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 ‘Chef’ Prendergast
Motorcycle Monthly May 2019