What we did

Initially, it didn't appear as though Ms Djemal's case would succeed because she had pulled out from a side road into the moped rider's path.

Background

However, we investigated the case more closely and found that the accident had occurred at night, on an unlit stretch of road, and that the moped's headlight wasn't working, nor was the rider wearing any high visibility clothing – in fact, he was wearing a dark jacket and trousers. 

We pursued the case on the basis that Ms Djemal could not have seen the moped approaching, and we managed to locate and take evidence from an independent witness who supported Ms Djemal's case. 

When the moped rider refused to admit liability, we issued court proceedings and pursued the matter all the way through to a full trial. We instructed a barrister to represent Ms Djemal and arranged for the witness to attend court.

On the day, the judge heard all the evidence and found Ms Djemal had indeed done nothing wrong, that she couldn't have seen the moped approaching, and that the moped rider should have known that the headlight wasn't working and stopped.

The judge awarded Ms Djemal 100% of her damages and dismissed completely the road traffic accident compensation claim being made by the moped rider.

Case handler

Dan Beckell is a case handler in the motor department, dealing with personal injury claims and acting on behalf of both claimants and defendants. He specialises in dealing with court procedure, appearing before the courts and taking cases to trial on a regular basis.

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