Your le­gal ques­tions

Motorcycle News (UK) - - Garage - An­drew Camp­bell So­lic­i­tor and au­thor of the MCN Law col­umn for the last five years An­drew Camp­bell, Bikelawyer. Visit or email an­ or call 01446 794169

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

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