Presentation to EDAM
Nov 2nd 2017
The Steading - Edinburgh
‘Restitutio in Integrum’
Criminal v Civil Law
Police Accident
Risk - Insurance
• Comprehensive
• Third Party, Fire and Theft
• 3rd Party
Bells and Whistles
• Helmet and Leathers
Cover
• Personal Accident Cover
• Legal Expense Cover
What if it happens to you?
• Police Incident
Information form.
• Photos from the scene.
• 3rd Party Reg No.
Reporting | Contact?
• Ring Motorcycle Law Scotland for advice,
support and guidance. 0333 555 7782
• Report to your own insurer.
DON’T LET YOUR INSURER APPOINT A PANEL
SOLICITOR
Motorcycle recovery/storage
Insured v Uninsured Loss
UninsuredInsured
Accident | Collision | Crash | Incident
• Fault.
• Non Fault.
• Part Fault.
Duty of Care
Restitutio in integrum
“Restoration of an injured party to the
situation which would have prevailed had no
Injury been sustained; restoration to the
original or pre-contractual position.”
Protocol
• Liability – 12wks
• Quantum
Damages
• Motorcycle
• Policy Excess
• Helmet
• Protective clothing
• Help and Assistance
• Expenses
• Injury
Interim payments
Injury
Quantum
End Result - Settlement
End Result – Court action
Over-optimistic?
Large Loss | Life changing injuries
Injuries
• Open fracture to left
humerus.
• Fracture to left shoulder
blade.
• Fractured left
collarbone.
• Left-sided rib fractures.
• Right elbow dislocation.
• Right forearm and wrist
fractures.
• Fractured right
thumb.
• Internal bruising to
the chest.
• Soft tissue injuries to
pelvis.
• Fracture to right
ankle.
• Fractured left heel
bone.
Rehabilitation
• Initial needs assessment
• Physiotherapy/Counselling
• Case management
Code of best practice.
Quantification of Damages
Wage loss
Pension loss
Adaptation
Needs and
equipment
Care costs
Housing
Everyone is an individual
Restitutio in integrum
Adam Wagner v Thomas Grant 2015
“The pursuer’s expert accepted that
what he was proposing was a ‘Rolls
Royce prosthetic arrangement.”
Reasonableness – not reasonably
necessary.
Rolls Royce?
Next generation
• Moose v Herdman
Up-to-date technology
www.motorcyclelawscotland.co.uk
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“We don’t just make the difference,
we are the difference.”

EDAM Presentation - 'Restitutio ad Integrum'