MCN Law | Can an insurer reduce your compensation payout for not wearing protective gear?

In partnership with Bike Lawyer

Each week, MCN’s legal specialist, Andrew Campbell, responds to reader questions about legal matters related to biking. This time it’s the turn of Ray from Reading who wants to know:

“In May this year I was knocked off my Triumph Tiger when a car pulled out in front of me. I did my best to brake but had no time to avoid the collision. The car driver’s insurer wants to deduct 25% of my compensation because my jacket did not have protective liners such as Kevlar. They say that my injuries would have been less serious with them. Are they right to do this?”

Answer

They are wrong. Bikers are legally required to wear helmets. There is no law requiring bikers to wear protective clothing such as gloves, boots, jackets or trousers. The Highway Code advises that ‘strong boots, gloves and suitable clothing may help to protect you if you are involved in a collision’.  The Highway Code does not say it will protect you, which is partly the reason there is no legal requirement for riders to wear protective jackets, trousers, gloves or boots. This advisory guidance is not compulsory.

You cannot therefore be held to have fallen foul of a law that does not exist. Furthermore, I am not aware of any court decisions that could act as a precedent. I think the insurer is confusing the law relating to car drivers who don’t wear seat belts where there can indeed be a 25% or 15% reduction in compensation.

If you need representation or legal advice with a biking matter, visit www.bikelawyer.co.uk or email andrew@bikelawyer.co.uk or call 01446 794169.