Q. Have I got problems? I was riding my CBR600rr down a residential road when a car reversed straight out of a drive in front of me. I had no chance of braking and “T-boned” his rear passenger door. Luckily it was only a little car, and I flew like superman over the top instead of hitting it, but when I landed I broke my wrist and my ankle so I am out of action. Liability looks clear-cut to me.
However, I am worried because whilst the car was insured it turns out the driver was a young lad with a provisional driving licence and he was unaccompanied. With this in mind, will it mean he won’t have insurance to pay out for my claim, as he will have breached the policy for driving whilst unaccompanied? He is getting done for driving without insurance and driving otherwise in accordance with a licence, as well as driving without due care and attention.
A. The young lad has problems from what you have said because he appears guilty of all those offences. As for you, I can understand your concern. However, as the lad’s car was insured at the time of the accident the applicable Road Traffic Insurer will have to meet any claim against him as the driver. So in short, there will be an insurer to pay out for any claim you successfully make, even if the lad gets done for driving without insurance. However, because he was unaccompanied by a qualified driver he will be in breach of the policy and his insurer could come after him directly for any money they pay out.
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. www.whitedalton.co.uk
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