Learner Motorcycle Rider accident with passenger

[GJT]

My daughter is a rider of a 50cc scooter. she was stationary with a friend sitting on the bike near the pathment when a car hit them from behind. lights were on. Question is my daughters insurance Void because she had her friend sitting on the bike. They were not moving prior to the accident.

Your location is not known so i will give following. Location England. UK

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Check the insurance provisions -- all of them about whether this would void coverage.

But if they were hit from behind, the other person's insurance should be covering it, regardless of who was sitting on the scooter.

See, the fact the bike was parked and light on is important, not the fact two people were sitting on the scooter.

Also, check with an insurance expert in the U.K.

 

[usdeeper]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by GJT:
My daughter is a rider of a 50cc scooter. she was stationary with a friend sitting on the bike near the pathment when a car hit them from behind. lights were on. Question is my daughters insurance Void because she had her friend sitting on the bike. They were not moving prior to the accident.

Your location is not known so i will give following. Location England. UK<HR></BLOCKQUOTE>

I disagree slightly with lawrat..

Generally, if the keys are in the ignition (where they must have been) and the vehical is on the road, then she would be under the rules and law of the road. Since having a passenger on the back when you have a learners permit is breaking the law then it is important.

Was the fact this person was on the back reported to anyone ?

Basically it will come down to what has been reported and also how picky the insurance company wants to be. Your daughter was in fact breaking the law which means it is a get out for the insurance company if they want it.

[This message has been edited by usdeeper (edited October 23, 2000).]

 

[lawrat]

Thanks USdeeper for getting my back. I just learned something new!

Good point on the key in the ignition and being under laws of the road. But would this fact alone negate the other driver's liability?

 

[usdeeper]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by lawrat:
Thanks USdeeper for getting my back. I just learned something new!

Good point on the key in the ignition and being under laws of the road. But would this fact alone negate the other driver's liability?<HR></BLOCKQUOTE>

No.. but you know what insurance companies are like, anything to get out of paying. Unless the other driving mentions the passenger then it should be a mute point anyway.

What I do not understand is how damage could have been done without either the passenger or driver being hurt.

Anyway, since her insurance is not paying, she can call them and mention all the above to them and ask. Last time I knew, we did not have that crappy No Fault Insurance in the UK.