Update.............and interesting if not hilarious....... Solicitor and barrister met Plod at the Plod Station....... ....within half an hour Plod had dropped any idea of of prosecution for 'no insurance'.......... .....Why? ......could it be to do with the fact that during an earlier discussion over the third party claim against my mate it emerged that the third party was responsible for reporting the state of the road to Plod four and two days earlier!!! .....and Plod hadn't passed on their concerns to Highways, or to two local farmers and neither were there any warning signs..... ...How embarrassing...... Plod and the legal team will be jointly making representation to the insurance company that in their opinion they cannot prosecute because they feel the rider had done everything correctly to make sure he was insured..... I'm waiting to hear what happens... AL
A couple of points Did any of the modifications make a material difference, what happens if you re-jet a carb to improve lumpy running or economy? Is it reasonable to expect a classic bike of that age not to have had some sort of aftermarket parts/modifications done during its life, items such as exhaust cans are no longer available. Would they have refused insurance if they had of known about all the modifications?, probably not so why don't they just pay out but with a slightly larger excess. And also its about all reasonable steps, your friend did take all reasonable steps, he didn't believe at the time of purchase the bike had been significantly modified and nothing put him on notice that it wasn't a standard bike as he has no mechanical experience. I think he could win.
He already has won I reckon. It's just a case of how long it takes the tight bastards to stump up the wedge. Make him understand, Al, that he is under no obligation whatsoever to accept their offer; he needs to barter.
Why on earth would you report the state of the road to the Police, are they responsible for that too?..............everyone knows its the street doctor on the local authority web site where you waste your time ......
and if the insurance company say he is insured.........he is insured, hence no prosecution.....if they had said he wasnt insured because of the modifications, he wouldnt have insurance and hence would probably of been prosecuted........simples really.
Er.......possibly because it was in the Met area???? I don't 'kin know why someone told the police that cars were skidding on the mud.........
The insurance company stated he wasn't insured because of the mods he didn't know about. Plod are now in agreement with the solicitor and the barrister that he believed he was correctly insured and they are not prosecuting.
A Stage 2 Dynojet kit and certain aftermarket exhausts are classified as a 'performance increase'........
So sue the sweeney then, it was their fault he crashed if he'd twice reported the problem and they hadn't acted on it. Or sue the farmers, or sue the sodding insurance company for trying to wriggle out of a claim. I'm fucking mad about this and I don't even know the bloke:biggrin:
it was because you made it sound like the cops were back pedalling after a cock up... "and interesting if not hilarious....... Solicitor and barrister met Plod at the Plod Station....... ....within half an hour Plod had dropped any idea of of prosecution for 'no insurance'.......... .....Why?" When all they will do is act on the info from the insurance company......:wink:
You are excused............after all, we can't rely on Plod to remember everything can we? PS. Make a note to make a note in your notebook. :wink:
My mate didn't report the cr*p on the road, but when his bike went down it slid into 'something else' which has attracted a third party claim against him..........It was that third party that reported the cr*p to the Plod.
And of course , you don't think they are, do you? Of course they 'kin are...........but they don't want to go to court on a 'no insurance prosecution' only for the defence to tell the court and the world that Plod knew the road was in p*ss poor condition for four days before my mate's 'off'..... .........so they suddenly became very helpful.
My initial reaction is that Plod don't want the insurance company commencing legal action against them; but on reflection I think they are laying themselves wide open to being sued. Just remember, I'm getting ear overload from my mate, who is distinctly worried about the outcome....because the insurance company say he is not insured, his legal protection is also void it seems, so he is paying for his legal representation out of his own pocket.
Good to hear that about Carole Nash. I went back to them a couple of years ago after a dispute about my DP exhausts when trying to take out a policy with another broker. It had turned into an argument about how many % the power could be increased by the pipes. CN were far more sensible but they haven't placed me with Allianz - I like the sound of their attitude though. I like the fact that CN give Green Card and European breakdown as standard, although I have heard it suggested that unless the bike is worth a fair bit they may be inclined to write it off if it breaks down a long way from home, rather than arrange repatriation!
