Q Do I have to stick with my insurer panel appointed solicitor? He is a muppet. Some spoon banged into the rear of my bike at a junction. I fell off and got hurt. Simple you would think. However, the said “spoon” has alleged I reversed into him at speed after selecting the wrong gear and my solicitor simply doesn’t get that this is not possible. I AM ON A BIKE AND IT’S NOT A GOLDWING! WHAT IS NOT TO GET! My boyfriend witnessed the whole debacle and I am now bored of the battle. Can I swap solicitors?
A In short, the answer is yes. You are the Client, it is your case and it is your choice who you instruct. If your solicitor doesn’t understand bikes and what happened then find someone who does. This isn’t rocket science and there are loads of great solicitors out there who should be able to sort this mess out. If liability is denied, Court proceedings should be issued to get it in front a judge. As an aside, many people believe they have to use the solicitor appointed by their insurer. Often panel solicitors and insurers have a beneficial arrangement with each other, therefore they have a very strong interest to sell you the belief you have to use the insurance appointed solicitor. You don’t. It’s your choice. You could use a bike specialist, or you could use your local high street firm. Find the right solicitor for you as you’re going to have to work together.
White Dalton Solicitors is Britain’s most specialist motorcycle law practice. Managing partner Andrew ‘Chef’ Prendergast and his bike riding barristers compile Motor Cycle Monthly’s legal column very month, offering our readers essential motorcycle legal advice. www.whitedalton.co.uk