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Occasionally a cyclist will collide with a pedestrian,
or indeed another cyclist, where the collision is the
other person’s fault. Where this happens, the
actual law is no different than if the collision had
been caused by a motorist: if the other person has
been negligent, then you will have a valid claim for
compensation.
However, where these claims differ is in whether or
not that other person is insured, or if not, has the
financial means to pay any successful claim and legal
fees arising. 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, and for those who have no such cover the Motor
Insurers Bureau (MIB) will deal with the claim in lieu
of an insurer. However, the MIB only deals with claims
involving motor vehicles. They will not deal with claims
against pedestrians or cyclists.
People often get confused over the insurance position
for legal claims: 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 hold insurance which covers them
for claims made against them for their own negligence
which causes 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
brought in recently, which excludes cover for the rider
when competing in The League International (TLI) and
League of Veteran Racing Cyclists (LVRC) events.
Even if there is no cover by this route, the vast
majority of people hold 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 will 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.
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