On the original post, this chap may be stuffed but it's bound to be worth getting in touch with one of the bike legal specialists. Is he in MAG or the BMF? Even call one of the bigger names in from the back of Bike or Ride magazines (other publications are probably available ....)
I'm no expert at all, but if he can show that the lack of ABS had no "material effect" or even was only "partly" to blame, he may be able to get some form of shared liability. If the guy turned across him in the situation where he had no chance at all, then the lack of ABS would make not a jot of difference - especially if it was while was on a bend or other non-straight piece of road.
A word of warning.
Moderators: Gromit, Paul, slparry
On another tack, the thread in banter about changing rusty bolts for stainless has got me thinking.
Could an insurer refuse a claim if some of the bikes fasteners had been changed from OEM to stainless and the insurer had not been notified of the 'modification'??
If so my mods list is gonna get longer!!
DT
Could an insurer refuse a claim if some of the bikes fasteners had been changed from OEM to stainless and the insurer had not been notified of the 'modification'??
If so my mods list is gonna get longer!!
DT
Ride like your life depended on it.
2002 BCR
2002 BCR
Dog Tyred wrote:On another tack, the thread in banter about changing rusty bolts for stainless has got me thinking.
Could an insurer refuse a claim if some of the bikes fasteners had been changed from OEM to stainless and the insurer had not been notified of the 'modification'??
If so my mods list is gonna get longer!!
DT
Unlikely, but possible I guess.
I mean if a wheel spindle snapped, then obviously the insurers are going to investigate that, and if they found it was a non factory item, then yes, no claim, but of course just tarting it up with nice stainless around the engine isn't going to matter one jot.
Dog Tyred wrote:Wasn't thinking so much about a claim as a result of a failed non-std component, more along the lines that the bike has been modified with advising the insurer.
I guess you would have to be boody unlucky to get an assessor that anal!!!!!!
DT
I would say no then.
No insurer will reject a claim based on changing a few nuts and bolts, unless any claim is directly attributable to that,
When the loss adjuster investigates, he/she is looking more at the vehicles roadworthiness.
Tyres, brakes etc. although some can get shitty over performance enhancing mods, and they don't like that (unless you've declared it).
BTW, I used to work for an insurance company.
Only just seen this thread , had to remove the Servo ABS system on mine recently but to ensure that the insurance aspect is covered I have informed my insurance Broker (Carole Nash) and they have assured me all is ok and it is on my file(make sure it,s on file by ringing back later and getting it confirmed.)any issues regarding payout in future if unlucky enough to need one will at least show that the onus was then on the Broker to decline cover at point of contact and they decided to endorse the Policy.
markwin wrote:Only just seen this thread , had to remove the Servo ABS system on mine recently but to ensure that the insurance aspect is covered I have informed my insurance Broker (Carole Nash) and they have assured me all is ok and it is on my file(make sure it,s on file by ringing back later and getting it confirmed.)
I'd still want that in writing from them.
Blackal wrote:Some people who have removed the abs ( GS models) informed their insurers, and got it accepted (removed- not defeated).
Always a bit of a risk:
Informed and Accepted
Rejected and noted as "refused cover"
Not informed- then try to claim.
You play the odds.......
Al
In this instance it would be declined to cover, not refused to cover, which is chalk and cheese as far as insurers go.
Some insurers decline to cover modified bikes, this is not the same as refusing cover where there is an issue with the person wanting insurance.
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