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Fife man faces crippling costs after motorbike he sold was involved in fatal accident

The aftermath of the fatal accident on the outskirts of Arbroath last month.
The aftermath of the fatal accident on the outskirts of Arbroath last month.

A Fife biker has been left stunned after a legal loophole could force him to pay tens of thousands of pounds after a man died on the motorcycle he had sold him days before.

Paul Duffy could be liable for all insurance costs for the accident which claimed the life of banned driver James Bryson, despite having no link to it at all.

Mr Bryson bought Paul’s Kawasaki Ninja on August 13 but was not insured when he smashed into a Toyota Yaris near Arbroath seven days later.

But because Paul forgot to cancel his policy, his insurance firm MCE Insurance is liable for the crash and can claim the costs from him in court.

Paul, from Methil, warned all drivers to cancel their insurance “the second” they hand over registration documents for any vehicle they sell.

The 48-year-old, who is recovering from leukaemia and cares for his disabled wife, said: “Lawyers said that because Mr Bryson had died and had no insurance, they would be paying out on my policy.

“Because he chose to buy my motorcycle, I am, in the eyes of the law, giving him permission to ride the bike and I am in breach of my contract.

“So if I have any assets, MCE can take them from me to recover costs. I am effectively having to pay for an uninsured driver having a fatal accident.

“I have never broken the law. But I have been told this is the law, and I have no protection or rights.

“I honestly thought that once the bike was sold, it was no longer my responsibility. I feel this is something every law-abiding, insurance-paying person should be aware of.”

Mr Bryson, 28, from Dundee, was serving a four-year driving ban when he was killed. The father of one was treated at the scene, but couldn’t be saved.

He was jailed for six months for driving a friend’s car through Arbroath while being chased by three police vehicles and while nearly three times the drink-drive limit and was released from jail last month.

MCE Insurance, from Merseyside, refused to comment.