Motorcycle legal advice: Will I be liable if they don’t get the charges from the other side?



Q: I got sideswiped by a truck whilst filtering through traffic; he clipped my bike’s rear end, breaking my back light and rear mudguard whilst trying to get out of a junction. I called my insurer to claim off my fully comprehensive policy and was put through to a non-fault department, who sent someone with a hire bike and to take my Kawasaki away.

I was told it was all free and there was nothing to worry about by the delivery driver. However, he wanted me to sign paperwork stating that I was liable for everything if they didn’t get the charges back from the other side. I told him I didn’t want the bike as I have others, and he left. I don’t know what to do, as my bike is still damaged. I paid for insurance and just want them to deal with it.

A: I suspect your insurer has a ‘relationship’ with the bike hire company and everyone’s trying to ‘benefit’ after your accident. Your insurer benefits by taking your money and then not paying out on your policy; the bike hire company wants to charge for storage, repairs and a hire bike.

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Sometimes there’s a need for this kind of service, but this isn’t the time. Be firm with your insurer to make the claim; you’ve no need for a hire bike and saved yourself grief by reading the paperwork. I had a client who racked up £10000 of charges before I was instructed. You can imagine what the defendants said about that. Don’t be that poor chap.

White Dalton Solicitors is Britain’s most specialist motorcycle law practice. Managing partner Andrew ‘Chef’ Prendergast and his bike riding barristers compile Motor Cycle Monthly’s legal column very month, offering our readers essential motorcycle legal advice.


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