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I wasn’t wearing my leathers/helmet/boots at the time of the accident. Can I still claim?

Minster Law

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Yes. If the accident was someone else’s fault, you’re entitled to claim compensation. However, if the court finds that your injuries would have been less severe if were wearing the correct protective clothing, the amount you receive may be reduced.

Where wearing a helmet would have prevented the injury completely the deduction from your settlement is at the discretion of the court. By not wearing protective clothing you have increased the risk of sustaining further injuries e.g. gravel rash. In these circumstances, we would consider the evidence and advise on a case by case basis. Minster Law seriously advocates wearing appropriate and safe riding gear when necessary.