We are delighted to have been involved in defeating an argument raised by a particularly mean insurance company that a pillion passenger’s compensation should be reduced if they fail to wear appropriate motorcycle clothing.
As expert motorcycle accident lawyers we represent many riders and pillion passengers involved in serious road traffic accidents and thought we had seen everything. In this particular case however this novel argument was raised when the insurers of the rider realised that the injuries caused by the rider’s negligence were catastrophic and led to an award approaching half a million pounds.
Pillion passenger defeats contributory negligence argument
Not only are we expert lawyers we ride bikes too and are all too well aware that pillion passengers often are inappropriately dressed for motorcycling, Often pillion passengers will be reluctant partners and will only venture out with their bike loving other halves on beautifully sunny summer afternoons. Given the sporadic nature of their excursions it is perhaps understandable why the rider is decked out in the latest cowhide and they are left exposed to gravel rash in jeans. We know only too well the consequences of pillion passengers not having any crash protection.
Faced with such a sizeable claim the insurers argued that the pillion had contributed to the life changing injuries and should suffer a percentage reduction in any court award to take account of this contributory negligence.
Suffice to say that we were not impressed with this scurrilous attempt to avoid paying out the appropriate compensation that our client rightfully deserved and having issued proceedings we soon secured a full award.
We are sure however that the insurers have merely retreated to sharpen their swords and will reawaken this argument so pillions be warned you may have to explain why you were wearing flip flops (trust me I have seen that where a Fireblade rider stunningly dressed in matching race leathers had his girlfriend perched on the back in a vest, shorts and flip flops!!)