Pillion passenger claims involve a claim made by the pillion if they were injured in an accident that was caused by the driver 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 driver of the motorbike has pillion passenger insurance, as without this the driver could be held personally liable should you be injured in an accident. We can still act for you in this circumstance but clearly having to claim against the driver of the motorbike could be an unpleasant experience.
The Highway Code has rules regarding riding pillion, and these should be followed. Some of these rules include:
1. Pillion passengers must wear a helmet.
2. Pillion passengers should wear eye protectors and protective clothing. So you should be wearing the same protective gear as the rider, namely, helmet with visor, biker jacket, gloves, pants and boots.
3. The rules advise bright colours to increase visibility during the day, and reflective clothing to increase visibility at night.
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 very often means that pillion passenger claims can be settled quite quickly, with the minimum of resistance from insurers as liability for the accident is proven.
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What should you do if you’ve been involved in an accident as a pillion rider?
You shouldn’t move until you’ve checked yourself for injuries. Back and neck injuries can be made worse by moving after the accident before medical help arrives.
Don’t remove your helmet unless you are having difficulty breathing. This would take over any concern about head or spinal injuries
Get someone at the scene to call 999 immediately.
Don’t try to move the bike and stay where you are as long as you are not in any further danger from moving traffic.
Check yourself for injuries, and remove any new or additional dangers.
If you are able to, gather as much information at the scene as you can, including witness details, photographs of the vehicles and their position on the road.
If you are unable to do that then ask someone to do it for you. Evidence at the scene is always crucial in proving fault and liability when presenting your claim.
All of our team are legally qualified ranging from Solicitors to Legal Executives, and all are also bikers. Some of our team are also APIL members https://www.apil.org.uk/ which helps to ensure that we are all up to date with leading case law on personal injury and compensation awards.