Your legal questions
Q How can I get brokendown bike back from Portugal?
This summer my son broke down in Portugal on his BMW R1150GS Adventure. His insurance policy allowed for repatriation if such an event occurred. However, when he called they refused to do this until they had a chance to examine and possibly repair it. The bike was collected on a flatbed truck and taken to a local garage, but the garage now say they can’t examine or repair it as they have no keys. The keys were in the ignition when the bike was collected, but they now say otherwise. He’s reached an impasse as the company refuses to repatriate or move the bike as they have no keys or paperwork. Now, they can’t repair, transport or release the bike and they want to start charging him for storage. Phillip Cameron, email A In essence I would tell the insurer that this is their problem to sort out. Your son had a contract with the insurer, which included European breakdown cover. Anyone acting on their instruction pursuant to the contract acted as the insurer’s agent. As such the insurer is liable for the actions of the recovery company and the garage, although the insurer may want to recover its outlay from someone else in the chain. Should the insurer refuse, your son should submit a formal complaint. If still not resolved, I would suggest your son refers the matter to the Financial Ombudsman Service. Obviously I’m assuming there’s no spare key and one can’t be made – this may be possible, albeit at a cost.
‘The keys were in the ignition, but they now say otherwise ’
Motorcycle Accident Solicitors