I used to be driving my journey bike on the highway when a 4×4 approached towing a horse trailer. The trailer instantly tipped over and I collided with it. Fortunately, I used to be high quality however my bike sustained a few grands’ price of harm. The trailer didn’t have a horse in it however was loaded with different contents.
I ran the declare by way of my insurers (I’m totally comp) and the accident has been registered as a fault accident on my half. So, my coverage extra was not repaid, I’ve misplaced my no claims bonus, and my bike and automotive insurance coverage premiums have all gone up.
The reason I used to be given was this. The driving force of the automotive was insured however not apparently for towing because the particular person didn’t declare a towing hook on their automotive. The insurers additionally stated there was no negligence on the driving force’s half as they have been driving usually.
The ultimate string to this argument was that I ought to have anticipated what occurred and been in a position to pull up safely. My insurers have stated they aren’t going to pursue any additional. Is there something I can do?
Reply
Sure, there’s something you are able to do however it can take a good bit of effort in your half. The strains of defence are, frankly, rubbish. The primary line, specifically the driving force had not declared a tow hook is pure bullshit and completely mistaken in legislation. An insurer covers all different highway customers for all dangers arising from the usage of a automobile on the highway. This has been established legislation since not less than 1972.
The second (that there was no negligence on the driving force’s half) may presumably be a defence however it’s for the driving force to show that the automotive and trailer he had management over (which doesn’t usually tip over) in actual fact tipped over with out negligence on his half.
I do know a bit about trailers they usually don’t are likely to instantly tip over until overloaded, pushed too quick, or are too heavy for the automotive. If overloaded, a trailer might be too heavy for a automotive and arrange a ‘snake’ which may flip a trailer over in a heartbeat.
Defence line three is comedy gold. It’s best to have anticipated a automobile approaching you may need an overloaded or in any other case unsafe trailer and, properly, what? By no means go previous it? Reverse your bike so it was by no means alongside you? While you discover the reverse gear in your bike, let me know.
My recommendation is to go to small claims court docket, ideally along with your insurer’s outlay as a part of your declare (that may be the price of your bike repairs). The insurers representing the automotive driver will fold. They want a lawyer to characterize them in court docket and no lawyer would run defences one and three, they usually carry the burden of proof on line two.
Andrew Dalton
Journey Bike Rider journal January/February 2023
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