£100,000 Compensation for Motorcycle Pillion Passenger
11 November 2015
A man injured whilst riding as a passenger on a motorcycle has received substantial compensation for his injuries.
Settlement Value: £100,000
What Happened: Our client, a 17-year-old male, was a pillion passenger on a motorcycle.
The motorbike was in the process of overtaking a security van when the van turned right into a side road, causing a collision.
Impact: Our client sustained numerous injuries, including a comminuted mid-shaft fracture of the left thigh bone, a closed fracture of the left fibula, a closed fracture of the left shin bone and a closed transverse fracture of the left kneecap. He also has several lasting scars from all the surgery that he required.
Just 17 years old at the time of the collision, our client had just started a career as a painter and decorator, which had to be put on hold. Medical evidence obtained by Slater and Gordon showed that our client had permanent symptoms from the injuries that would likely leave him disadvantaged in the labour market.
How Slater and Gordon Helped: A personal injury claim was brought against the security company who denied liability, so a claim was also brought against the driver of the motorcycle upon which our client was a pillion passenger.
Unbeknown to our client, the motorcycle driver was uninsured, so a claim was also brought against the Motor Insurance Bureau (MIB).
The security company alleged that the motorcycle overtook their van when it was unsafe to do so, and also then raised the question of illegality – or “ex turpi” – due to the motorcycle being uninsured.
Proceedings were issued against all defendants whereupon the security company admitted full liability and agreed to deal with the claim. However, they later tried to deny liability and raise the ex turpi argument again, though this proved unsuccessful.
The security company sought to push the claim against the MIB, arguing the motorcyclist was to blame, but this was also unsuccessful. The court ordered the security company to pay damages to our client, plus the costs of the other defendants, whom they had caused to be involved in this action.
Decision: We settled the claim in favour of our client who received £100,000 compensation.
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