Gildeas’ outstanding support : a biker’s journey to recovery after a motorbike accident
When Allan, a dedicated motorbike enthusiast was involved in an accident he turned to Gildeas for help. This article explains his challenges and highlights the support provided by Gildeas throughout his journey to recovery. It also gives an insight into the fight put up by the insurers of the van that reversed into him.
Biker’s journey to recovery with Gildeas’ support
Gildeas were approached to help Allan and they instructed physiotherapy to assist his recovery. Gildeas intimated the claim to the insurers of the van. The insurers released camera footage from the van. The footage was from high up on the back of the van and the insurers argued Allan had stopped too close to the van, there was no impact and that Allan had thrown his bike to the ground. Their position was the angle of the footage did not clearly show contact.
The accident was toward the tail end of lockdown. Allan had a stressful job, his motorbike was a useful escape for him to clear his mind. Fortunately his injuries were not significant and a hire bike was supplied to him allowing him to continue to ride. Liability continued to be denied and arguments were made about the cause of his injuries and the need of a hire bike.
A court action was raised for Allan. The other side instructed an advocate to defend them clearly of the view this was, for them, a complex case.
A court order was sought to recover the driver’s training records – these showed the driver had to ensure there was nothing behind prior to reversing. A further order was sought to allow the van to be inspected so that it could be confirmed the camera footage was visible live while the van was being driven, this was opposed. It was denied in court the van was still under the control of the delivery company. The first hearing was continued to allow an application to DVLA for details of the ”new” registered keeper of the van to be obtained. The van was thereafter remarkably found – working in another part of Scotland for the same company!
On the eve of the motion calling before court for a second time opposition was dropped, allowing the court to grant the order for inspection of the van by our expert and for a court appointed official to oversee the inspection.
Within less than a week we had an offer that would pay Allan compensation for his injuries but not the full hire charges as the other side tried to argue there was no need for a hire bike. After some further negotiation the offer was improved and settlement was secured.
Allan, the motorbike enthusiast at the heart of this story, had this to say about his experience with Gildeas:
”My experience with Gildeas was absolutely top class, anything I didn’t understand was explained to me. Stephen was very good, explaining the process and keeping me up to date with the case”.
In cases like this it is important to seek the right legal advice. Not every firm will comprehend the importance of a motorbike. Allan had a car but his bike was his escape valve. It allowed him to clear his head and maintain his mental health at a very difficult for everyone. Not every firm will organise physiotherapy treatment to assist with recovery – early treatment results in both faster and better recovery from soft tissue injuries. These are important considerations when you have been involved in an accident as a #biker.
Gildeas – Making Personal Injury Personal
Gildeas Solicitors have offices in Glasgow and Edinburgh and specialise in personal injury cases, including road traffic accidents.
We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles.
Customer satisfaction is our top priority. According to customer reviews , among civil law firms with over 200 reviews, we proudly hold the second highest rating in Glasgow. We currently have a stellar rating of 4.9 on Reviews Io and 4.7 on Google [September 2023].