Q&A
Our specialist motoring solicitor Andrew Prendergast guides readers through their legal trials and troubles
Q About three years ago, I got proper clumped by some dozy townie who decided to move out to the sticks. You know the sort, posh 4x4, wax jacket, plum in his mouth. So one Saturday morning, the townie pulls straight out of his gated driveway and smashes into my leg, bouncing me off into a ditch. I broke my leg and to be fair, he did take me to hospital, ran me home and admitted liability straight away. I was six weeks in plaster for my broken tibia and ankle, and needed physiotherapy. Anyways, I instructed a local solicitor (another posh toff as it goes) to run my case. I told him and the medical expert I couldn’t work again, and he put forward the claim to Mr. Townie’s insurer. However, it turns out Mr. Townie grassed me up for working (I’m a scaffolder by trade) and they have videos of me working on site. I had planned on getting at least £100,000 and started an extension on my house on the basis of that. However, my solicitor has told me to accept the £10,000 they are offering, as if not I will have to go to Court. I’m up for going to Court if need be as everyone ‘over-eggs the pudding’ a bit, don’t they. I’m also thinking of giving Mr. Townie a slap. He’s worth a few quid and insured so I don’t see why he grassed me up. What do you think?
A I think you need to give your head a wobble. A man makes a mistake and knocks you off, takes you to hospital and admits blame. In return, you attempt to make a fraudulent claim to build an extension. Behave. I’m surprised the insurer has offered you anything at all. My advice is accept the offer and thank your lucky stars you are not up to your neck in the brown stuff as far as the law is concerned. If this had come unravelling in front of a Judge, s/he would have found you to be ‘fundamentally dishonest’ in accordance with the Criminal Justice and Courts Act 2015; chucked out your whole claim (even the honest bits) and you could have ultimately ended up in prison.
Q Please help! I’ve been having a battle with my insurer. I have fully comprehensive insurance on my Triumph Street Triple. As is standard with fully comp, I can ride other motorbikes as long as I don’t own them. My girlfriend has a Suzuki Bandit that needed an MoT so I offered to run it round to the local garage. As I pulled into the industrial estate, a van suddenly stopped in front of me and two lads jumped out of the side door. One flashed a machete and the other pushed me off the bike. With that the bike and van were gone.
Thankfully I wasn’t hurt. However, as for the bike, my insurer has refused to pay out as I was only covered to ride my girlfriend’s bike third party only. As it was stolen, they reckon I’m not covered. That can’t be right can it, as I am fully comp on the Triumph? I feel like I’ve effectively been robbed twice.
A This makes my blood boil. Thieving scrum bags. However, I’m glad you are here to tell the tale. Bikes can be replaced, but people aren’t always as lucky. As for your insurer, I’m afraid it sounds like they have done nothing wrong.It is commonplace to be able to ride other bikes that you do not own on a thirdparty basis under your own fully comp policy. Therefore, whilst it pains me to tell you, if you have not insured the risk of your girlfriend’s bike getting nicked whilst you’re riding it, I’m afraid your insurer is correct.