Knocked off when riding pillion…

I was riding pillion on the back of my husband’s bike when a car driver did not give way on a roundabout and knocked us both off. My husband was fine but I ended up with broken bones and psychological trauma. I have two questions for you. First of all, the car driver’s insurer is alleging my husband was partly to blame for the accident and I was wondering how this could impact my case? Second, can I claim for the psychological impact this has had on me as well as for the physical damage to me?

Ruth, Cheltenham

Answer

Dealing first with liability, it will not matter if your husband is ultimately found to be partly to blame. From what you say the other driver should be fully responsible but if there is shared blame then you will be able to recover all of your compensation between your husband’s and the other driver’s insurers, in line with the liability percentage split agreed.

You can indeed recover compensation for your psychological injuries as well as your physical injuries. A Claimant must prove his or her case and when it comes to psychological injuries you will need an independent expert psychologist or psychiatrist to prepare a medical report detailing your psychological or psychiatric injuries, any treatment that could help and providing a prognosis. Should the expert recommend treatment, such as cognitive behavioural therapy (CBT), then the private cost of such treatment can be recovered in your claim.