Van driver punched me but won’t pay

Motorcycle News (UK) - - Garage -

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’

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