Q&A - I was knocked off my bike by an uninsured driver. How can I get compensation?

Q:    Last year I took up cycling. I got myself kitted out with a brand-new road bike, a new helmet and a GPS, but when I was out cycling one day a red Mercedes started tailgating me. The driver pulled out to overtake but did not leave enough room and hit me, knocking me off my bike. The driver raced away and left me lying in the road. The Police have traced the driver and it transpires he had no insurance. He is being prosecuted for driving without due care and driving without insurance, but where does that leave me?

I suffered a broken pelvis and broken elbow, and my confidence is so shattered that I do not feel I can ever cycle again. My bicycle was crushed in the accident and my GPS was not recovered from the scene. Together, those items cost me nearly £4,000, so the accident has left me substantially out of pocket. How can I make a compensation claim when the driver has no insurance?

A:    Fear not, there is a route to compensation! You can make a claim via the MIB, (Motor Insurers’ Bureau). The MIB is a private company set up by the Government, which compensates victims of accidents caused by uninsured and untraced drivers. The MIB’s funds come from law-abiding motorists’ insurance premiums. You should make a claim immediately. Once your claim is submitted, the MIB will investigate.

The MIB is likely to obtain a copy of the Police report. Compensation is only payable where some fault can be established by a 3rd party. From the information provided, this should not be an issue, particularly if the driver is convicted, as this will evidence that his driving was negligent.  

The MIB will pay compensation for your pain and suffering, vehicle damage and lost personal items. You should contact a local no win no fee solicitor to have a chat about making a claim.

Article 22/03/2021

This question has been answered by Claire Parfitt, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  In accordance with government guidelines, most of our lawyers are currently working remotely which means you may not now receive a response as promptly as you may expect. Please kindly bear with us and we will respond as soon as we are able.

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Claire Parfitt

Claire Parfitt

Solicitor

Solicitor within our Civil Litigation team in Wrexham and Oswestry

Robert Williams

Robert Williams

Partner

Partner and Head of the Civil Litigation, Personal Injury and Dispute Resolution team in Wrexham