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No pillions allowed says top insurer

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Kris
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PostPosted: 12:23 - 22 Jun 2011    Post subject: No pillions allowed says top insurer Reply with quote

"This issue came to light when MCN's senior reporter Steve Farrell was refused a policy for his Kawasaki GPz550 unless he agreed to never carry a pillion. The 65bhp middleweight falls into insurance group eight, nine groups lower than the maximum.

Farrell, who has previously been allowed to carry pillions under an Aviva policy, was told by his broker: "On certain bikes they will no longer give pillion cover."

A spokesman for Aviva, which underwrites one in seven UK bike insurance policies, said "For some sports and high performance bikes, we're not able to quote if you want to have a pillion passenger riding with you. Solo, fine. Pillion passenger on some bikes we would not be able to quote."


https://www.motorcyclenews.com/MCN/INSURANCE/insuranceresults/2011/May/may2511-no-pillions-say-leading-motorcycle-insurer/Post.aspx
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tatters
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PostPosted: 12:52 - 22 Jun 2011    Post subject: Reply with quote

You dont need insurance to take a pillion anyway, its the same as taking a passenger in a car as far as the law is concerend, all they can do is refuse to pay out for the pillion injurys on personal injury claims against the rider.
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tatters
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PostPosted: 12:58 - 22 Jun 2011    Post subject: Reply with quote

From another forum.

Quote:

Some of this came about because recently there was an issue where a pillion passenger, the wife of the chap riding the bike was injured when he crashed. She sued her husband for mega bucks through the insurance policy, they automatically paid out because he admitted responsibility and there were no other vehicles involved.

All sounds a bit fishy to me, almost like a golden opportunity to screw an insurance company.

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Rogerborg
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PostPosted: 12:58 - 22 Jun 2011    Post subject: Reply with quote

tatters wrote:
You dont need insurance to take a pillion anyway, its the same as taking a passenger in a car as far as the law is concerend, all they can do is refuse to pay out for the pillion injurys on personal injury claims against the rider.


Can you cite any case law on that?

An insurance policy is a contract. If you choose a policy which has no pillions as a condition, you may be on a sticky wicket if you ride into a ditch (fully comp) or a queue of nuns-with-kittens (3rd party) while pillioned-up.

Yes, any insurer has to pay out 3rd party claims even if you breached the terms of the insurance, but they can then pursue you to recover their loss.

[UPDATE]
Aaaaah, I see. Pillion vs rider is very interesting.

They are technically a 3rd party, and the insurer can't wiggle out of paying them if there's nobody else involved. I can now understand why they're doing this, although not why they're tailoring the condition to sports bikes, rather to than young riders more likely to be hooning around with some denims-and-heels tart perched on the back.
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Last edited by Rogerborg on 13:06 - 22 Jun 2011; edited 2 times in total
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Easter Bunny
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PostPosted: 13:00 - 22 Jun 2011    Post subject: Reply with quote

tatters wrote:
You dont need insurance to take a pillion anyway, its the same as taking a passenger in a car as far as the law is concerend, all they can do is refuse to pay out for the pillion injurys on personal injury claims against the rider.


would the pillion then just pursue the rider for personal injury?


Its outragous that an insurance company is allowed to do this
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tatters
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PostPosted: 13:12 - 22 Jun 2011    Post subject: Reply with quote

Eggs Benedict wrote:
tatters wrote:
You dont need insurance to take a pillion anyway, its the same as taking a passenger in a car as far as the law is concerend, all they can do is refuse to pay out for the pillion injurys on personal injury claims against the rider.


would the pillion then just pursue the rider for personal injury?




That the problem, you cant be proscuted for no pillion cover as it is,nt against the law but if your found to be at fault and your pillion is serouisly injured then the insurance company will go after you to recover there costs.
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Rogerborg
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PostPosted: 14:39 - 22 Jun 2011    Post subject: Reply with quote

It'd be OK if there was genuine competition and they didn't effectively run a cartel.

It's especially annoying that it's not obvious who your policy is underwritten by before you agree to the contract. You can get results from 50 companies on a price comparison site, but there's only three or four (or fewer) underwriters behind the curtain.

They're the ones calling the shots, but you can't generally negotiate directly with them: instead you have to give a cut to some worthless spacker who adds no value to the transaction.

Definitely an industry that could do the cleansing light of day being shone on it.
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Easter Bunny
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PostPosted: 15:19 - 22 Jun 2011    Post subject: Reply with quote

Rogerborg wrote:
instead you have to give a cut to some worthless spacker who adds no value to the transaction.


and in many cases clouds the issue by telling the punter what he wants to hear.
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The Shaggy D.A.
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PostPosted: 18:14 - 22 Jun 2011    Post subject: Reply with quote

tatters wrote:
That the problem, you cant be proscuted for no pillion cover as it is,nt against the law but if your found to be at fault and your pillion is serouisly injured then the insurance company will go after you to recover there costs.


