January 2015 Ride magazine
Page 18
Andrew Dalton column
If you sell your bike, cancel the insurance immediately otherwise you could find yourself responsible for any outlay your insurance company pay out, as if the new rider is uninsured, your insurance will be used, as the rider can be classed as a "third party risk".
Also check the buyer has valid insurance before handing over your keys, a genuine buyer will have insurance in place
This is based on the most recently run case of Paul Duffy.
Full column in Ride
Thank you, THANK YOU, for bringing that to our attention, Ro. It really is important; a biker could be paying out for the rest of her/his life - literally - for an incident in which s/he was totally uninvolved.
The penultimate sentence of Andrew’s article struck a chord as well. “Also, there is a specific criminal offence of allowing your own vehicle to be used while the rider is uninsured.” Since none of the bikes I’ve owned have been spectacularly expensive, I’ve always been willing to lend them out if I’m not using them on that particular day, on the grounds that I’ve thought that if I didn’t know that the rider was uninsured I’d be OK if an incident occurred.
I didn’t ask questions. I will now. Sincere thanks again.
Ignorance I possess aplenty, Ro.
In this case, I would've been doubly ignorant; ignorant of the law itself, and - in not enquiring as to whether the rider was insured - ignorant that an offence was being committed.
but who actually goes to a bike knowing you are taking it home.... I have never bought from a dealer and go look at a bike and think that is a dog and walk away or think yep I will have that... If I buy it I ride it home. I am covered on my ins to ride anyone elses bike so we put next days date on docs and am covered provided it is covered on his as well, as I am testing/borrowing the bike for a day. Now of course we have the new prob of road tax to deal with also.
Its not about you buying a bike, its what happens to the seller of the bike. If you sell your bike and don't cancel your insurance, then YOU can (and probably will) be held accountable for any accidents or incidents and consequently any costs, claims etc, that occur if the buyer of the bike was uninsured.
The outcome is if you are SELLING your bike then immediately cancel your insurance policy.
@Rowanblossom, In the eyes of the law ignorance is no defence..,
Yes you are correct BUT and its a BIG BUT ?.No one owns their vechicle, they are only the registrered keeper, ( The Owner is DVLA by law ) Has soon has you sign the V5 document you give opwnership to the DVLA, AND YOU THEN CONTRACT TO PAY the DVLA MONEY IN ORDER TO KEEP THE SAID VECHILE ON THE ROAD, TAX,INSURANCE and MOT . Just check the law ,The real Law not corporation law.
This is based on reported case law, please see first post of thread.
Again I will stress this about insurance, not an issue about who owns what. If you don't cancel the insurance upon selling your bike or car and the buyer has no insurance and an accident/incident occurs, you can be held liable as the the person with insurance.
The fact you haven't a clue if the buyer is insured when you sell the bike does not negate the insurance companies seeking recompense if your insurance is still in place.
the ignorance is no defence part means simply that if you think that by saying you didn't know means bugger all as a defence!
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