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Pillion sues Biker....

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is the pillion right to sue the biker?
Yes
33%
 33%  [ 18 ]
No
66%
 66%  [ 35 ]
Total Votes : 53

Author Message

Bendy
Mrs Sensible



Joined: 10 Jun 2002
Karma :
PostPosted: 15:09 - 12 Sep 2005    Post subject: Reply with quote
MarJay wrote:
If you want to take passengers, take a car.
Smile


So they can sue you when you crash that too?

How come when you take out bike insurance you get asked if you want pillion cover, but you don't get asked if you want passenger cover when you take out car insurance?
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Kickstart
The Oracle



Joined: 04 Feb 2002
Karma :
PostPosted: 15:12 - 12 Sep 2005    Post subject: Reply with quote
G wrote:
In this case I think the main issue is if the pillion knew that the rider didn't have insurance.
If they didn't, they got on 'eyes open', knowing they wouldn't be coverered by the rider's insurance.


Cannot see the relevance. The rider is responsible for the passenger whether they are insured or not. Assuming the passengers actions did not cause the accident then the rider is liable. Whether the rider has insurance to cover that liability is a totally seperate issue.

All the best

Keith
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Ste
Not Work Safe



Joined: 01 Sep 2002
Karma :
PostPosted: 15:17 - 12 Sep 2005    Post subject: Reply with quote
Any know what would happen if a pillion passenger caused a crash and agreed that it was their fault as they shouldn't have tried to sit upright midcorner? Would the rider still be blamed by police and/or insurance companies?
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G
The Voice of Reason



Joined: 02 Feb 2002
Karma :
PostPosted: 19:01 - 12 Sep 2005    Post subject: Reply with quote
Kickstart wrote:

Cannot see the relevance. The rider is responsible for the passenger whether they are insured or not. Assuming the passengers actions did not cause the accident then the rider is liable. Whether the rider has insurance to cover that liability is a totally seperate issue.

I was talking on moral grounds for that bit.

Ie if the pillion knew he was on an uninsured bike and did so willingly, then sued the rider when it went wrong, I would suggest that he was morally in the wrong (from my morals, that definitely don't always agree with the 'offical' moral according to the police etc Smile ).
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Kickstart
The Oracle



Joined: 04 Feb 2002
Karma :
PostPosted: 20:15 - 12 Sep 2005    Post subject: Reply with quote
G wrote:
Ie if the pillion knew he was on an uninsured bike and did so willingly, then sued the rider when it went wrong, I would suggest that he was morally in the wrong (from my morals, that definitely don't always agree with the 'offical' moral according to the police etc Smile ).


Morally you could say that he should have reported the rider for going on the road.

All the best

Keith
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Robby
Dirty Old Man



Joined: 16 May 2002
Karma :
PostPosted: 20:34 - 12 Sep 2005    Post subject: Reply with quote
The rider took a passenger, the rider crashed the bike, the passenger was injured. Rider was responsible, so rider pays.
As has been mentioned, insurance covers these sort of things.

If the situation was a car, and the driver had crashed causing the passenger to be injured, would you look at this differently?

Are you useing the blanket idea that bikes are more dangerous, so the pillion should be lucky to survive any trip, as an excuse to avoid making the rider appear liable?
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G
The Voice of Reason



Joined: 02 Feb 2002
Karma :
PostPosted: 20:36 - 12 Sep 2005    Post subject: Reply with quote
Kickstart wrote:

Morally you could say that he should have reported the rider for going on the road.

As I said, this was based on my morals, rather than those of the law, or other people Smile.
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Old Thread Alert!

The last post was made 20 years, 246 days ago. Instead of replying here, would creating a new thread be more useful?
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