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Uninsured Drivers and Compensation Claims
I acted for a client recently who was knocked off his pedal bike by an uninsured van driver but was still able to claim from the Motor Insurers' Bureau after taking advice from us.
My client was wearing appropriate clothing, with cycling trousers, hi visibility jacket and a helmet when he was hit by a van driving across a mini roundabout. He was hit with such force that he came off the bike, landed on the bonnet of the van and then rolled off.
A local resident heard the collision and called the police and an ambulance, he later became the witness who turned the claim in favour of the cyclist.
With motorbike, cycle and pedestrian accidents, it is always so important that you obtain details of any witnesses so that evidence may be obtained at a later date. Not only in relation to how the accident occurred, but most importantly as in this case, where vehicles were following the accident.
Our client suffered numerous injuries, most significant of which was a posterior dislocation of the right shoulder, which can cause more damage than a normal dislocation. Fortunately a good recovery was made following physiotherapy, although he continued to suffer pain for some time.
The van driver was asked to produce documents at the police station, which he was unable to do and was prosecuted for driving without insurance, this is not uncommon in today’s financial climate. Unfortunately he was not prosecuted for his driving standards.
An application was made to the Motor Insurers' Bureau (MIB) under the Uninsured Drivers Agreement, including compensation for the pain, suffering and assistance the cyclist had endured and required during his recovery, along with the cost of a replacement bike, clothing and most importantly a new helmet.
This is where the MIB comes in to compensate victims of uninsured or untraced drivers following road traffic accidents involving the driver or rider of a motorized vehicle or bike. The MIB is funded by all insurers who put money into a fund in order to compensate victims.
The statement from the local resident was crucial in this case as it confirmed where the Defendant’s van was located on the roundabout following the collision, before it was moved prior to the arrival of the police. This did not alter the opinion on liability, although it was essential to the overall result of this cyclists claim.
Just prior to issue of legal proceedings, the Motor Insurers' Bureau admitted that the accident was likely to have been caused by the uninsured van driver, medical evidence was obtained to confirm the cyclists injuries and details of losses set out, including all the care that was provided in the days and weeks following the injury.
Following negotiation, a settlement was reached with the MIB to pay £11,000.00 compensation for the injuries and losses.