About a year ago I got my first ever new bike after 25 years of riding. I can say it was the happiest day of my life (don’t tell my wife!).
I bought a Yamaha MT10 on finance. All was well until Christmas time when I pulled up behind a van at a junction. For reasons unknown, the van then reversed into me and knocked me off.
Luckily I rolled out of the way, but he reversed over my bike seemingly not hearing a damn thing as he had his radio on. Unbelievably, he has told his insurer that I fell off and slid under the back of his van. It now looks inevitable we’re heading to court and my insurer has appointed solicitors on my behalf.
Leaving that stress aside, my motorbike finance company have now threatened to take me to court for not paying my monthly instalments. I have told them they are out of order and should chase the van driver. I don’t think any court will blame me for not paying for a bike I cannot use. What do you think?
You are a brave (or crazy!) man and I hope your wife doesn’t read Motorcycle Monthly! Mine does and, of course, marrying her was one of the happiest days of my life!
In relation to the finance company, you are not the first and will not be the last who has taken this approach, i.e., why should you pay for something you cannot use, through no fault of your own? However, whilst I can understand your frustration, legally you are wrong.
If you have an agreement to pay them, you need to even if the bike is trashed. If you do not, they will win if they take you to court. This will result in you having to pay costs and interest, etc.
My advice is contact them, pay any outstanding sums and reinstate your monthly payments. Thereafter, you may want to pursue the van driver for a ‘loss of use’ claim if you have been unable to ride your trashed bike. Speak to your insurer-appointed solicitors about this.
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.