Pillion passengers can make a claim if they were injured in an accident that was caused by the rider of the motorcycle, was the fault of another road user, or pedestrian, or was caused due to defects in the road surface.
You must ensure that the rider of the motorbike has pillion passenger insurance, as without this the rider could be held personally liable should you be injured in an accident. We can still act for you in this circumstance. Having to claim against the rider of the motorbike can be a highly sensitive action, however, we can support you.
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The Highway Code is a guide but not necessarily law. It has rules and recommendations regarding riding as pillion. Some of these include:
- Pillion passengers must wear a helmet. (Law)
- Pillion passengers should wear eye protectors and protective clothing. So, you should be wearing the same protective gear as the rider, namely, a biker jacket, gloves, trousers, and boots. (Recommendation)
- The Highway Code suggests bright colours to increase visibility during the day, and reflective clothing to increase visibility at night. (Recommendation)
Points 1,2, and 3, are examples of how an injury claim might be reduced. If the opposing side can argue successfully that the injury was more severe due to the Pillion’s choice, not to follow the recommendations of the Highway Code, the pillion may receive a reduced compensation percentage. Failure to follow the law may lead to prosecution and may also reduce the compensation support for any injury sustained.
Pillion passenger claims tend to be more straightforward than other motorbike claims as the passenger has no control over the bike and is therefore unable to cause or prevent any accident. This often means that pillion passenger claims can be settled quickly, with the minimum of resistance from insurers as liability for the accident is proven.
(Mag Legal and Mag Legacy are trading styles of Smooth Law Limited. ) Smooth Law Limited is authorised and regulated by the Solicitor’s Regulation Authority (SRA no. 619610)