I was on my Ducati Scrambler (my first ever new motorbike – I am weeping while I write this) following three chaps who were setting off on a tour around Wales.
One of these ‘adventure’ riders had a mini fire extinguisher strapped to a pannier. This duly then fell off after he hit a bump, bounced and then hit me in the chest. I in turn got a wobble on and crashed into a parked car. Not good.
While Mr Adventure stopped, his insurer reckons that because the fire extinguisher wasn’t on his bike i.e. it was separated after it fell off, then they don’t have to pay out. Is that right or wrong?
I’m gutted for you. Damaged pretty motorbikes always make me sad. Leaving that aside, Mr Adventure’s insurer is full of it. Absolute cobblers.
S.145 of the Road Traffic Act 1988 states they must cover “any liability which may be incurred by [Mr Adventure] in respect of the… bodily injury to any person or damage to property caused by, or arising out of, the use of the vehicle on a road”.
So as the fire extinguisher fell off his motorbike as it was being used on a road, they will have to pay out. If they continue down this line, I would happily issue court proceedings, stick it in front a judge and get an order against them. That should ‘extinguish’ the problem. Some people really are dipsticks.
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.
About Motorcycle Monthly
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.