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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice
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My best friend has died this week in a motorcycle accident

Customer Question

My best friend has died this week in a motorcycle accident in Northern Spain. He had motorcycle and breakdown insurance with Swinton. They are saying that repatriation of his body is not covered. The policy states that if the bike is damaged, that the bike, rider and passengers will be repatriated. It does not mention that the rider is not covered if he is dead. Surely this is morally and legally wrong?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

The only people who can deal with this are his executors (personal representatives) or next of kin.
With insurance there is nothing which is morally wrong only legally.

If it says that the rider will be repatriated, then that would include the body. Just because the person has died does not mean that they are not the rider. If that were the case, anyone who is no longer sitting on the motorcycle would no longer be a rider!

If the insurance company stick to their guns then you can make a formal complaint to the Financial Ombudsman.

Can I clarify anything for you?