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Uninsured motorcyclist on provisional licence: does this mean liability is automatically awarded against him in event of accident claim

by Murdo Maguire — last modified 2007-02-05 01:52

My stupid son bought a motorcycle and was driving it without insurance and with only a provisional licence. A lorry turned into him whilst he was driving to work. This caused him very serious injuries which he nearly died from. My question is, if a claim for damages is made against my son will he be held responsible for the collision due to him not having a valid licence or insurance? Even though the accident was clearly the fault of the lorry driver?

The fact that your son is uninsured and driving with a provisional licence may result in a police prosecution but in no way affects the liability of the lorry driver.

If he is seriously injured, a claim should be made to the insurers of the lorry who may well offer to fund medical treatment which will help the recovery.  He should seek immediate legal assistance and no doubt this can be provided on a No Win No Fee basis although you may have legal expenses cover on any house contents policy.

I have asked one of our solicitors to contact you with a view to providing expert assistance in bringing an accident compensation claim.

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