Insurance Company Sues Man Who Sold Bike To Banned Driver Who Died In An Accident
IF you sell a vehicle and fail to cancel the insurance – and the new owner fails to get any insurance – you could be liable for any damge they cause. Sound fair?
Paul Duffy sold his Kawasaki Ninja motorbike to James Bryson on August 13 this year. Mr Duffy did not know that the buyer was serving a four year driving ban. He had no insurance. Seven days after the legal trade, Mr Bryson collided with a Toyota Yaris near Arbroath, Scotland.
Paul, 48, a carer for his wife whose recovering from leukaemia, is understandbly unhappy. He was , after all, neither the bike’s registerd keeper nor the owner.
“Lawyers said that because Mr Bryson had died and had no insurance, they would be paying out on my policy. Because he chose to buy my motorcycle, I am, in the eyes of the law, giving him permission to ride the bike and I am in breach of my contract. So if I have any assets, MCE can take them from me to recover costs. I am effectively having to pay for an uninsured driver having a fatal accident. I have never broken the law. I don’t even have as much as a speeding ticket. But I have been told this is the law, and I have no protection or rights. I honestly thought that once the bike was sold, it was no longer my responsibility. I feel this is something every law-abiding, insurance-paying person should be aware of.”