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?
Answer
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 ‘Chef’ Prendergast
Motorcycle Monthly August 2018