Is there a conflict with pillion claim?
In October I was riding along the A4 with my partner on the back and happily going along enjoying the ride. A car was waiting at a junction to our right, about 70 metres away and indicating to turn left. He pulled out on us giving me no time to react and there was an accident in which we were both hurt. My insurer appointed a solicitor to act for us both and so far it has been a smooth process.
I have been acting as litigation friend for my partner due to the nature of her injuries, providing instructions on her behalf to our solicitor. The car driver’s solicitor is now alleging that I was partly to blame for exceeding the speed limit (which I was not) and says there is now a conflict of interest and my partner and I should have different solicitors. My solicitor says this is not needed. Who is correct?
Andy Palmer, Calne
Answer
If the Defendant is pursuing an allegation of contributory negligence against you, i.e. that you were partly at fault, you and your partner should have separate solicitors. Your partner is bound to succeed in full with her claim either entirely against the other driver or with your insurer making up the balance of the claim relating to your degree of fault. Also, I do not think you can continue to be her litigation friend and she should find an alternative one who is not a party to the claim.
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