Faulty motorcycle accident claim

Posted on October 6, 2026

Despite this known safety issue, the client was assured that the bike was safe to ride. He subsequently suffered an accident and successfully pursued a compensation claim.

Compensation claim for motorbike rider

Motorcycle accidents can occur for a variety of reasons, including faulty equipment and mechanical defects. This was the case for one of our clients, whose motorbike had defective brakes that were subject to a DVSA Vehicle Safety Recall. Despite this known safety issue, the client was assured that the bike was safe to ride. He subsequently suffered an accident and successfully pursued a compensation claim.

The Personal Injury lawyer at Pearson Solicitors secured a £20,000 settlement for our client, who brought a claim against the defendants for failing to fulfil their duty of care. This included exposing him to a foreseeable risk of injury by failing to inform him of the DVSA Vehicle Safety Recall and negligently assuring him that his motorbike was safe to ride when he collected it following servicing.

The defendants denied liability throughout the proceedings. However, an agreement was eventually reached, resulting in the claimant receiving £20,000 in compensation.

Consumer Protection Act 1987

The bike in question was a £6,000 Royal Enfield Interceptor 650 motorbike bought from an online provider who stated the bike was fit for purpose, and safe to ride. Unknown to our client it had defective brakes and had been part of a general DVSA Vehicle Safety Recall regarding the brakes binding and there was a general recall to fix the issue.

The motorbike was defective within the meaning of the 1987 Act, in that its safety was not what is generally expected. Consequently, the Defendant (the online provider) was strictly liable for the injuries, all loss and damage sustained by our client.

Consumer Rights Act 2015

Whilst in addition the Consumer Rights Act implies the following terms into the contract for the sale of the bike, stating:

The motorbike must be of satisfactory quality (taking into account the description provided by the Defendant, the price of the motorbike and the conditions of the motorbike)
The motorbike must be fit for the purpose for which it was being sold
The motorbike must be in accordance with any description given by the Defendant
The motorbike should be durable enough to last for a reasonable period, given its nature, price and relevant circumstances

Motorcycle accident case

Personal Injury Lawyer, Lisa Anderson who worked on the motorcycle accident claim said:

“Our client had only had his new motorbike a month and having done just over 300 miles he took the motorbike back to the Defendants for its first service, as is normal procedure. Upon collection of his motorbike following completion of the service, he was advised that the motorbike’s brakes needed upgrading,”

“Our client was told that parts would be ordered and the garage would be in contact with him when they arrived, but he was specifically assured that the motorbike was safe to be ridden in the interim. However, the motorbike breached each of the terms of the Consumer Rights Act 2015; as the Defendant specifically informed my client it was safe to be ridden and was fit for purpose. By virtue of the defective brakes and the recall, the motorbike could not be safely ridden and was not fit for the purpose for which it was plainly purchased,” explained Lisa.

“The motorbike’s brakes seized within a brief period of ownership and riding. The Claimant had ridden approximately 350 miles. Given its age, price and relevant circumstances, a reasonable person would expect the motorbike to last for several years and thousands of miles with appropriate service. The motorbike was therefore not reasonably durable."

Motorcycle injuries

Our client was travelling at an approximate speed of 15 to 20 miles per hour when the front brakes seized, causing him to be thrown from the motorbike and land heavily on the surface of the road.

He sustained the following injuries:

haematoma on his right hip;
deep grazes on both knees;
soft tissue injury to right hand;
soft tissue injuries to both elbows;
and a minor head injury.

The Claimant further suffered psychological symptoms and due to this he no longer rides his bike.

Following the accident, the Claimant attended the Accident and Emergency Department of the Royal Oldham Hospital, was admitted to hospital for five days and underwent X-rays and CT scans.

“In many personal injury cases we instruct medical experts to look at the case,” said Lisa. “Our expert here noted that approximately 20 months post-accident our client was still experiencing a painful hip which felt uncomfortable to touch and could not be laid upon at night, as well as some swelling over the right elbow.

“This accident has taken its toll on him, and his hobbies of travelling, DIY and gardening have been severely restricted by his injuries. He needed care and assistance at home following the accident and sadly he gave up his much-loved hobby of motorcycling,” she said.

As well as medical expert evidence it is often necessary to obtain other reports and experts to back up our case and following this accident the motorbike was assessed by independent engineers who prepared a report for use within the proceedings. This report confirmed that the motorbike was in a generally good condition, to be expected for its age and use. However, in respect of the brakes, the report confirms:

“It was clear from our inspection that the front calliper had an issue where the front brake pads were not being released and this caused the binding of the front brake assembly as the bike was being ridden. We are somewhat alarmed that the dealer was aware of issues with the braking system on this particular vehicle but allowed our client to continually use the bike. This taking into account this is a safety issue, the owner should have been advised not to use the bike until matters were rectified.”

How can we help?

If you or a loved one has been involved in a motorcyle accident that wasn't your fault our personal injury lawyers are here to help. Contact our solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk to see if you can claim compensation.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.