I have an array of different bikes (I am truly lucky) and that evening we decided to jump on the Gold Wing. It’s a big old lump, but it’s super comfy! The ultimate aim was to get to a pub by the river about 30 miles away from home and have some dinner. Whilst my wife rides herself, she was eyeing up a glass of wine with dinner and she would never drink and ride, hence why she was on the back as my pillion.
The sun was shining, we had the stereo blasting and life was good. I can’t remember what happened next and neither can my wife. However, apparently a witness behind us says I was slightly on the wrong side of the road and then clipped an oncoming car and fell off. I wasn’t too badly hurt (I feel so guilty) but my wife broke her wrist, ankle and eye socket. She works as a supermarket manager on the shop floor. As she cannot walk, etc., she has been unable to go back and has lost money.
My insurance company has kept telling us for months that 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 recently, I was told my wife should get her own solicitor as they now can’t talk to her or help her directly. I was raging. What should she do?
Your wife should get independent legal advice now. She should not delay. Whilst it may be a bitter pill to swallow, it looks like 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. a wife sues her own 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 that you caused. As for the injuries, I suspect she will need to get an orthopaedic and ophthalmic opinion with a view to evidencing her losses that have arisen from the collision.
Whatever your wife does, she needs to get some independent legal advice. She should not rely directly on your insurer to advise and help her and they should have told you/her that at the start.
More Bikes January 2023