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EazyDuz |
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 EazyDuz World Chat Champion

Joined: 11 Apr 2011 Karma :  
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Wafer_Thin_Ham |
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 Wafer_Thin_Ham Super Spammer

Joined: 18 Nov 2005 Karma :    
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 Posted: 16:47 - 10 Oct 2012 Post subject: |
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This is a bit of a grey area.
From what I can gather, there's no issue with the police at all (just like carrying a passenger in a car). It would only mean in the event of an accident the insurers wouldn't pay out for damage to her kit, or legal costs if she tried to sue you. Someone'll probably be alone in a bit to say that's complete crap, but there you are.
You're also highly unlikely to even be challenged on it. ____________________ My Flickr |
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SamWise72 |
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 SamWise72 Trackday Trickster
Joined: 16 Sep 2012 Karma :  
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Wafer_Thin_Ham |
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 Wafer_Thin_Ham Super Spammer

Joined: 18 Nov 2005 Karma :    
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J4mes |
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 J4mes World Chat Champion
Joined: 18 Mar 2011 Karma :  
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 Posted: 17:09 - 10 Oct 2012 Post subject: |
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I know when this comes up that it is likened to carrying passengers in a car, the difference being that when you take insurance out you are not specifically asked on the quote form or on the phone if you carry passengers in the car or not.
So surely, it must have some bearing? Even if it makes no difference to the price.
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daemonoid |
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 daemonoid World Chat Champion

Joined: 27 Jun 2008 Karma :    
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 Posted: 17:21 - 10 Oct 2012 Post subject: |
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You have taken out a contract with the insurance company that states no pillion. If you take a pillion and have an accident they could claim it void and try to claim any damages awarded to your pillion from you. That said, they would likely have to show that taking a pillion caused them extra risk (and if you can show it wouldn't've affected your premium then they probably wouldn't have a leg to stand on).
As far as the police go - you are insured but they don't necessarily know what they're doing.
If I were you I'd pay the fee and take it as a lesson not to forget next time. It'd be easier than fighting either of the potential outcomes with the ins co/police. ____________________ current: ducati monster 750
past: hyosung gt250r, bajaj pulsar 180, hyosung gt 125 comet
@thomasgarrard | www.straitjkt.com | www.racingseven.com |
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CaNsA |
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 CaNsA Super Spammer

Joined: 02 Jan 2008 Karma :   
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Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 00:23 - 11 Oct 2012 Post subject: |
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Look on your actual certificate of insurance (not any other policy documents) and go by what it says under any "limitations as to use" section.
If it has words to the effect of "This policy does not cover carrying a pillion passenger", then pay up.
However, if it doesn't explicitly exclude cover for that use, then bitch goes on back. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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_Iain_ |
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 _Iain_ Banned

Joined: 01 Feb 2012 Karma :     
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 Posted: 00:27 - 11 Oct 2012 Post subject: |
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Have pillion cover on the GS policy, dont have it on the YBR policy. Still ride both with passengers quite frequently. Have never had an issue, nor have i ever been asked about it.
I dont loose any sleep & neither should you!  ____________________ Please be aware that the above post may be full of complete nonsense.
Riding: '07 KTM Duke II, Baotian BT49QT-20 Driving: '88 Volvo 340 |
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Pie-Roe |
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 Pie-Roe World Chat Champion

Joined: 05 Feb 2007 Karma :  
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 Posted: 00:31 - 11 Oct 2012 Post subject: |
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I'm not sure how it works, but the rest of my gf's life is worth more than 30 quid to me. If that small sum was the difference in her getting money to live the rest of her life in the aftermath of a non fault accident or not, I'm not sure I'd be asking about it online. ____________________ Previous: GSF600, FZR600 x2, ZXR750, XT600 Tenere, CB125, CZ125, ETZ 250, ER5, CCM R30, DRZ400, RF600x4, RF900x2, GS500, VTR1000F, 640 SMC, CB250 NIGHTHAWK, GT550x3, GPX750 TE610, CB500, X11x2, SV650, ZING 125, TL1000R,CB250 Superdream, CBR1100XX |
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Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 01:14 - 11 Oct 2012 Post subject: |
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Rest assured, an insurer will have to pay out to a pillion, regardless of whether they agreed to insure on the basis of that risk or not.
They might then be able to claim that money back off the rider, but as arry has pointed it, it's unlikely to be worth their while trying to do so.
That's why they want to put us off taking pillions, we're carrying around a 3rd party who's very likely to get injured in the event of any off. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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awicks |
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 awicks Derestricted Danger
Joined: 14 Sep 2012 Karma :   
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EazyDuz |
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 EazyDuz World Chat Champion

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RichieZX6R |
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 RichieZX6R Nearly there...

