Sometimes a cyclist collides with a pedestrian, or another cyclist. Where that bike collision has been caused by the other person, there is likely to be a good claim for compensation.
These claims will usually depend on whether or not the other person is insured and if not, whether they have the financial means to pay any successful claim and the legal fees. It is of little use making a successful claim if, at the end of it, you receive no compensation for your injuries and losses. This question will not usually arise in relation to claims against motorists as they are required by law to have insurance covering them. If they are not insured, the Motor Insurers Bureau (MIB) will usually deal with the claim as an insurer of last resort. The MIB only deals with claims involving motor vehicles. They will not deal with claims against pedestrians or cyclists.
Insurance which covers a claim made against you is different from insurance covering you for legal costs of any claim made by you against another person.
Many cyclists will have insurance which provides cover for claims made against them if they cause injury or loss to another person. Basic membership of both the Cyclists Touring Club (CTC) and British Cycling Federation gives this cover (called ‘third party liability cover’), subject to some exceptions.
Even if there is no cover by this route, most people have household insurance which covers them (and, usually, anyone else living in their household – e.g. a child, spouse or adult offspring) for public liability. This insurance gives third party cover and will usually cover both cyclists and pedestrians for claims made against them when walking or cycling, and not just claims connected to their house. The actual terms of the insurance policy will set out what it covers but most people don’t even realise that they have this cover until it is explained to them. So there is a reasonable chance that, one way or another, the person who caused your accident may have some form of insurance.
If the person who caused your accident is not insured, then you will have to consider whether or not they would have the financial means to pay any judgment against them. Factors such as whether they are employed, or whether they own their own house will give an indication of this.
If you have any queries or wish to discuss an incident or a collision with us, we are here to help.
We pride ourselves on our very high success rate with all bike claims handled by an experienced solicitor who is a keen cyclist and motorcycle rider.
Alyson France & Co – Specialist Solicitors for Personal Injury and Accident Claims. No Win No Fee. Personal Injury, Motorcycle and Bike Accident Claims.
Authorised and Regulated by the Solicitors Regulation Authority No. 287787
