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petalbriefs
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PostPosted: 07:53 - 30 May 2014    Post subject: Possibly a stupid question.................... Reply with quote

So this maybe a really stupid question but I have always been told, the only stupid question, is the one you dont ask!

So, when I insured my bike, they asked if I wanted pillion cover, to which I said no, as being on a CBT, I cant carry passengers anyway, but, if you did want to carry a pillion, is the insurance compulsory?

Or could you legally have a passenger without that insurance?

Thanks in advance Very Happy
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Conzar
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PostPosted: 08:04 - 30 May 2014    Post subject: Reply with quote

What i can remember, you are fine to carry a passenger, in the event of a accident if pillion cover was not on the policy i don't think the pillion can claim.
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lihp
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PostPosted: 08:10 - 30 May 2014    Post subject: Reply with quote

Conzar wrote:
What i can remember, you are fine to carry a passenger, in the event of a accident if pillion cover was not on the policy i don't think the pillion can claim.


Wrong.

The pillion is and always will be a 3rd party in any incident, they can claim on the 3rd party cover section of any policy.
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Conzar
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PostPosted: 08:12 - 30 May 2014    Post subject: Reply with quote

Very informative there Phil
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Rogerborg
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PostPosted: 08:25 - 30 May 2014    Post subject: Reply with quote

Yup. Insurers have to pay out to any 3rd party (anyone not the driver / rider) who suffers injury or loss. The sole exception is a passenger in a stolen vehicle who knows or should reasonably have suspected that it was stolen.

The background to this is potatoed pillions claiming against the rider, including one case of a wife (successfully) claiming against her husband.

We're essentially carrying around fleshy liabilities, and insurers don't like it. No, sir, they don't like it at all.

When they talk about "pillion cover", what they're really asking about is a risk factor. It's not really different to them asking about mileage or business use, they're just trying to figure out how likely we are to make a claim, and how big it's going to be.

Whether they can "void" cover if we do something that we didn't tell them about (carrying a pillion, using a vehicle for business purposes, exceeding an agreed mileage) and whether that leaves us uninsured for purposes of the RTA is a question for the courts. Dibble seems to think so. I disagree, but don't intend to be in a position to find out.

In theory, if you tell them that you're not going to carry a pillion and then do so anyway, spazz them up, and they successfully claim from your insurer, then your insurer could try and recover that payout from you. I say in theory because their legal costs are likely to exceed what they could recover from a typical person.

tl;dr version - dunno, ask arry. Wink
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Baffler186
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PostPosted: 10:18 - 30 May 2014    Post subject: Reply with quote

I assumed that if you stated on your insurance form that you don't want Pillion cover, it meant that you couldn't legally carry a Pillion (i.e. if you did, you were riding whilst uninsured and hence illegally).

Good to know I can carry the occasional person if need be, but may ask them to sign a waiver first!
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Az
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PostPosted: 10:38 - 30 May 2014    Post subject: Reply with quote

I asked a similar question, the response I got from this thread was that if you had an accident and it was your fault, you could end up being liable for paying your pillions compensation if you don't have pillion cover. Just to clarify though, you can legally ride with a pillion even if you don't have pillion cover (once you have your license).
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Shreeve
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PostPosted: 10:53 - 30 May 2014    Post subject: Reply with quote

After doing some quotes on comparethemarket it made no difference to cost whether you stated Pillion cover or not.
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Monkeypony
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PostPosted: 11:04 - 30 May 2014    Post subject: Reply with quote

Quite correct.

Your insurance company would have to pay out the third party claim.

Then they are free to chase you personally to get their money back.
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CBFcarl
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PostPosted: 11:04 - 30 May 2014    Post subject: Reply with quote

I could be wrong (it happens) but I thought that on a CBT only you cannot carry a pillion?
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Rogerborg
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PostPosted: 11:14 - 30 May 2014    Post subject: Reply with quote

Correct, but insurers aren't the sharpest sandwich at the picnic.

Baffler186 wrote:
I assumed that if you stated on your insurance form that you don't want Pillion cover, it meant that you couldn't legally carry a Pillion (i.e. if you did, you were riding whilst uninsured and hence illegally).

You may be. Dibble think you are. A court might disagree, but I wouldn't want to bet my license on it.


Baffler186 wrote:
Good to know I can carry the occasional person if need be

At the risk of 6 points, seizure (although it would be very harsh since you could remedy it by the pillion getting off), and/or being asked to make good the insurer's payout.

Baffler186 wrote:
but may ask them to sign a waiver first!

Has no legal force. If you binned it and spazzed someone for life, do you really think that they'd say "Ah well, I signed a bit of paper, so I won't get my guaranteed lifetime care payout from your insurer because you might be asked to pay some of it later" ?
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map
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PostPosted: 11:44 - 30 May 2014    Post subject: Reply with quote

CBFcarl wrote:
I could be wrong (it happens) but I thought that on a CBT only you cannot carry a pillion?
...that'll be because you're also on L plates and a condition of your licence (it'll be a provisional).