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Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 10:50 - 11 Oct 2012 Post subject: |
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EazyDuz wrote: | On my certificate it says [nothing about pillions]
on the statement of fact it says:
Will the motorcycle be used to carry
a pillion passenger? No |
Then why the chuff isn't that on the certificate? It's a "use" like any other. Bloody cretins, that's just storing up trouble.
If you ever intend to carry a pillion, take your certificate. If tugged, be adamant that you have cover for pillion use. Ask Plod to show you where that "use" is excluded on the certificate, which is the only statutory way that you can prove (to them or a court) that you are covered for that use. Cite Pryor versus GMP. Fight them on the beaches. Power to the People!
<goes for a lie down, defeated by the rampant, tumescent idiocy of the insurance industry> ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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blurredman |
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 blurredman World Chat Champion

Joined: 18 Sep 2010 Karma :   
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 Posted: 11:11 - 11 Oct 2012 Post subject: |
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I've looked over small print on my policies, and didn't people say (the last time this question was asked) that you were insured for pillion unless otherwise stated..
For example, the other year I was insured with Swinton Motorcycles, and in my policy it explicitly stated with other restrictions that I was not to take pillion.
But with my policy with BikeSure, it doesn't say anything about not taking pillions on my restrictions section.. ____________________ CBT: 12/06/10, Theory: 22/09/10, Module 1: 09/11/10, Module 2: 19/01/11
Past: 1991 Honda CG125BR-J, 1992 (1980) Honda XL125S, 1996 Kawasaki GPZ500S, 1979 MZ TS150.
Current: 1973 MZ ES250/2 - 18k, 1979 Suzuki TS185ER - 10k, 1981 Honda CX500B - 91k, 1987 MZ ETZ250 (295cc) - 40k, 1989 MZ ETZ251 - 50k. |
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EazyDuz |
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 EazyDuz World Chat Champion

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Andy_Pagin |
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 Andy_Pagin World Chat Champion

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Spudly |
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 Spudly World Chat Champion

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Andrew122 |
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 Andrew122 Nitrous Nuisance
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arry |
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 arry Super Spammer
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Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 15:05 - 13 Oct 2012 Post subject: |
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Mmm. The thing is, I honestly can't even remember if I was asked about pillion use when I took out insurance, nor do I know what I'd have answered.
What I do know is that I have a certificate of insurance that's very clear what uses are covered and not covered, but which makes no mention of pillions one way or the other.
What happens if I put the wife on the back and get tugged by Plod because "MID says 'no pillion cover'"?  ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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EazyDuz |
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 EazyDuz World Chat Champion

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arry |
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 arry Super Spammer
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Pete. |
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 Pete. Super Spammer

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 Posted: 17:12 - 13 Oct 2012 Post subject: |
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arry wrote: | EazyDuz wrote: |
So to conclude, dont know if this applies to all insurance companies, but if it doesnt say you cant carry a pillion on the cert, then you can. |
Careful with this. Although the law applicable to insurance contracts is in the throws of change at the moment, away from 'reasonable prudent underwriter' to 'reasonable insured' - case law suggests that you'd not be found to be a reasonable insured if you've deliberately and knowingly made a false statement to an insurer which would have caused a reasonable and prudent underwriter to alter their terms.
The fact the question is asked, and you've said you'll not be taking pillions, means that now you are taking pillions you've breached your duty of disclosure as there can be no doubts as to the materiality of the fact, as it is specifically asked.
Non disclosure allows for voidance.
Third party liability will still be picked up under RTA conditions. |
What about extraordinary circumstances, such as if you found someone stranded with their bike and gave them a lift to wherever? Surely that would still make you a 'reasonable insured' even if you stated that you never intend to take a pillion? No-one would reasonably expect you to leave a stranded motorist abandoned? ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good  |
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Old Thread Alert!
The last post was made 12 years, 272 days ago. Instead of replying here, would creating a new thread be more useful? |
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