MCN

Q ‘Can I claim against idiot cyclist?’

- Visit www.bikelawyer.co.uk or email andrew@bikelawyer.co.uk or call 01446 794169 Andrew Campbell Solicitor and author of the MCN Law column for the last ten years Motorcycle Accident Solicitors

I was riding along the Finchley Road in London when a cyclist came out of a side road to my left without stopping. I did my best to not take him out but lost control and came off. I ended up crushing my ankle and am still on crutches. Although the cyclist did not stop (!) a witness caught up with him and called the police. He was arrested for failing to stop and the police have provided me with his details for a civil claim. The problem is: what if he has no money? Cyclists, unlike motorists, don’t need to have insurance.

Liam Barnes, London

A You are correct that it is compulsory for motorists to have insurance, at the very least third party liability cover. However it is not compulsory for cyclists to have insurance although there is a growing argument for such mandatory insurance. Some bodies do offer insurance for cyclists, these include as British Cycling which has 150,000 members and part of the membership is third party liability insurance cover. Therefore you should

‘You may be able to claim against his home policy’

make enquiries as to whether your opponent is a member of such a body. Many home contents insurance policies have legal expenses insurance which would include cover for negligent actions of the policy holder away from the home. Finally, you could pursue the cyclist personally but, as you have identified, he may not have the means to pay. An asset search could give you a better idea in this regard.

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