We recently acted for a motorcyclist involved in a claim arising from a road traffic accident that had an unusual twist in that the claim included damage to a helmet. What is unusual about that you may ask as almost all motorcycle accidents will include a claim for a helmet? Well the unique feature of this accident claim is that our client was driving her car at the time.
Clearly she was not wearing her helmet at the time but she had the helmet in the boot as she had recently collected it from a helmet airbrush artist who had done a fantastic job of spraying it with graphics showing the cartoon character Betty Boop.
Her car was violently struck by another vehicle in a high speed impact causing substantial damage to the rear of her car especially to the boot. The helmet which was in cloth helmet bag was struck and damaged.
As expert motorcycle accident lawyers, our advice to our client was that the structural integrity of the helmet may have been compromised and so a claim should be presented for its full value including the artwork, the invoice for which was dated only one week prior to the accident.
Given that the total claim for the helmet and the artwork approached £1000 the insurance company for the at fault vehicle disputed payment strongly necessitating full proceedings that lead to a hearing before a Judge.
The Judge followed our arguments that our client should be put in the position she was in prior to the accident and the only way to do this was to award her the full value of the helmet and the artwork. Despite strong opposition from the insurers this is exactly what was awarded.
When so much of our work involves damages and losses sustained by motorcycle riders in accidents we are delighted at this result which we will use when faced with a similar situation.