Despite knowing this (and I am kicking myself as I am writing this) I felt sorry for him as he had crashed his ZX-10R on a track day last summer. Following this my ever-lovely brother wanted to borrow my bike (also a ZX-10R), told me that he had insurance, and I presumed he was telling the truth.

However, about a week later he ran into the back of an old Fiesta waiting at traffic lights. How, I do not know. Thankfully, no one was hurt. However, the Police were behind him and stopped to help. Unfortunately, it transpired my dipstick brother didn’t have any insurance and quite rightly he is now getting done (as well as having to pay for the Fiesta and my bike).

The problem I have is I am also now getting done for letting him ride the bike with no insurance. I’m thinking that I must have a defence. I was insured if I rode the bike but it’s only his problem if he isn’t insured, isn’t it? Please help.


Thankfully, no one was hurt. At best your brother is a careless idiot and at worse he is just plain reckless in riding around without insurance. Plus, he’s now dragged you into his mess.

As for your question, I am genuinely sorry to advise you do not have a defence. Unfortunately, even though you personally had insurance, as you let your brother out on your bike without properly checking he was insured to ride, i.e. by looking at the certificate, then you are guilty of permitting him to ride without insurance.

The law relating to insurance is very strict. As such, my advice would be to plead guilty and try and obtain the lowest sentence possible. When it comes to putting forward mitigation, be very careful what you tell the

Depending on exactly what your brother told you and what you knew, etc., it may well help in mitigating the level of sentence you get. However, if your explanation just highlights you have been careless/lazy, etc., in checking, then it may well harm your position.

Andrew Prendergast

More Bikes April 2023