24 June 2021

Can I make a claim if I was injured whilst travelling as a pillion passenger on a motorbike?

If you have been injured in a motorcycle accident whilst travelling as a pillion passenger you could be entitled to compensation.

What is the law regarding pillion passengers?

When riding pillion the motorcyclist riding the bike must:

• Ensure that the bike has been fitted with an adequate pillion seat.
• Ensure that the passenger is able to reach the footrests.
• Ensure that the passenger is travelling facing forwards.
• Supply the passenger with a BSA (British Standards Authority) approved helmet.
• Agree with their passenger a means of communication whilst on the bike – i.e. by hand signal or intercom.
• Make their passenger aware of the dangers of riding pillion.

What are the risks of riding pillion?

You are an extremely vulnerable road user whilst riding pillion, not only can other motorists cause an accident but also the negligent actions of the person riding the motorcycle. For example the rider might not take into consideration how carrying a pillion passenger impacts the way in which the bike handles the road, balances and how it effects the suspension performance.

Pillion passengers can face the following risks:

• Falling when turning a corner
• Being thrown off the back of a motorcycle
• Head injuries
• Leg injuries

How do I know if I am eligible to make a claim?

You may be eligible to make a claim for a pillion passenger accident if:

• The accident happened in the last three years.
• Someone else was to blame for causing the accident.

How much will my claim be worth?

The amount of compensation that you could receive for your pillion passenger accident is dependent on:

• The extent of your physical and mental injuries.
• Your financial losses and costs incurred as a result of the accident.

Your solicitor will calculate your claim based on general and special damages.

General damages:

General damages are calculated based on your pain, suffering and loss of amenity.  Physical and psychological injuries are covered by general damages.

Special damages:

This covers any current and future financial losses incurred as a result of the accident. Examples of special damages include:

• Loss of earnings through being unable to attend work, or work to the same capacity as you did pre-accident.
• Medical and rehabilitation treatment costs.
• Care costs.
• Home and vehicle adaptation costs.
• Mobility aids.

How much will it cost me to make a claim?

We will handle your pillion passenger claim on a ‘No Win, No Fee’ basis. If your claim is successful we will deduct 25% from your settlement figure, known as a success fee.

Can I claim if I was partly to blame for causing the accident?

If your actions as a pillion passenger contributed to causing the accident you may still be able to make a claim. Any compensation payout may however be reduced under a split liability basis.

For example if you were 30% responsible for your injuries, your settlement would be reduced by 30%.

True Solicitors have over 25 years experience handling road traffic accident claims. Call us on 0344 854 7000 or submit your details below to start your claim.

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