Daylight robbery!

Daylight robbery!

I ride a Triumph Street Triple as my daily commuter. I have fully comprehensive insurance and therefore I can ride other motorbikes as long as I don’t own them.

As my brother was away for a month I took his Ninja 300 to the shops to blow out the cobwebs. I stopped at T-Junction and the next thing a van pulled up.

The sliding door opened and three blokes jumped out wielding hammers. One pushed me off the Kwak. With that they picked the bike up and one rode off.

The remaining two men jumped back in the van just as I was trying to get up off the floor. I am grateful I didn’t get hurt. However, my insurer has advised I was only covered to ride my brother’s Kwak third party only. As it was stolen they reckon I’m not covered. That can’t be right can it as I have fully comp on the Street Triple?

Answer

I hate thieving scrotes. They are utter scum who have had a morality bypass. However, leaving my anger aside, I’m glad you are here in one piece. Bikes can be replaced but people aren’t always as lucky.

As for your insurer, I’m afraid it sounds like they are correct. It is commonplace to be able to ride other bikes that you do not own on a third party basis under your own fully comp policy.

Therefore, if you have not insured the risk of your brother’s bike getting nicked while you’re riding it (double check your policy just in case) I’m afraid your insurer is correct. I genuinely wish I could give you different advice.

Andrew ‘Chef’ Prendergast

Motorcycle Monthly April 2018

Posted by Andrew Prendergast. Last modified: June 1, 2018 at 10:52 am

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.
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.

Comments

  1. Nicholas KotarskiAugust 3, 2018

    The other option surely is to claim for theft under the owners policy. Although having it stolen whilst being ridden probably has its own issues as again you can’t produce the keys.

  2. Tim MarquisAugust 3, 2018

    I always enjoy reading your weekly blogs with interest.

    In this case would the owner of the bike not have a claim under the “theft” element of his policy even though his brother was riding the bike at the time it was stolen?

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The MCM legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.

The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences.

White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution.

White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance appointed solicitor, get proper independent advice.

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