Does no insurance policy mean no pay-out?

I was hit by someone with no insurance, what can I do?

I came off my vintage Norton Commando. I was filtering at a sensible speed, probably 10mph or so, to get to the front of the queue at traffic lights. The car suddenly pulled out the queue to turn right but didn’t indicate or check it was safe to do so. Fortunately I was not badly injured with just wrist sprains, bruising and a sore neck, which still isn’t right. But there is damage to my leathers and the bike which I want to claim for. However, the other driver did not have valid insurance cover as he failed to renew it the week before, and his insurers are refusing to compensate me. Is there anything I can do?

Brian Harris, Birmingham

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Answered by Andrew Campbell, Solicitor and author of the MCN Law column.

You have a couple of options open to you. If the car driver has the means to pay then you can sue him personally through the small claims court. However, if he does not then you do not need to sue the uninsured driver directly. The Motor Insurers’ Bureau (MIB), a government body, compensates people injured by uninsured drivers. You need to submit a claim via their application form.

The Uninsured Drivers’ Agreement is full of pitfalls and deadlines. I recommend that you instruct a solicitor so he/she can handle your claim as the MIB is happy to reject claims where its rules have not been complied with. You are entitled to claim for pain, suffering and loss of amenity in addition to damages to compensate you for your financial losses.

Another reason for using a solicitor is to deal with inevitable arguments from the MIB that you were partly to blame due to you filtering. An experienced motorcycle accident solicitor knows how to deal with such arguments.

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