I am in a bit of a dilemma. My husband was driving our Goldwing with me riding pillion when all of a sudden he lost control on a bend. Fortunately he was not travelling too fast and the bike was only superficially damaged as it slid to a halt. He also escaped injury other than a few bruises and cuts. I was not so lucky as I ended up being taken to hospital in an ambulance. I fractured my left wrist and thumb and now have a wire in my thumb and a plate in my wrist. I want to claim compensation but don’t want to sue my husband! Is there anything else I can do?

 

Alison Barker, Lincolnshire

 

 

Without wishing to sound like an “ambulance chaser” the simple answer is yes, you should sue your husband! As the pillion you are certain to succeed in your claim for compensation for your injuries and financial losses. If court proceedings become necessary your husband would be named on the court documents as the Defendant. However, the majority of claims settle without the need for court proceedings to be commenced, let alone reach a trial.

 

In reality the claim will be notified to your husband’s insurer and your husband will be indemnified for the value of the claim and your legal costs by his insurer. Your husband will simply have to let his insurer know his version of events (i.e. admit liability) and his involvement will end. The only downside for him is that he may have to pay an excess or may face an increased premium. The cost of this will be far outweighed by the value of your claim.

 

This sort of thing happens very frequently and I am sure your husband will not take it personally!