Sorrymate have teamed up with Motorcycle Action Group as a Corporate Member.
MAG are well known amongst the biking community for their actions lobbying government in championing and promoting motorcycling in the UK.
Louise Burns-Lunt, director of Sorrymate.com said that this was an excellent opportunity to reach out to and support the biking community in the UK by offering legal advice and support to all their members.
What an incredible 10 days at Motorcycle Live.
Thank you to everyone who entered the Yorkshire Air Ambulance raffle. Finally, after 12 months of waiting, James Whitham drew the winners from the Sorrymate stand at Motorcycle Live yesterday.
Congratulations to the winners
👉 Winner of the YAA Race Bike – ticket no. 08585 Chris Plowman
👉 Winner of the signed LS2 helmet – ticket no. 1805 Mr Hart
👉 Winner of Dean Harrison race leathers – ticket no. 6414 Robert Popovici
👉 Winner of the track day – ticket no. 1091 Saphron Case
Thank you to everyone who has supported the raffle over the last 12 months we have raised over £12,000! Final figures to be confirmed.
Special mention to those who donated prizes and parts to make this amazing raffle possible.
Abba Motorcycle Equipment for the Skylift.
Race bikebitz gave us the Samco Hoses.
HEL donated the yellow brake lines.
Bike-It for consumables (handlebar, levers etc).
BikeTek for the Tyre Warmers.
Renthal for their Grips.
SBS for the brake pads.
Putoline for their lubrication.
Muc-Off cleaning & pressure Washer
Spada (Dean Harrison’s TT Leathers)
Track Bike Hire
Hifiber Race Body Work
Nikki Kennedy, engine builder
The final swan song for MCE (as was but now GR123 in administration).
Ever since the announcement was made that MCE insurance was going into administration, I have been working with several clients to sort out the fallout. Within the last few days, I closed my last file. If anyone out there is still having issues, do give me a shout.
This was interesting to me as a lawyer, and you might be interested as well.
SM (a MAG member) came to me as he had received notice from the Court that a person whose bike had been knocked over by his bike had made a claim and he now had a Court Judgment against him of nearly £20,000.00. Understandably time to panic. To be fair, he acted right away, firstly by applying to the Court to set the Judgment aside and secondly, by contacting Sorrymate.
What had happened is that MCE told the solicitors who were pursuing payment of the £20,000.00 to send all the Court papers to them and they would deal. The Court papers were sent and not dealt with and so Judgment was entered. The first SM knew about anything since he reported the matter months before, was the Judgment.
The key was to get the solicitors who act for the administrators to take over the application and to get MCE (as was) on record as the Defendant and SM taken off. This would seem simple, but it took at least 20 phone calls and quite a few emails to persuade the solicitors to get on board and deal. Perseverance was the key. That and a few cups of tea whilst sitting on hold. The secretary at the solicitors for MCE got to the point of actually recognising my voice when I called. I have to say that she was lovely every time.
The day for the hearing of the application arrived and the Judgment was set aside, MCE (as was) became the Defendant so all is well that ends well.
As SM put it “Just wanted to say again a big Thank You for all your help with the Court Hearing. We wouldn’t have had a clue on how to resolve this matter without your assistance.
Are you sure we can’t pay you for your time?
Is there a good address we can send a token of our appreciation to?
Once again, Many thanks. “
I thought a donation to Air Ambulance would hit the spot.
So, it would seem, the saga of MCE is concluding. Legally quite interesting and nice to give something back. Because of my opinion of MCE I did all the work for free. Sometimes it’s just about doing the right thing.
A new report shows that motorcycle fatalities have fallen
Newly published Department for Transport (DFT) statistics show an interesting trend regarding fatalities. In 2021 322 riders lost their lives in collisions involving another vehicle. The only year with lower numbers is 2020 with 299.
However where no other vehicle was involved, the number rises to 341, which is again on of the lowest recorded since 2012.
Tony Campbell, CEO of the Motorcycle Industry Association (MCIA), said: “It is encouraging to see the significant decline in motorcycle-related fatalities.”
He said the MCIA believe there are several reasons behind the improvement. They include steps forward with protective kit and electronics which are making bikes both easier and safer to ride. In addition, he believes the greater numbers of bikes, e-scooters and bicycles on the roads are causing drivers to be more on the alert.
“Overall, it is positive to see fewer riders killed on motorcycles,” he said. “But at the same time, any death in the riding community is one too many. The MCIA will continue to encourage riders through the Elite Rider Initiative to take advantage of Post Test Rider Training and we will continue to push the Government to think differently about the road safety of the biking community.”
The statistics generally indicate there are an increasing number of motorcycles and scooters on the roads, are other road users becoming more aware of motorcycles? Is rising costs of fuel and commuting pushing up two wheeled road users? We’d like to hear from you. You can email your thoughts to firstname.lastname@example.org.
At Sorrymate we encourage riders to take up BikeSafe at any point in your riding lifetime, either those recently qualified or the veterans that may just want a refresher.
Although statistics show a decrease in fatalities accidents are still happening and people are sustaining life-changing injuries. As bikers, we know how vulnerable riders are on the roads and we want to help you. If you are unfortunately involved in an accident and want legal advice, call us on 0800 6300 301.
Over six months ago the Department For Transport (DfT) made significant changes to the Highway Code. One of the most noticeable changes was made to the hierarchy of road users to increase the safety of those who are most vulnerable on the roads.
