Cocaine and riding
I have an ongoing claim from an accident last summer. I was on the back of my brother’s bike as he was giving me a lift home. We had been at a friend’s house and I didn’t see my brother drink any alcohol so I thought it was safe to go with him. I was not aware that he had been taking cocaine when there. He lost control of his bike on and we both came off. He was convicted for drug driving. His insurers are now saying they won’t pay me compensation as I knew he was taking drugs but I decided to get on the bike anyway. This is not fair as I really had no idea. Are they correct?
Phil, Stockport
Answer
There is a metabolite in cocaine called benzoylecgonine and that is what they test for. There is a “legal” limit of 50 microgrammes of this substance per litre of blood. Anything over this and a driver is likely to be prosecuted in accordance with Section 5A of the Road Traffic Act 1988.
You need to get witness evidence to help prove you had no idea that your brother was using the drug as well as giving your own evidence. If the insurer shows that it was obvious or that you knew or ought to have known that your brother was taking cocaine then you may well find you will receive reduced compensation to account for your contributory negligence
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