I'm guessing that as far as the insurance company is concerned (accident or not) if you have a pillion you'd be deemed to be riding outside the constraints of your policy, so rather than be prosecuted for having a pillion, you'd be prosecuted for no valid insurance cover.
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doggone
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PostPosted: 19:15 - 22 Jun 2011    Post subject: Reply with quote

Hetzer wrote:


What next..."We'll give you cover only if you agree not to ride the bike."

"We'll only give you cover if you wear Hi-Viz"
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ThoughtContro...
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PostPosted: 19:29 - 22 Jun 2011    Post subject: Reply with quote

doggone wrote:
"We'll only give you cover if you wear Hi-Viz"


Give it a couple more years for that one. We're getting there slowly but surely.
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MarkJ
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PostPosted: 10:27 - 24 Jun 2011    Post subject: Reply with quote

Good old Norwich Union back to its old tricks Thumbs Up
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RichieZX6R
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PostPosted: 09:27 - 27 Jun 2011    Post subject: Reply with quote

doggone wrote:

"We'll only give you cover if you wear Hi-Viz"


wouldn't be supprised, a friend got pulled the other day due to not wearing leather pants.. jobsworth copper that actually tried to tell him it was frowned upon. He was informed in a polite tone that it's not against the law. Copper went over his bike with a fine tooth comb and told him that his indicators were to small Rolling Eyes
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RichieZX6R
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PostPosted: 11:11 - 27 Jun 2011    Post subject: Reply with quote

Hetzer wrote:

Another nazi pig behaving like the scum he is.


Agreed. Friend was very polite and he's a mild manored person. I guess if he had been an ar*e with the copper he would have done him for some thing.. Got off with a lecture of how serious it is not wearing the right gear yada yada. Copper not understanding what draggin jeans are Laughing
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Rogerborg
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PostPosted: 12:32 - 27 Jun 2011    Post subject: Reply with quote

Require to see his warrant card, take his number, complain about him.

If nobody does that, then he's not going to stop.
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RichieZX6R
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PostPosted: 13:27 - 27 Jun 2011    Post subject: Reply with quote

Rogerborg wrote:
Require to see his warrant card, take his number, complain about him.

If nobody does that, then he's not going to stop.


Yeah i guess so. I think he was more shocked that the copper didn't punish him for the loud exhaust so was happy to just be on his way.

I have met some fairly decent coppers but some tend to be very power mad.

Sorry for the thread hijack!
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c-m
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PostPosted: 16:43 - 28 Jun 2011    Post subject: Reply with quote

You can carry a pillion without worry and you will still be covered up to whatever level you had, but your pillion won't be. That isn't important though since they are a third party so can claim against whoever caused the accident.

Remember that a contract cannot override any rights you have by law - in this case to carry a pillion, so you won't have any problems in terms of the police or anything
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Bendy
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PostPosted: 16:48 - 28 Jun 2011    Post subject: Reply with quote

c-m wrote:
That isn't important though since they are a third party so can claim against whoever caused the accident.


Sucks a bit if it's you though. Sure, your mate might say "oh no worries man, I'd never claim against you" but if you bin it and vegetable them it is unlikely to stay that friendly.
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c-m
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PostPosted: 16:58 - 28 Jun 2011    Post subject: Reply with quote

Bendy wrote:
c-m wrote:
That isn't important though since they are a third party so can claim against whoever caused the accident.


Sucks a bit if it's you though. Sure, your mate might say "oh no worries man, I'd never claim against you" but if you bin it and vegetable them it is unlikely to stay that friendly.


Well as a third party it would come off your insurance. No matter what they say they can't shirk their legal responsibilities.

The only problem is that they might then pursue you for the cost of the payout to that third party.
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Rogerborg
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PostPosted: 17:00 - 28 Jun 2011    Post subject: Reply with quote

c-m wrote:
Remember that a contract cannot override any rights you have by law - in this case to carry a pillion, so you won't have any problems in terms of the police or anything


Unless you're planning on being a test case, I'd urge caution in making absolute statements like that.

Nobody is forcing you to take that policy. Nobody is forcing you to agree to those terms.

Yes, the insurer must pay out to 3rd parties - including a pillion - regardless of whether you've breached the terms that you agreed to.

But they can come after you to recoup their loss, and I think you'd hard pressed to explain in a civil case why you contracted to limit the insurer's liability by not carrying a pillion, and then took one anyway.


There are two ways to nip this in the bud.

1) Take such a policy, carry a pillion, have a claim against you, fight the insurer in court when they try and recover their loss. Good luck with that.

2) Punish them by taking your business elsewhere.

I don't think "Give them your business then hope for the best" is a very effective deterrent. That actually rewards them, and encourages more insurers to follow suit.
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c-m
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PostPosted: 21:11 - 28 Jun 2011    Post subject: Reply with quote

Aye both good points.

Of course this thread isn't about that, it's been sidetracked a bit. It's about being refused insurance if you intend to take a pillion.

It's abit like being refused insurance if you intend to have your mates in the car chatting away while playing your music loud.
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