First rule, always ask for the photos. With a rear-facing camera, it’s hard to prove that it was definitely you on the bike. Your name on your helmet and the back of your leathers is a definite give away, so avoid doing that. You have to show the courts that you made your ‘best endeavour’ to find out who was on the bike at the time. So, your best bet is to swap bikes a lot, don’t have one name as registered rider and try to ensure you wear similar kit! The trick is to create a ‘reasonable doubt’ as to who it was riding the bike. The old idea of saying a foreign mate was on the bike at the time is likely to get investigated and if it can be proved he wasn’t in the country at the time, it’s perjury and the legal system hates being conned. Its the slammer for you… That said, a number of us at SuperBike have heard that sometimes this still can work, it all depends on whether the authority prosecuting wants to use the resources to prove you wrong.
Dalton warns: “Urban myths say you can still do this. Every time a foreign driver is mentioned the police ask not only for proof that the driver exists but was actually insured, because if not, you are on for a mandatory six points for allowing your vehicle to be used uninsured. That’s a bit difficult when the driver/rider does not exist.”
COPS & NOBBERS PART II – Courting Disaster
Superbike Magazine – November 2006
By: Bertie Simmonds
Disclaimer: This article is reproduced from Superbike Magazine – It’s views do not represent White Dalton’s
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.
Posted by Andrew Dalton. Last modified: March 26, 2018 at 11:27 am
Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.