Small Soldiers

Small Soldiers

My bike was bumped from behind while waiting at traffic lights, and it was knocked out from underneath me. I wasn’t injured, but there was plastics damage to my bike.

The driver was a learner aged 17, supervised by her boyfriend who was 20. The police have advised me they are prosecuting both drivers, the learner for driving without due care, and her boyfriend for supervising unlawfully, because he was under 21.

The insurers for the supervisor (whose car it was) are telling me the car was being used illegally, and not by their driver, so they don’t have to pay anything. Is this right?

Name and address witheld

Answer

No, it’s not right. Under the Road Traffic Act, when a car is used by any known driver, even if he’s a thief or banned, he’s deemed to be named driver on the policy.

Get your estimates sorted out, and ask for £75 per week that your bike is off the road. Send the bill to the insurers, and if they don’t pay within seven days issue a claim at the Small Claims Court.

Go to your County Court and tell them that you want to issue a Small Claim action. The fee will be around £80 depending on the amount of damage to your bike.

Make sure you name the driver, the supervisor and the insurance company as a defendant. You will need to say on the summons that the insurance company are named as defendants as they have to indemnify the claim.

I suspect the insurers will pay as soon as you issue the claim, but make sure they cover the cost of the summons as well. Good luck with it.

Andrew Dalton

Posted by Andrew Dalton. Posted on: March 7, 2007 at 12:00 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.

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