Direct Access
Discussion
Hello I need some advice please.. I'm new to biking and been riding my 125cc to work without any problems..I decided to do my full bike licence.. while doing my module one I lost control of the bike in the figure of 8.. I put my leg down to try and balance but unfortunately the bike was heavy and fell on me... I broke my leg and smashed my kneecap eight days in hospital and a operation to fix my broken leg.. what's the law about personal injury in this circumstance?
Thank you.
Thank you.
DarranP said:
Thank you.. I was very nervous riding the bike
completelyy different setup to my bike... Gears and braking.. plus dam heavy.. I feel I was riding too slow and didn't guess the weight would be so heavy... I've checked my insurance policy I'm not covered on another bike :-(
I don't think you have a leg to stand on. completelyy different setup to my bike... Gears and braking.. plus dam heavy.. I feel I was riding too slow and didn't guess the weight would be so heavy... I've checked my insurance policy I'm not covered on another bike :-(
Did you go through a training school, or just book the test yourself?
If through a school then the instructor would have a duty of care to ensure you are competent, you could have a claim against them but you would only have a short time in which to make it.
So....... you'd better hop to it!
If through a school then the instructor would have a duty of care to ensure you are competent, you could have a claim against them but you would only have a short time in which to make it.
So....... you'd better hop to it!
DarranP said:
Hello I need some advice please.. I'm new to biking and been riding my 125cc to work without any problems..I decided to do my full bike licence.. while doing my module one I lost control of the bike in the figure of 8.. I put my leg down to try and balance but unfortunately the bike was heavy and fell on me... I broke my leg and smashed my kneecap eight days in hospital and a operation to fix my broken leg.. what's the law about personal injury in this circumstance?
Thank you.
Sorry to hear about your injury. Just out of interest, whom were you planning on claiming against?Thank you.
Thank you... I wanted some sensible advice... Fact is I've broken my leg I wondered if training schools took out public liability insurance for their bikes and trainees.. if I knew that now I would have spoken to my bike insurance company and added personal injury on another machine... thank you regardless of blame...I just wanted some information..
Thank you... I wanted some sensible advice... Fact is I've broken my leg I wondered if training schools took out public liability insurance for their bikes and trainees.. if I knew that now I would have spoken to my bike insurance company and added personal injury on another machine... thank you regardless of blame...I just wanted some information..
First things first; who do you think owes you compensation?
If you were riding a training school's bike at the time and had not been adequately trained to carry out the manoeuvre you were attempting or if there was something wrong with the bike that caused it to happen or if there was some kind of road defect then you might have a small chance of a claim.
Ultimately, you are relying on a tort of negligence; did someone owe you a duty of care? Was that duty of care breached? Did harm or loss occur?
Either way, good luck and hope you heal soon.
If you were riding a training school's bike at the time and had not been adequately trained to carry out the manoeuvre you were attempting or if there was something wrong with the bike that caused it to happen or if there was some kind of road defect then you might have a small chance of a claim.
Ultimately, you are relying on a tort of negligence; did someone owe you a duty of care? Was that duty of care breached? Did harm or loss occur?
Either way, good luck and hope you heal soon.
Sorry to hear about the injury but be logical, who do you think could pay out in this event?
For the school to pay out you would have to claim from their insurance in some manner and they will only pay out if you find them negligent - do you think they were - doesn't sound like it?
I not long completed my DAS and after the 125 I was rolling around the yard on the larger bike with them getting me to do slow manoeuvres before going on the road - similar to those you do in mod 1, if I had dropped the bike at that point and injured myself I can't see why it would have been their fault, can you?
You essentially made a mistake and it didn't end well, but not every event has somebody at fault (other than yourself) that you can throw blame at - to get money from someone that's what you are doing, suggesting they are to blame and owe you compensation.
For the school to pay out you would have to claim from their insurance in some manner and they will only pay out if you find them negligent - do you think they were - doesn't sound like it?
I not long completed my DAS and after the 125 I was rolling around the yard on the larger bike with them getting me to do slow manoeuvres before going on the road - similar to those you do in mod 1, if I had dropped the bike at that point and injured myself I can't see why it would have been their fault, can you?
You essentially made a mistake and it didn't end well, but not every event has somebody at fault (other than yourself) that you can throw blame at - to get money from someone that's what you are doing, suggesting they are to blame and owe you compensation.
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