What if I wasn’t wearing leathers and body armour?

I was knocked off my Vespa on a roundabout when a car changed lanes without indicating and cut across my path. I had multiple soft tissue injuries which I have thankfully pretty much recovered from, but it was pretty unpleasant for a few months. The car driver’s insurer has accepted what they call ‘primary liability’ but they say they will only give me 75% of my compensation. The reason for this is because they say I was partially responsible for my injuries by not wearing a protective jacket and trousers. If I had been, then they say that I would not have been as badly hurt. Is this right from a legal perspective?

Helen, Swansea

Answer

The short answer is no. Motorcyclists only legal requirement is to wear a helmet. There is no law or obligation requiring bikers to wear protective clothing such as jackets or trousers.  The Highway Code simply advises that ‘strong boots, gloves and suitable clothing may help to protect you if you are involved in a collision’.

It is for your opponent to satisfy the court as to any contributory negligence, and my view is that they will fail.  You should maintain your claim for 100%.

We have seen an increase in seeing such tactics recently, unfortunately.  The insurer may be misapplying the law relating to car drivers who don’t wear seat belts and bikers without helmets where there can be deductions to compensation, or they may simply be chancing their arm.