Passed from pillar to post

Passed from pillar to post

Who should be helping my wife? We were riding two up on a narrow country lane last summer on my Aprilia Tuono when we had a head-on with a car.

I can’t remember what happened and neither can my wife. However, apparently a witness behind us said I was slightly on the wrong side of the road as it was so narrow.

Luckily I wasn’t too hurt, but my wife broke her hand and has post-concussion syndrome. She had to change her job working for the local council and lost money.

My insurance company have kept telling us we need to wait to see how she heals up and they will advise and help her. However, when I spoke to a different handler last week they said my wife should get independent legal advice. What should she do?

Answer

Your wife should get legal advice ASAP. It appears the collision was your fault so she can sue you by reason of her being an innocent pillion.

Whilst that may sound weird, i.e. wife sues husband, legally it is not uncommon. You pay insurance and they will have to cover you and pay out for your wife’s injuries and losses.

As for the injuries, I suspect she will need to get an orthopaedic and neurological opinion with a view to evidencing her losses that have arisen from the collision.

Postconcussion syndrome after a blow to the head is a funny one and can lead to poor concentration and depressed mood.

Whatever she does, she needs to get some independent legal advice. She should not rely directly on your insurer to advise and help her.

Andrew ‘Chef’ Prendergast

Motorcycle Monthly September 2019

Posted by Andrew Prendergast. Last modified: May 14, 2020 at 8:15 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.

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About Motorcycle Monthly

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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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