Brian Harris from Birmingham was out on his Norton Commando earlier this year and filtering at a sensible speed, probably 10mph or so, to get to the front of the queue at traffic lights. Suddenly a car pulled out of 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.” Says Brian.
“However the other driver did not have valid insurance at the time as he failed to renew it the week before. His insurers are refusing to compensate me stating he had no insurance.
Andrew Campbell, our MCN Law correspondent advises: “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 (as well as untraced drivers). You need to submit a claim on their application form. Unlike the Untraced Drivers’ Agreement (applies to diesel spills, hit and run accidents and so on) standard legal costs are paid by the MIB in uninsured cases.”
“The Uninsured Drivers' Agreement is full of pitfalls and deadlines. I recommend that you instruct a solicitor so he/she can handle your claim on your behalf as the MIB is happy to reject claims where its rules have not been complied with. You are entitled to claim for damages 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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