Biker may be held liable as new owner crashes
A motorcyclist who sold his bike could be forced to pay tens of thousands of pounds after the new owner had a fatal crash just seven days after buying the bike, reports Visor Down.
A legal loophole means that seller, Paul Duffy, could be held liable for all costs from the collision that killed banned driver James Bryson, who had bought the bike a week before. This is due to the fact that Mr Duffy hadn't cancelled his insurance policy and Bryson had been driving without insurance, when he crashed into a Toyota Yaris in Scotland.
This loophole could mean that 48-year-old Duffy is legally liable for costs arising from the fatal crash, as Duffy had forgotten to cancel his insurance policy with MCE insurance brokers, which says that it is liable for the collision and can claim costs back from the insured biker in court.
Mr Duffy said: "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."
The biker, who has been recovering from leukaemia added: "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."
He continued: "'I honestly thought that once the bike was sold, it was no longer my responsibility."
Bryson, 28, who died in the collision, had been serving a four-year driving ban. He had also just been released from jail for trying to evade police in a friend's car while around three times over the drink-drive limit.
Despite paramedics' efforts Bryson died after crashing the £3,500 Kawasaki motorbike. Duffy, however, is warning other drivers to cancel insurance policies immediately after selling a vehicle.