MCN Law March round-up | 'Surveillance filmed from a public place is not illegal'
Paid partnership with BikeLawyer
Each month, we take a look at the questions that were sent to the MCN Law column, which is written by Andrew Campbell from BikeLawyer.
In February, Andrew was asked about two filtering-related cases. In the first, a pedestrian stepped out from the stopped traffic and in the second, a car driver made a sudden U-turn. He also addresses what the Motor Insurers’ Bureau is for and whether you can choose your own representation when you have legal cover.
If you need representation or legal advice with a biking matter, visit www.bikelawyer.co.uk or email andrew@bikelawyer.co.uk or call 01446 794169.
Who pays for the hire?
I was hit from behind at a junction last year. My bike was returned after three months when the repairs were complete. I was provided with a loan bike by my insurers and was assured I would not be required to pay any charges.
However, the third party’s insurers are refusing to pay the hire charges, and the hire company’s solicitors have issued a claim in my name to recover their losses. What would the consequences be for me if the case goes against the hire company?
John, email
Credit hire is a popular option for those in need of a replacement vehicle while their vehicle is being repaired after an accident. While such agreements offer initial convenience, they can be precarious and the terms of the agreement will dictate what can and cannot be done. In this instance, the consequences of an unsuccessful legal action will depend on the terms of the credit hire agreement you signed and whether the credit hire company chooses to enforce those terms.
There are positives to entering into a credit hire agreement, as it will usually give you immediate access to a replacement vehicle and should come at no initial cost to you. However, credit hire charges can quickly stack up and are often much higher than traditional rental rates. This can lead to lengthy and complex legal disputes on hire charges.
It is essential to read any agreement in full and weigh up the pros and cons and the alternatives before entering into such an agreement.
Was I partly to blame?
Back in October I was out for a ride and was on a country road when I had an accident with a stationary car. The car was parked just around a sharp bend and I didn’t see it until it was too late. I had various injuries but luckily nothing too serious, but my bike was a write-off.
My insurer has said that the accident has gone down as my fault, which seems unfair due to where the car was parked. I was not exceeding the limit and the car was left in a dangerous place. Can I claim compensation?
Ian H, email
Rule 243 of the Highway Code states that a driver should not stop or park on a bend. However, it is also established law that drivers should reduce their speed when approaching a bend in order to safely navigate around or stop before an obstacle, such as a parked car. You may succeed in a claim against the driver although there will likely be a significant reduction for contributory negligence, which represents your share of the blame.
The court will balance the culpability of both parties and the result will come down to the specific circumstances of the accident. For example, was your speed reasonable in all the circumstances and why the car was stationary where it was.
Can they use video footage?
I was off work for eight months recuperating after an accident. My injuries prevented me from working (I am a plasterer) but I was able to continue some hobbies. My solicitor has told me the other side has video of me working in my garden, which they say shows I have exaggerated how badly injured I was and they invited me to drop my claim. Is this something to worry about?
Richard W, email
Surveillance filmed from a public place is not illegal and there is little one can do to prevent an insurer carrying out surveillance, or object to its use in the case. It is often used by insurers in personal injury cases because if it shows the injuries and limitations are not as severe as claimed, the compensation can be reduced. A claim can even be dismissed if a judge finds that a claimant has been dishonest or has fraudulently exaggerated their injuries.
Claimants can be reassured that if they are honest and consistent when reporting the injuries then surveillance is unlikely to harm their claim. Sometimes surveillance even helps to show the day-to-day impact of a claimant’s injuries. You should ask your solicitor to ask for the unedited footage and the witness statements of the people who took the film.
Try their home insurance
I was riding to work in Bristol. The road layout was a single lane in each direction with pavements on either side. The speed limit there is 30mph. I was riding close to the speed limit, maybe 28mph or so. Two kids were riding self-propelled scooters on the pavement coming towards me on my side of the road. One of them fell off, lost control of his scooter and it came into the road in front of me. I tried without luck to avoid it but came off my bike, was injured and taken to hospital. I would like to make a claim. Is there someone to claim against like the Motor Insurance Bureau?
Shane, email
Unfortunately, the MIB only compensates victims of negligent untraced or uninsured drivers of motor vehicles so you won’t succeed with a claim against them. Another Government compensating body, the Criminal Injuries Compensation Authority (CICA), is unlikely to compensate you because you need to show a crime of violence has taken place to get compensation.
What you could do is investigate a claim against the child’s parents’ household contents insurer if they have this insurance. Such policies often cover negligent acts of members of the household away from the home. You should write to the parents and ask if they have this insurance. I assume the police will have the contact details.
