Motorcycle courier uses GoPro video in injury case

BusinessLegal

  • Author Mark Lampkin
  • Published May 1, 2015
  • Word count 454

We are presently acting for a motorcycle courier client from London for whom we are looking after his third non fault motorcycle accident claim. It is always very satisfying that client return to us but this client obviously faces an occupational hazard as his work places him squarely in the bracket of "vulnerable road user".

His previous accidents were dealt with swiftly and compassionately and we managed to secure early admissions of liability from the at fault insurers. This case however has taken a sinister turn as the insurers and their taxi driving client have chosen to fight what should have been a clear cut case.

The reason this case is so noteworthy is that our client, with the compensation from his first accident, invested in a state of the art GoPro which he religiously wears attached to his helmet and carries at least 3 fully charged batteries at all times so his travels are always filmed.

In this case he can be seen filtering through a line of traffic up to a set of traffic lights displaying red in his direction with a box junction ahead of him. Our client comes to a standstill and then the traffic lights across the junction can be seen changing from red to green and our client gently sets off whereupon a taxi comes quickly from his right trying to beat the lights and directly into collision with him sending him flying.

Despite this clear evidence we were staggered to face a vehement denial of liability from the other driver and his insurance company so we issued court proceeding immediately. We have now disclosed the video in those proceedings despite a full defence having been signed and filed in court.

We expect the insurers to see sense and deal with our clients claim properly but as yet there has been no real movement.

We will report upon the conclusion of this case in due course but wanted to share this information which may help other couriers and motorcyclists involved in road traffic collisions. The problem we are encountering is that insurers have put out this myth that all road accident claims are fraudulent and there is certainly a public perception of this. As a road traffic accident lawyers we dispute that there is any evidence of this and this particular case shows that insurers will use any tactics at their disposal to reduce claims and to avoid paying out.

Fortunately in this case our client has incontrovertable proof of his accident circumstances but without that he would have faced a difficult courtroom battle to secure his rightful compensation for his painful injuries.

We will report again upon the conclusion of this motorcycle accident case for our courier client.

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