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Title: Should I sue my boyfriend?

Date: 18 March 2013

Question

I recently broke my leg badly in an accident where I was riding pillion after a car pulled into our path and knocked us off.  Despite this I’ve been told that my claim needs to be against my boyfriend even though I don’t think he was to blame.

I really need the money but friends are telling me I shouldn’t be suing my boyfriend which is getting a bit awkward.  Is this right?

Star-eyed Rider, by e-mail

Answer

Without more detail regarding the accident it is hard to say why the car driver’s insurer isn’t accepting liability.  That said, if injured, pillion passengers automatically succeed in claims against the rider of the bike they’re on following an accident.  As liability is disputed your boyfriend’s insurer will simply pay out and then recover the money from the car driver’s insurer in the event that liability is successfully proven against the driver. 

The idea that this somehow pits you against your husband is far from the truth.  Your boyfriend is simply the named policy holder for the insurance on the bike which you were on and claims like this are why he is required to have that insurance in the first place. 

It’s also important to note that while technically you’re claiming against your boyfriend, it’s his insurers who will pay your claim and because your claim won’t affect your boyfriend’s no-claims bonus should he have one (that will be kept or lost depending on who is found at fault for the accident), your claim will have no financial impact on him whatsoever.

I hope this puts your mind at ease.

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