Can I claim Q from cokedup kerfuffle?

I made a compensation claim after an accident last summer. I was on the back of my mate’s bike as he was giving me a lift home. We had been at a friend’s BBQ and I didn’t see my mate drink any alcohol, so I thought it was safe to go with him. What I didn’t know is that he had been taking cocaine in the toilet. He lost control and we both came off. He was convicted for drug driving. His insurers are now saying they won’t pay me compensation because they claim I knew he was taking drugs but decided to get on the bike anyway. This is not fair, as I had no idea he even used it. Can you offer me any advice? Reggie, Staffs

AThe metabolite in cocaine is something called benzoylecgonine. There is a legal limit of 50 micrograms of this substance per litre of blood. Anything over this and you are likely to be prosecuted in accordance with Section 5A of the Road Traffic Act 1988.

You need to get witness evidence to help prove you had no idea that he was using the drug at the BBQ, as well as giving your own evidence. If the insurer shows that it was obvious or that you knew or ought to have known that your mate was taking the substance, then you may well find you will receive reduced compensation to account for your contributory negligence. Tell your solicitors to look at the case of Owens v Brimmell [1977]. This case deals with the ‘ought to have known’ test which is relevant here.

‘His insurers say I must have known he was on drugs’