I decided to be a good Samaritan and leant my old Diversion to a ‘mate’ as he had binned his GSXR1000 on a track day. My ‘mate’ told me that he had insurance and I took him on face value. No problems I thought.
However, about a week later he ran over some kid who ran out after a football. Thankfully the kid bounced as well as his ball and he only had a couple of bumps and scrapes. However, the fuzz turned up and it transpired my ‘mate’ didn’t have any insurance and quite rightly he is now getting done and I hope they throw the book at him.
The problem I have is I am getting done for letting him ride the bike with no insurance but surely I have a defence. I was insured if I rode the bike but it’s only his problem if he isn’t insured isn’t it? Please help.
Firstly, your ‘mate’s’ actions by not bothering to get insurance have resulted in valuable police and court time being used clearing up his mess. He knew he needed insurance and didn’t bother. At best he is a simpleton and at worse he’s an absolute scumbag.
As for your question I am genuinely gutted to advise you do not have a defence. Unfortunately, even though you personally had insurance, as you let your ‘mate’ out without properly checking he was insured to ride i.e. by looking at the certificate, then you are guilty of permitting him to ride without insurance.
The law relating to insurance is very strict. As such, my advice would be to plead guilty and try and obtain the lowest sentence possible. However, without doubt you need to advise the court of exactly what has happened because it will likely aid in mitigating the level of sentence.
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.