Q A stranger borrowed my bike. Am I liable for claim?
I loaned my bike to a motorcycle club for the week. I have since been contacted by the police as it was involved in an incident where a rider at the club borrowed the bike and caused around £800 of damage to a car. Somehow my bike was undamaged.
I have not given the police details of the rider, as the club does not keep records of who was riding, and the witnesses cannot identify me as the rider. As the owner of the bike, am I liable for the cost of the damage? Anonymous
A Whenever you allow anyone other than a named driver to ride your bike, the relevant insurer in the event of an accident depends on whether or not the rider was insured to ride your bike (ie, whether they had their own insurance policy and ’driving other vehicles’ cover).
Your case is complicated by the involvement of a motorcycle club and the unidentified rider. If the club has its own group policy of insurance then that policy will be the relevant one. If it did not, it will depend on the rider.
If the rider is identified and was insured to ride your bike, his/ her insurance company will be responsible for the damage. If they were not insured, then your insurance company will have to pay out, as what is referred to as the ‘RTA insurer.’ Your insurer will then be entitled to seek recovery of this sum from you (and you would also be liable to be prosecuted for the offence of permitting a vehicle to be used without proper insurance).
‘If the rider wasn’t insured, your insurance firm will have to pay’