Streamlining your motorcycle claim

1. How do you secure successful outcomes and positive settlements for your clients who have catastrophic injuries?

I engage in early, in-depth conversations with my clients. I take the time to understand their injuries, financial circumstances, living situation and if adaptations are required, the impact on their daily life and their family, and make thorough liability investigations. I maintain regular contact with my clients and engage the right experts when appropriate. As a biker myself, I meet my clients in person by travelling to them via motorcycle. I understand the biker community and have personal insight; this instills trust, confidence, and builds rapport. I focus on early intervention for rehabilitation by engaging a Case Manager to carry out an Initial Needs Assessment (INA). I have open and honest conversations with the Defendant Insurer from the beginning, working with them to ensure my clients have the best opportunity to recover. I have built a rapport with many opponents and have a reputation for working collaboratively. I understand my role is to safeguard my client’s future. I have recovered in excess of £22.5m during my 6 years at Bike Assist Legal, having dealt with a multitude of claims from complex fractures, brain injuries, amputations, and fatalities.

2. To what extent are you an expert in all you do?

I have been practicing as a Personal Injury Lawyer for 44 years and draw on my years of training and experience. I take a practical and ‘think outside the box’ approach; for example, when a claimant is an amputee and their living situation is no longer appropriate, I start early conversations with my opponent to arrange different accommodation or request interim payments when the claimant faces financial hardship. I understand each of my clients have unique requirements, and their injuries can also impact their families. I make an early assessment regarding capability and make arrangements to appoint a deputy or professional deputy when necessary. I engage in regular training with industry experts such as Counsel and Case Managers, and I attend conferences that focus on Rehabilitation and the advancements in aids and equipment to ensure that I am always securing the best treatment and settlement for my clients.

3. How do you work to promote and develop ADR (alternative dispute resolution) solutions for client who have suffered catastrophic injuries?

Effective ADR in catastrophic injury cases requires extensive early preparation, including gathering comprehensive medical records, employment history, and conducting detailed interviews with all relevant parties. This thorough groundwork ensures that mediations are well-informed and productive. I advocate for ADR & JSMs and make numerous investigations to ensure discussions are beneficial to both parties and will progress the matter. These include, Confirming whether the Defendant Insurers accept the medical evidence, Understanding if the Defendant Insurers intend to get their own medical evidence or if they already have their own reports, Identifying any areas in dispute and understanding what they are likely to be. Through regular correspondence with the Defendant Insurer, I assess when is the most appropriate time to proceed, ensuring that I’m acting in the best interests of my client.

4. In what ways are you practicing and championing client care and engagement?

I understand that my clients having complete trust in me is vital for our working relationship, and I spend a considerable amount of time learning everything about them by visiting them in person. A visit helps build rapport and enables me to assess their living situation so that I can offer my opponent details regarding rehabilitation needs. I offer my clients time and patience; I believe it is important they do not feel like they are one of many. I handle cases from the initial stages to settlement, offering continuity to the client and a personal experience. I assess what adjustments are needed for my clients in their home, daily life, and even their motorcycle, and arrange for such modifications.

5. How are you making a positive difference in the wider community?

Given my experience, I act as a mentor for trainee claims handlers, offering guidance and training to build their confidence. With my vast knowledge of different areas of law, I assist the wider group with personal and professional queries. I regularly attend the office to engage in the firm’s Corporate Social Responsibility initiatives. I have donated gifts during the ‘Angel Tree’ project at Christmas, supporting local children in foster care, contributed to colleagues taking part in sponsored events, and supported onsite fundraisers for Blood Bikes, The Bike Experience, Children In Need, and more.

6. What recognition have you received received from third parties?

TrustPilot - 5 Stars! - “As a family we greatly appreciate all the help and support from Neil Somerville following the loss of my father in a motorbike accident. The last few years have been awful, but he took us through the court process step by step, making sure everything was explained to us. We would like to thank him so much for all the hard work he put in, for fighting our corner and getting us through the process.”

Google - 5 Stars! - “My husband was severely, and life-alteringly injured in an RTA. For over 2 years, Neil has fought our corner, constantly appraising us of every next step, and very often being subjected to some very emotional and personal conversations with tears, sobbing and quite frankly things only close family should have listened to. He was so extremely kind, patient, understanding and professional, and gave us ‘laymans’ terms when it came to insurance speak-loaded forms. If not for Neil, the mysterious and encrypted world of insurance and all its ramifications would have leapt over our heads, and without him we would have floundered almost at the start. Thank you so very much Neil from both of us; stay well and ride safe.”

