Q Over the last couple of years my mates have all started heading away from sports bikes and down the green lane riding route.
Lured by a fun day out, last year I bought a Husqvarna 701 and started kitting it out to make it even more awesome. That included fitting a rekluse clutch. To blow out the cobwebs over the summer, our local bike group met for a ride to the coast using as many green lanes as possible. Spirits were high and as I sat in the line of traffic, one of my mates leant over from his KTM to muck about and rev my throttle as a joke (I had also seen him turn someone else’s kill switch off as a ‘joke’). However, what my hilarious mate had forgotten (and we had only spoken about it the month before) is that I was riding with a rekluse clutch. As you will be aware, this automatically engages and disengages the clutch based on engine rpm. In this case, I was sat with the bike in first gear, so what happened next was about as fun as trapping your gentleman sausage in your flies. I shot off, crashing into the back of a brand new Mercedes. I went over the handlebars and fractured my neck. Not good.
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My insurer has paid out to the Mercedes owner. However, his claim has affected my insurance record and I’m wondering what I can do, if anything i.e. because I wasn’t actually hit by my mate and I rear ended someone else. Do I just have to chalk this up as a bad experience and move on with my life?
A Not exactly the ride out anyone wants. No, you do not ‘just have to chalk this up as a bad experience’. Your insurer paying out the Mercedes owner is a smart move as he was truly an innocent victim i.e. your bike hit the rear of him. Your insurer probably wanted to avoid an expensive hire and storage claim etc.
While your mate (I suspect it wasn’t malicious, but what a ball bag) didn’t hit you, your injuries arose from his negligence that occurred while he was riding his bike. Therefore, I suspect your insurer will be looking to get their outlay back from your mate’s insurer. If they do that, your insurance record should get sorted.
As for your injuries, you can make a claim against your mate and his insurer. Whilst it’s a bit of a weird one, his insurer will have to pay out for his negligence.
Our specialist motoring solicitor Andrew Prendergast guides readers through their legal trials and troubles. For more info, go to: www.whitedalton.co.uk
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