Pillion passengers may be entitled to compensation after a motorcycle accident

A pillion passenger has little control over how a motorcycle is ridden or how other road users behave. However, they can be exposed to the same risk of injury as the rider when an accident occurs.

If you were injured while travelling as a pillion passenger in Northern Ireland, you may be able to pursue compensation where the accident was caused by the negligence of the rider, another road user or more than one person.

Who might be responsible for a pillion passenger’s injuries?

The starting point is to establish how the accident happened and who was legally responsible.

Depending on the circumstances, liability might rest with:

• The motorcycle rider, for example if they were travelling too fast, failed to keep proper control or made an unsafe manoeuvre.
• Another road user who pulled out, changed lanes, followed too closely or otherwise failed to take reasonable care.
• Both the rider and another road user where the actions of both contributed to the same accident.
• Another party responsible for a dangerous road condition or obstruction, where negligence can be established.

A single-vehicle accident can therefore still result in a valid pillion passenger claim. Where the rider and another driver blame each other, it may be appropriate to pursue more than one party while the evidence is investigated.

Can you claim if the motorcycle rider caused the accident?

A motorcyclist has a duty of care to ensure the safety of their pillion passenger, and the motorcycle must be suitably designed for pillion passenger travel. If negligent riding caused the accident and your injuries, you may be able to claim against the rider.

This can feel uncomfortable when the rider is a friend, partner or relative. In an ordinary insured case, the rider’s motor insurer will usually investigate the claim, deal with the legal process and meet any agreed compensation or court award. The purpose of the claim is to compensate the injured passenger, not to punish the person who gave them a lift.

What if the responsible rider or driver was uninsured?

An uninsured rider or driver does not necessarily leave an injured pillion passenger without a route to compensation. A claim may be possible through the Motor Insurers’ Bureau (MIB), which operates schemes to compensate people injured because of negligent uninsured or untraced road users.

The MIB schemes contain conditions and exclusions, so it is sensible to obtain advice promptly. This is particularly important where the at fault road user left the scene and it was not possible to obtain vehicle registration details

Learn more at: Uninsured or untraced (hit & run) driver claims.

Can a pillion passenger be partly responsible?

Pillion passengers are rarely responsible for causing a motorcycle accident because they are not controlling the machine. However, contributory negligence may be alleged where the passenger’s own actions increased the risk of an accident or worsened the injury.

Examples could include interfering with or distracting the rider, knowingly accepting an obvious danger or failing to wear a compliant and securely fastened helmet where this contributed to a head injury. The Northern Ireland Highway Code: Rules for motorcyclists also states that a pillion passenger should sit astride a proper seat, face forward and keep both feet on the footrests.

This does not mean that every mistake prevents a claim. If contributory negligence is established, compensation may instead be reduced to reflect the passenger’s share of responsibility.

Learn more about contributory negligence at: Can I still claim in Northern Ireland if an accident was my fault?

What compensation could a pillion passenger claim?

A successful claim may include compensation for:

• Pain, suffering and loss of amenity caused by physical and/or psychological injury.
• Loss of earnings and any disadvantage in the labour market.
• Private medical treatment, rehabilitation and therapy.
• Ongoing costs of domestic care and assistance.
• Damage to a helmet, protective clothing and personal belongings.
• Future financial losses where injuries have lasting consequences.

The value of a pillion passenger claim depends on the injuries, the recovery period and the financial impact of the accident.

What should a pillion passenger do after a motorcycle accident?

Your health comes first. Seek medical attention and explain every symptom, even if some symptoms developed after the accident.

Where possible, it can also help to:

• Record the names, vehicle registrations and insurance details of those involved.
• Obtain witness details and preserve photographs, video or dashcam footage.
• Keep the damaged helmet and protective clothing rather than disposing of them.
• Retain receipts, wage records and other documents showing the accident’s financial impact.
• Report the accident to the Police Service of Northern Ireland where required, particularly following injury or a hit and run incident.

Do not worry if you are unable to gather everything at the scene. A solicitor can investigate the circumstances and acquire what further information is available.

How long do pillion passengers have to claim in Northern Ireland?

In most Northern Ireland personal injury cases, court proceedings must be issued within three years of the accident date. This is not simply a deadline for contacting a solicitor. The necessary proceedings must usually be started before the limitation period expires.

Different rules apply to children and some people who lack capacity. For a child, the three-year period will generally begin on their 18th birthday. However, it is usually better to seek advice much earlier while evidence is available and memories are fresh.

Learn more at: How long do I have to make a personal injury claim in Northern Ireland?

We are Belfast-based motorcycle accident claims solicitors

McCartan Turkington Breen has one of Northern Ireland’s most experienced road traffic accident claims departments.

We can investigate how the accident happened, identify the appropriate insurer or compensation route and guide you through each stage of your claim.

Whether responsibility rests with the motorcycle rider, another road user or more than one party, we can help you understand your options.

Visit Motorbike Accident Claims to learn more or Contact Us to make a free, confidential and no obligation enquiry.

This content is for informational purposes and is not intended as advice of any kind.