“I have worked with Neil for 14 years, having started in a Law Firm in an Administrative role. Neil has consistently acted as a mentor and coached me into a Fee Earning role, starting my legal career. His kindness, patience and encouragement has helped me to grow personally and professionally; his passion for his role continues to inspire those around him. Neil is a great example of what a Lawyer should be.” Alice Francis – Practice Manager.

In the recent Court of Appeal case Ali v HSF Logistics Polska SP. Zo.o [2024] EWCA Civ 1479, the Court addressed whether a Claimant could recover credit hire charges when their own vehicle lacked a valid MOT certificate at the time of the collision.

Mr Majid Ali’s parked vehicle was struck by a lorry operated by HSF Logistics, rendering it undriveable. At the time of accident, Mr Ali’s car had been without a valid MOT certificate for over four months. Subsequently, Mr Ali hired a replacement vehicle for 36 days, incurring charges in excess of £21,000, which he sought to recover from the Defendant.

The initial Court dismissed Mr Ali’s claim for credit hire charges, reasoning that, due to the expired MOT, his vehicle was not legally roadworthy. This decision was initially upheld by the High Court, which agreed that the absence of a valid MOT precluded the recovery of hire charges.

On 4 December 2024, the Court of Appeal overturned the previous rulings, determining that the lack of a valid MOT did not bar Mr Ali from recovering hire charges. The Court emphasized that the Defendant’s negligence deprived Mr Ali of the use of his property, causing inconvenience irrespective of the MOT status. It was noted that denying the claim based on the expired MOT be disproportionate, especially considering that driving without an MOT is a minor offence which is punishable by a maximum fine of £1,000.00.

This judgment clarifies that in cases where a Claimant’s vehicle lacks a valid MOT, they may still recover credit hire charges if their vehicle is damaged due to another’s negligence. The Court distinguished between minor legal infractions and the right to compensation for loss caused by a third party’s negligence, underscoring the importance of proportionality in such determinations (para. 48 – 54).

Advantages The Court of Appeal’s ruling in Ali v HSF Logistics offers several advantages for Claimants seeking recovery in similar circumstance:

1. Clarification on roadworthiness and compensation The judgment confirms that the absence of a valid MOT does not automatically prevent a Claimant from recovering compensation for hire charges or other losses caused by a third party’s negligence. This distinction ensures that minor infractions, such as an expired MOT, do not disproportionately disadvantage genuine victims of accidents.

2. Protection against disproportionate outcomes Claimants are protected from overly punitive consequences where a technical breach, like an expired MOT, has no causal connection to the collision itself. The Court’s decision prevents Defendants from exploiting such breaches to avoid liability for damages they have caused.

3. Preservation of rights to compensation The ruling reinforces the principle that victims of negligence retain their right to compensation regardless of minor vehicle related infractions. It acknowledges that Claimants should not be deprived of remedies for loss of use or inconvenience due to a third-party’s wrongdoing.

4. Reduced opportunities for Defendant to avoid liability Defendant’s can no longer rely on the ‘illegality’ defence, such as an expired MOT, to challenge claims where there is no causal link between the illegality and the damage caused. This provides Claimant with a stronger position when pursuing recovery for hire charges and other losses.

5. Encouragement of fairness and proportionality The judgment underscores the importance of fairness and proportionality in determining liability. By emphasizing that minor legal infractions should not lead to unjust results, the decision strikes a balance between legal compliance and the right to seek compensation from a third-party’s negligence.

6. Consistency in credit hire claims The ruling helps clarify and standardize the treatment of credit hire claims involving technical breaches, providing Claimants with a greater certainty and confidence in pursuing compensation.

Conclusion The Ali v HSF Logistics judgment is a significant development for Claimants, offering clarity, fairness, and protection against disproportionate outcomes. By distinguishing minor infractions from negligence-based liability, the Court of Appeal ensures that victims retain their right to recover damages, strengthening their position in similar future claims.

For any further information on Credit Hire recoveries, or to discuss your specific situation, please do not hesitate to reach out.

