Basically I played around with the comparison websites like everyone does, changing the answers until I found the cheapest policy and then bought that one.
All was good until last Christmas when I was giving my mate a lift home from work. As I was going around a tight left-hander, the front wheel washed out and we ended up in a ditch. I’m super experienced and reckon we hit diesel or gravel. However, the officious copper who arrived reckoned it was the front tyre on a greasy road.
Whilst it was technically legally low on tread, I’ve done enough track days to know how to ride. After some heated words with the copper, he then told my mate he could probably claim off me for his broken leg. And that’s what he’s done, the cheeky git.
My insurers have paid him out £10,000 but now reckon they can come after me as apparently I opted not to take out insurance to carry a pillion and told them it was in a garage when it was not (I live in a flat).
I’ve done my nut. I said I will see them in Court as I want everyone to know how much of a rip-off insurance companies are! Can I get a no win, no fee solicitor to do this and take them to the cleaners? I could do with the cash.
Answer
As your insurer issued an insurance certificate, they have to pay out for any damage or loss caused by you. Because your mate is effectively an innocent pillion in this unfortunate mess, he can claim against you for his broken leg, and your insurer will compensate him for it.
However, on the basis you didn’t provide true answers to get the cheapest insurance policy, you now have a serious problem. In simple terms, if you did not come with ‘clean hands’ when entering the contract, your insurer can now come after you for the money they had to pay out to your mate.
As for taking your insurer to Court, you need to give your head a wobble. The only way I see this ending up at Court is if you do not pay your insurer and they sue you for their money.
Andrew Prendergast
More Bikes September 2021
When I met Gavin at a show we had a great natter and one of the one of the things I asked about was “Are your Blogs based on real questions or made up to illustrate points of Law.”
He assured me not only were they real but there were some so inane as to be unpublishable because no one would believe them.
Even so I must ask if there really is a man on this planet with such an incredible, jaw dropping self entitled world view that he thinks he can openly lie to insurers and then sue them because his “cheeky” mate has been paid out and they want their money back.
Seriously if this guys riding skills match his intellect the best everyone can hope for is that the forthcoming bill will prevent him from buying another bike and taking to the roads.
I enjoy your Blogs immensely but please, for the peace of my mind, to reassure me there is no risk I could meet this cretin on the Highway, tell me you did on this occasion, make it up.
Muppet