However, apparently a witness behind us said I was on the wrong side of the road (I wonder if I had gone wide on a left-hand bend to get a better view. Maybe?) Thankfully I wasn’t too hurt i.e. some bumps and scrapes, as well as a very bruised ego. However, my son broke his ankle and has a fractured jaw. He had to change his job working as a cabinet maker because he couldn’t stand for very long. My insurance company have kept telling us we need to wait to see how my son heals up and they Will advise and help him. However, when I spoke to a different insurance handler last week, they said my son should get independent legal advice. What should he do?
Answer
Your son should get legal advice ASAP. It appears the collision was your fault so he can sue you by reason of him being an innocent pillion. Whilst that may sound weird, i.e. son sues Dad, legally it is not uncommon. You pay insurance and they will have to cover you and pay out for your son’s injuries and losses. As for the injuries, I suspect your son will need to get an orthopaedic and an oral and maxillofacial expert opinion with a view to evidencing his losses that have arisen from the collision. You son also needs to have an eye on his future losses as he has already changed job.
He also needs to be alert to needing future treatment and/or suffering a future loss of income etc. Any solicitor worth his/her salt should guide him through this and whatever he does, he needs to get some independent legal advice now. He should not rely directly on your insurer to advise and help him.
Andrew Prendergast
Motorcycle Sport & Leisure – June 2025
