Van driver punched me but won’t pay
I was riding along when this moron in a van punched me on the helmet through the van’s window then tried to run me off the road. I managed to keep control of my bike and followed the van, who then tried to ram me off the road again, this time knocking me off. The perpetrator fled the scene as passers-by called for an ambulance. He was later tracked down by the police thanks to CCTV. He has been prosecuted and unbelievably got just a Community Order. But his insurers refuse to pay my claim on the basis they won’t indemnify him for his criminal behaviour. Are they right? Anonymous, Croydon It may be the case that the insurer is seeking to argue the policy excludes deliberate criminal acts. However, the Road Traffic Act 1988 says that compulsory third party insurance must provide cover for injuries or death (whether caused deliberately or not). The fact the incident happened on the highway and he was insured means his insurer will be paying up. Whether they seek their outlay from him is up to them.
Had the incident not been on a public road then you could have either sued him personally or a claim could be submitted to the Criminal Injuries Compensation Authority (CICA) as this would count as a crime of violence for which this Government body compensates. More compensation will be achieved in the civil claim against the insurer/defendant because CICA works on a tariff basis and isn’t too generous.
‘The driver tried to ram me off the road, knocking me off my bike’