Does my pillion need a different lawyer?

Last year I went for a ride in North Wales with my girlfriend riding pillion. It was a lovely summer’s day and the roads were dry. Around 100 metres ahead of us, I saw a delivery van stationary at a junction indicating to turn right. I assumed he saw us. However, as we got closer, the van suddenly drove out, giving me no time to avoid a collision resulting in injuries to me and my girlfriend.

My insurer instructed a solicitor to act for us both and it has been a smooth process so far, however, our opponent claims that I was partly to blame for exceeding the speed limit (which I deny).

They say there is a conflict of interest and my girlfriend and I need different lawyers. My solicitor disagrees. Who is right?

James, by e-mail

Answer

If your opponent is alleging contributory negligence (i.e., that you were partly at fault), you and your girlfriend should have separate representation and so one of you will need to change solicitors.

As an innocent passenger, your girlfriend is going to succeed in full with her claim.  This will be either entirely against the van driver, or with your insurer making up the balance of the claim relating to your share of the blame. It is for the Defendant to prove contributory negligence; in your case, that you were exceeding the speed limit and that your speed was materially relevant to the accident.