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