Although if you really, really want to have a look at Daniel Williams' e-petition Rolling Eyes
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Last edited by map on 11:46 - 30 May 2014; edited 1 time in total
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Baffler186
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PostPosted: 11:45 - 30 May 2014    Post subject: Reply with quote

Rogerborg wrote:
legal stuff
Good job I lied about having friends. I will never carry anyone
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map
Mr Calendar



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PostPosted: 11:47 - 30 May 2014    Post subject: Reply with quote

Baffler186 wrote:
Rogerborg wrote:
legal stuff
Good job I lied about having friends...
Let's be honest, that was no lie Wink
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talkToTheHat
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PostPosted: 17:10 - 01 Jun 2014    Post subject: Reply with quote

That's a really well written petition that I shall be signing right away.

Disobey a condition of your insurance and you are not insured. Commute with only SDP and you're shafted. Deliver pizza without Business Use and equally shafted. Same goes for carrying a pillion when you are not insured to.

Carry a pillion on L-plates and not only will you void your insurance, but you won't be licensed either. That will be a world of trouble.

Sold pillion insurance on a provisional licence? That's a mis-sold policy, complain to your insurer and the financial services ombudsman.

Whether there is a premium for pillion cover and how much one might save without it depends on both the rider and the bike, it might be no cost, it might not be available or prohibitively expensive.
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Rogerborg
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PostPosted: 18:01 - 01 Jun 2014    Post subject: Reply with quote

talkToTheHat wrote:
Disobey a condition of your insurance and you are not insured.

On what case law are you basing that opinion?

This is a genuine question, and not remotely rhetorical.
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petalbriefs
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PostPosted: 18:18 - 01 Jun 2014    Post subject: Reply with quote

talkToTheHat wrote:
That's a really well written petition that I shall be signing right away.

Disobey a condition of your insurance and you are not insured. Commute with only SDP and you're shafted. Deliver pizza without Business Use and equally shafted. Same goes for carrying a pillion when you are not insured to.

Carry a pillion on L-plates and not only will you void your insurance, but you won't be licensed either. That will be a world of trouble.

Sold pillion insurance on a provisional licence? That's a mis-sold policy, complain to your insurer and the financial services ombudsman.

Whether there is a premium for pillion cover and how much one might save without it depends on both the rider and the bike, it might be no cost, it might not be available or prohibitively expensive.


Just to clear this up, when I originally asked the question, I did say that I was aware that on a CBT, I could not carry passengers.

I was just interested to know, whether the pillion insurance is compulsory or optional when carrying a pillion, assuming that your license allows this in the first place, or, if this is a "sensible optional insurance" much like travel insurance.

From what I understand from the replies, the pillion is considered a 3rd party, so if injures in an accident, your insurance would pay out but if the accident is considered your fault, your insurance may seek to recover that cost from you.
But if you have pillion insurance, that would cover that eventuality.

Is that correct?
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Nexus Icon
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PostPosted: 18:43 - 01 Jun 2014    Post subject: Reply with quote

Yes.
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maph3rs
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PostPosted: 21:27 - 01 Jun 2014    Post subject: Reply with quote

I called to get Pillion added to my insurance yesterday. No cost to my insurance premium, however £35 admin fee Twisted Evil
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Llama-Farmer
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PostPosted: 21:42 - 01 Jun 2014    Post subject: Reply with quote

I thought that whilst the pillion can claim as a 3rd party against you and insurance will pay out regardless, if you have declared to insurance that you won't carry a pillion then they could attempt to recover the costs from you in the courts.


I have so far found that pillion cover doesn't change the cost of my policy anyway, nor does commuting as my annual declared (and actual) mileage is so low.

So as long as there is no difference in cost, or the difference is relatively low, I'll add as many extras as possible, i.e. pillion cover, fire & theft over TPO, commuting, not declaring security features or garage
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Teflon-Mike
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PostPosted: 21:48 - 01 Jun 2014    Post subject: Reply with quote

petalbriefs wrote:
But if you have pillion insurance, that would cover that eventuality.
Is that correct?

Pretty much;

Except using the term 'pillion insurance' is half the confusion.

There is no seperate 'pillion insurance'. Nor is 'pillion cover' an extension of a motor-vehicle policy, like 'Fire & Theft' or 'Helmet & Riding Apparel'.

Pillions are a 3rd Party, they are covered by Third-Party Insurance.

The question "Will the motorcycle be used to carry a pillion', has same standing as "where will the vehicle normally be kept over night"... you don't get 'Garage' insurance is you check the 'garage' box, do you?

Its a query of the insurance companies risk assessment, and an inferred contractual obligation; it is not 'extra' insurance.
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talkToTheHat
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PostPosted: 22:10 - 01 Jun 2014    Post subject: Reply with quote

Various people I wish I didn't know who have landed themselves in court for doing things not on their vehicle insurance terms. Using own vehicle to deliver takeaway, using sdp + commuting insured vehicle to deliver trailer loads of scrap metal 'as a favour for a friend'. Unauthorised performance modifications. All of these have resulted in people I know getting bans for driving without insurance. I'm not going to name names.

It it my understanding that taking a pillion without insurance was covered as driving without insurance and attracted at least points and a fine. This was drummed into me during rider training between 2 and 3 years ago. I don't have case law to hand.

Maybe I have been too specific in how I worded what happpens (he says trying to avoid a specifications vs semantic side-debate)
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djrikki
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PostPosted: 22:52 - 01 Jun 2014    Post subject: Reply with quote

Very interesting, I played around that much with options on GoCompare I wasnt sure if Id eventually ticked pillion - so downloaded my docs and searched. Not a mention of pillion in the full thing - so it doesnt say I'm NOT covered.
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