Although these changes have been made a hard copy of the new Highway code has only just been updated.
The Institute for Advanced Motorists (IAM) RoadSmart has reported that one in five motorists were unaware of the latest changes to the code. This makes up more than 7 million out of the 35.9 million drivers in the UK. Additionally, while 80 per cent of the survey respondents believe the changes to the Highway Code to be important, over half admitted they cannot remember the last time they referred to the code.
Cycling UK and others have voiced concerns that there has been nowhere near enough communication from the DfT. This is confirmed by the 51 per cent of drivers who believe the government has not done a good job communicating the updates.
Last year there were over 100,000 reported casualties on the UK’s roads, 1,560 of which were fatal and a further 27,300 of which were serious injuries. Based on these statistics more needs to be done to make UK roads safer. IAM RoadSmart director Neil Greig thinks the changes to the Highway Code pose “a serious safety risk which could actually see the updates code causing more conflict on our roads rather than less.”
We want to hear from you, have you seen changes in road users since the new code came into place? Email in your thoughts to email@example.com.
If you have suffered injury whilst out on two wheels let us know. We may be able to help and claim back any losses.
I wrote a while ago about the situation with MCE going into administration. This article is by way of an update.
The background is that MCE (as was) now Green Realisations 123 Limited, registered in Gibraltar, went into administration last year. All policies were cancelled as of 31st January this year.
The Financial Services Compensation Scheme must step in any pay compensation to
- those whose policies were cancelled before 12 months expired and who had paid up front for their insurance and
- Those people who made a claim on their policy between the date that MCE (as was) went into administration and 31st January this year and
- People who had made a claim against an MCE policy holder.
The administrators are the people tasked with managing, among other things, the handling of all the above claims.
For those who are seeking a refund of pre-paid premium, my understanding is that this process is ongoing, though slow. Those who have third party claims against a MCE policyholder should, in my view, claim against the actual rider and those claims will ultimately be met in full by the FSCS. I would not advise issuing against Green Realisations 123 Limited for reasons below.
If you are not at fault, claim for bike damage from the driver’s insurance and leave MCE out of it.
The real issues arise for those who have made a claim against their MCE policy.
I write to the administrators, the FSCS and after some chasing received a response from the Administrators.
If you have a claim under your MCE policy, they advise that you take the following steps:
The issue arises when the complaint fails. The gut instinct is to issue proceedings however, under the law of Gibraltar, which is the law governing the situation, proceedings cannot be issued against Green Realisations 123 Limited (previously MCE) without the permission of the Court or the permission of the Administrators. The Administrators have advised that they will not grant permission and will fight any application to the Court for permission. There is also a good chance that the costs of any application, if successful, would not be recovered. So, what to do.
I have spoken to a couple of people who have had some success. They did so by making themselves a real pain for the claim handlers. Whether this works for you or not, it may be worth the try.
- Follow the route of submitting the claim and making a complaint above
- Make a GDPR request for all the personal data they hold (Article 15). Google GDPR Article 15 and you will get a list of all the data you can request. Or you can see below.
- Challenge them to show their FCA (Financial Conduct Authority) reference number and ask how they are able to operate without supervision. Basically, ask awkward questions.
- Each time you do anything also offer to settle your claim for the amount that you think is reasonable. This allows them to consider the cost of arguing against the cost of paying you out.
If I get anything more, I will add it. In the meantime, I am writing to the Prime Minister, the Department of Transport and the Opposition to ask on what basis they allow insurance companies to operate in this Country without the laws of this Country applying.
And next time you insure, it might be worth paying a bit extra to insure with a UK registered company rather than a company who can hide behind the rules of a foreign jurisdiction. Just my thoughts.
On a closing note a couple of positive tales.
I was acting for a client whose son was killed in a bike accident and MCE were being a nightmare. The father came to me about a claim for the costs of the funeral etc. I submitted a claim to AXA Insurance for all losses except the bike as MCE were dealing with that. AXA paid out in a few weeks. Months later, after MCE and their solicitors had put every imaginable hurdle in my way I went back to AXA and asked if they could pay the bike directly as well. Yes, and within a couple of weeks all sorted. It was nice to come across some integrity and decency from an insurer so it should be noted.
A second case, a client who had been struggling to get MCE to handle a claim against him and was being taken to Court got in touch. One solicitor’s letter to the administrators and all sorted. It should not have taken a letter, but such is.
Art. 15 GDPR Right of access by the data subject
- The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46relating to the transfer.
- 1The controller shall provide a copy of the personal data undergoing processing. 2For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. 3Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
- The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
As of 25th March, new rules to The Highway code have come in to force to make using any hand-held mobile phone illegal while driving.
The changes were supported by 80% of respondents in a public consultation in 2021.
The new rules now state you must not use a device in your hand for any reason, whether online or offline. The law applies to you if you are.
- Supervising a learner driver
- Stopped at traffic lights
- Queuing traffic
- Driving a car that turns the engine off when you stop moving
- Holding and using a device that’s an offline or in-flight mode
The only exceptions are needing to call 999 or 112 in an emergency or making a contactless payment in a vehicle that is not moving.
It is important to stay up to date with any changes made to The Highway code as it is your responsibility for the safety of other road users.
You can view The Highway Code for free on www.gov.uk/guidance/the-highway-code