Credit hire, plays a critical role in the aftermath of non-fault accidents, ensuring people are not left without transportation while their damaged vehicle is being repaired or replaced. Those involved in Credit Hire will be familiar with the process and challenges faced, but how and why did Credit hire come to be? Below we’ll shine on a light on the often-forgotten origin story of Credit Hire.

The 1980’s saw a significant increase in the ownership and use of motor vehicles, which had become an essential part of how people lived and worked in their everyday lives. Given this, what happened back then if your vehicle was taken off the road because of a careless driver? The answer is not much, claimants often had to manage without a vehicle for extended periods, causing significant disruption to their daily lives. Some could afford to hire privately but for most life got a great deal more difficult and complicated. Courtesy cars were not commonplace and even today they are typically basic vehicles, provided only for a week or two and only if this option was selected as a policy add-on.

In the late 1980s, as a direct response to the challenges faced by motorists’ free replacement vehicle providers began to offer their services. They would provide free vehicles to the victims of road traffic accidents and seek payment from the at-fault insurer with an uplift to allow them to make a profit. This represented a paradigm shift in how people’s lives were affected by the loss of their vehicle, for the first time – they weren’t. Insurers also saw a change as they were now being asked to pay to keep victims on the road, or ‘in the same position’ as they were in before the accident.

How did insurers react to this gap in service which was not costing them money? The responses varied from insurer to insurer but for a great many, they were not keen to meet these new charges or to address the underlying issues they solved. So began a legal dispute between free-replacement vehicle suppliers and insurers, one that remains active to this day. The challenges ranged from ancient medieval law (‘Champerty’ was rightly dismissed by the courts) to more realistic technical arguments that went on to form the primary areas of dispute.

One such dispute was that the victim had suffered no loss. This was because the loss of their vehicle had been ‘made right’ by the free replacement vehicle they had been provided. Only losses suffered by the victim themselves can be recovered, as such the victim must pay out of their own pocket to then recover those charges back. This is correct in law, but would also put innocent motorists right back to square one. You either had enough money to pay for a replacement vehicle for an unknown period of time, or you were forced to go without and suffer the consequences of losing your mobility due to someone else’s negligence. The solution to this was Credit Hire and this is the mechanic that still serves innocent motorists today, without them having to reach into their own pockets after an accident that was not their fault. Instead of paying for the hire charges, they are incurred on credit, creating the ‘loss’ needed to bring the claim, which is then recovered from the at-fault insurer directly. Credit Hire is, at its heart a workaround to keep people mobile.

Landmark legal cases, such as Giles v Thompson (1991) and Dimond v Lovell (2000), established that claimants are entitled to replacement vehicles (if they continue to have a use for one). Though challenges to credit hire claims continued, often forcing matters to court and making the provision of Credit Hire difficult, uncertain and expensive. Unsurprisingly commercial rates increased, these are generally only sought on litigated cases and would ideally encourage insurers to settle claims without the need for litigation to avoiding lengthy and costly court proceedings. However, the trend of insurers passing ownership of these matters to specialist defendant law firms continues, firms that ultimately profit from continued contention and legal proceedings.

Today, credit hire services remain essential, but the environment has become more complex due to these ongoing legal challenges and the strategies deployed against them. For claimants and CHOs, this means that careful management of the claim and legal process is more important than ever to ensure that the costs are recovered efficiently and fairly. As claimant solicitors, our role is to navigate this intricate landscape, leveraging our understanding of both the legal precedents and the commercial realities that influence settlement negotiations, in order to achieve the best possible outcome. Whether through Pre-Litigation negotiations or, if necessary presenting these claims to the court, we ensure that the interests of our clients are protected throughout the claims process.

For any further information on Credit Hire recoveries, or to discuss your specific situation, please do not hesitate to reach out.

Exciting News from Bike Assist Legal!

We are thrilled to announce that Bike Assist Legal has been shortlisted for two prestigious awards at this year’s Personal Injury Awards.

Our firm is in the running for Catastrophic Injury Team of the Year and our very own Neil Somerville has been nominated for Catastrophic Injury Lawyer of the Year.

The awards ceremony will be held in Manchester on 28/11/2024, and we are incredibly proud of this achievement. It reflects our unwavering dedication to provide unrivalled legal services to all of our clients.

We would like to extend a big congratulations to all of the other finalists who have been shortlisted. Your hard work and dedication to the field of personal injury law are truly inspiring.

Stay tuned for more updates!