Legal Q&A: Pillion wife to sue husband

Q.  I am utterly confused.  Please help us!  Over the summer I was riding along a country lane with my wife on the back.  I have an array of different bikes (I am truly lucky) and that evening we decided to jump on the Goldwing.  It’s a big old lump, but it’s super comfy!  The ultimate aim was to get to a pub by the river about 30 miles away from home and have some dinner.  Whilst my wife rides herself, she was eyeing up a glass of wine with dinner and she would never drink and ride, hence why she was on the back as my pillion.  The sun was shining, we had the stereo blasting and life was good.  I can’t remember what happened next and neither can my wife.  However, apparently a witness behind us says I was slightly on the wrong side of the road and then clipped an oncoming car and fell off.  I wasn’t too hurt (I feel so guilty) but my wife broke her wrist, ankle and eye socket.  She works as supermarket manager on the shop floor.  As she cannot walk etc. she has been unable to go back and has lost money.  My insurance company have kept telling us for months that we need to wait to see how she heals up and they will advise and help her.  However, when I spoke to a different handler recently, they said my wife should get her own solicitor as they now can’t talk to her or help her directly.  I was raging.  What should she do?

A.  Your wife should get independent legal advice now.  She should not delay.  Whilst it may be a bitter pill to swallow, it looks like the collision was your fault so she can sue you by reason of her being an innocent pillion.  Whilst that may sound weird i.e. a wife sues her own husband, legally it is not uncommon.  You pay insurance and they will have to cover you and pay out for your wife’s injuries and losses that you caused.  As for the injuries, I suspect she will need to get an orthopaedic and ophthalmic opinion with a view to evidencing her losses that have arisen from the collision.  Whatever your wife does, she needs to get some independent legal advice.  She should not rely directly on your insurer to advise and help her and they should have told you/her that at the start.

The MorBikes legal column is compiled by managing partner Andrew ‘Chef’ Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.

The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences. White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution. White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance-appointed solicitor, get proper independent advice.

For road traffic offences, call the Motor Defence solicitors on 0800 280 0912.

For non-offence cases, call White Dalton motorcycle solicitors on 0800 783 6191.

If you need advice on a biking-related legal question or query, email [email protected]. The best Q&A will be published in MB, in confidence, of course.

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