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Pillion cover EDIT: Conclusion = :)

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EazyDuz
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PostPosted: 16:38 - 10 Oct 2012    Post subject: Pillion cover EDIT: Conclusion = :) Reply with quote

Me and the Mrs want to go motorycycle riding. I forgot to tick pillion cover when i took out my insurance, it wouldnt have even altered my premium.
Well i just rang my insurance (well the middle man between me and insurance) nice decent bloke, who basically said he is unsure if it needs to be stated on the policy, as the passenger would be a third party regardless. Ticking pillion doesnt mean they are insured on the motorcycle after all.

So whats the truth, can i take the mrs on the bike with no problems and not worry about the police, or do i have to state it?
Btw they said its £30 to change the policy, which runs out next May anyway, so not sure if its even worth doing if it has to be done...
Thanks
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Last edited by EazyDuz on 12:01 - 11 Oct 2012; edited 2 times in total
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Wafer_Thin_Ham
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PostPosted: 16:47 - 10 Oct 2012    Post subject: Reply with quote

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.
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SamWise72
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PostPosted: 16:51 - 10 Oct 2012    Post subject: Reply with quote

Wafer_Thin_Ham wrote:
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.


According to another thread, the Police in some areas stop people and check, and have confiscated bikes on the basis of that box not being ticked. The consensus was that it's probably illegal for them to do that, but they don't seem to know that. It's a small risk, but a risk nonetheless.
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Wafer_Thin_Ham
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PostPosted: 16:52 - 10 Oct 2012    Post subject: Reply with quote

SamWise72 wrote:

According to another thread, the Police in some areas stop people and check, and have confiscated bikes on the basis of that box not being ticked. The consensus was that it's probably illegal for them to do that, but they don't seem to know that. It's a small risk, but a risk nonetheless.


Personally I've only ever been pulled once in 7 years of riding and driving. Meh.
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J4mes
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PostPosted: 17:09 - 10 Oct 2012    Post subject: Reply with quote

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.

Confused
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daemonoid
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PostPosted: 17:21 - 10 Oct 2012    Post subject: Reply with quote

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.
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CaNsA
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PostPosted: 17:24 - 10 Oct 2012    Post subject: Reply with quote

Stop being such a pikey and pay the £30.

It's small potatoes when compared to the cost of your bike, the cost of repairs that you might need to pay, the cost of specialist medical care all if the worst happens because you forgot to tick a box.
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Rogerborg
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PostPosted: 00:23 - 11 Oct 2012    Post subject: Reply with quote

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.
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Pie-Roe
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PostPosted: 00:31 - 11 Oct 2012    Post subject: Reply with quote

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.
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Rogerborg
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PostPosted: 01:14 - 11 Oct 2012    Post subject: Reply with quote

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.
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awicks
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PostPosted: 08:43 - 11 Oct 2012    Post subject: Reply with quote

I went for the 'No Pilllion' option when taking out my insurance. Looking at the policy documentation is explicitly states
Quote:
Is it your intention to carry passengers on the motorcycle: No


I would check your policy documents to see what it states. I had to read mine a couple of times before I found that bit.

Andy[/quote]
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EazyDuz
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PostPosted: 09:01 - 11 Oct 2012    Post subject: Reply with quote

On my certificate it says:

Limitation as to Use:

 Use for social, domestic & pleasure purposes.

This insurance does not cover the following uses:
 Use for hire or reward, racing, pace making, track days, speed testing, participation in any rally, reliability trial or competition.
 Use for despatch, messenger, courier or food delivery services.

on the statement of fact it says:

Will the motorcycle be used to carry
a pillion passenger? No[/b]
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RichieZX6R
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PostPosted: 09:06 - 11 Oct 2012    Post subject: Reply with quote

Wouldn't chance it then without forking out the 30 quid.

States on my policy doc's 'pillion cover included [Y]'

I remember when i just passed my test and took a friend out on the 125. Had a police car follow me (and even cut some one up to get behind me) to either 1. check i had a full license/appropriate cover 2. check i wasn't some scrote riding around on a stolen bike.
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Rogerborg
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PostPosted: 10:50 - 11 Oct 2012    Post subject: Reply with quote

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! Mad

<goes for a lie down, defeated by the rampant, tumescent idiocy of the insurance industry>
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blurredman
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PostPosted: 11:11 - 11 Oct 2012    Post subject: Reply with quote

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..
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EazyDuz
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PostPosted: 11:58 - 11 Oct 2012    Post subject: Reply with quote

Can put a conclusion to this now.
Rang the middleman again, quoted BCF by saying 'i read on the internet that if doesnt mention any pillion restrictions on my insurance certificate, then legally i am allowed to carry one'.
So i asked him to call the underwriters and find out once and for all.
He calls me back 5 mins later saying 'as far as the insurance company is concerned, if you are riding the bike under your insurance, and it has 2 seats able to carry a pillion, you are legally allowed to carry a pillion and will not affect the validity of your insurance in any way'.

I should have recorded the convo just to be sure, however he said phone calls are recorded so there is some record of it being said. Doubt i will ever need it anyway.

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.
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Andy_Pagin
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PostPosted: 13:03 - 11 Oct 2012    Post subject: Reply with quote

Nowhere in any of my Carol Nash documents does it mention pillions.
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Spudly
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PostPosted: 14:06 - 11 Oct 2012    Post subject: Reply with quote

Rogerborg wrote:


<goes for a lie down, defeated by the rampant, tumescent idiocy of the insurance industry>


It isn't idiocy. It's carefully, finely calculated squeezing to within the tiniest poofteenth of an inch of the laws which say "you can't relieve consumers of their dosh by outright lies".

Fucking insurance companies and banks. All the ethical values of a rabid earthworm.
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Andrew122
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PostPosted: 10:42 - 13 Oct 2012    Post subject: Reply with quote

I tried to add pillion cover to my policy, and they wanted £268 from me. I shit you not. I called them back about a week later and accused them of trying to rip me off, when I already pay a fortune for insurance. After a few minutes, the guy returned with a price of £32 and apologised for the "mistake". Aye...mistake...
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arry
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PostPosted: 11:24 - 13 Oct 2012    Post subject: Reply with quote

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.
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Rogerborg
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PostPosted: 15:05 - 13 Oct 2012    Post subject: Reply with quote

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'"? Thinking
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EazyDuz
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PostPosted: 16:18 - 13 Oct 2012    Post subject: Reply with quote

Rogerborg wrote:
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'"? Thinking


keep a copy of insurance cert on the bike at all times.
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arry
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PostPosted: 17:04 - 13 Oct 2012    Post subject: Reply with quote

Rogerborg wrote:

What happens if I put the wife on the back and get tugged by Plod because "MID says 'no pillion cover'"? Thinking


It's not recorded on MID.
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Pete.
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PostPosted: 17:12 - 13 Oct 2012    Post subject: Reply with quote

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?
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