White Dalton’s specialist motoring solicitor Andrew Prendergast guides readers through their legal trials and troubles…
Question: Last month I had finished trail riding with a few local lads (and one lady) and was just crawling back via the petrol station to jet wash the mud off the enduro and refill it (only halfway though, as it’s got a long-range tank and blooming heavy if brimmed). I was doing no more than 20mph. I went to pass a chap on one of those homemade electric bicycles when he just hooked a right without looking or signalling. I need to stress he did this directly in front of me and I had absolutely no chance of avoiding him. I hit him harder than I hit an all you can eat buffet (which will give you an idea of my mass) and he hit the deck, quickly followed by me. I won’t bore you with all my injuries but will say I’m not going back to work as a gardener anytime soon. It turns out the ball bag on the bicycle is not some yobbo, but a dentist who thought it would be ok to zoom to work on it. The police have other ideas and he’s now getting done for various road traffic offences (it turns out his electric bicycle was illegal i.e. it was too powerful and had a twist grip). I’ve been online and it appears I’m screwed in bringing a claim as won’t have been insured. Is that right?
Answer: You may well be screwed as bicycles don’t need compulsory insurance unlike motorcycles and cars etc. However, I have used the word “may” because I suspect you may have some other avenues open to you. Firstly, if we presume you would win on liability if it went to trial, the next question is how you are actually going to get your money. If for example, you had hit an 18-year-old lad who lived with his Nan and had no assets and no job etc., I may well advise that you shouldn’t waste your money in pursuing him through the courts because he’s a “man of straw” with no money to pay you, even if you got a court order against him. However, in this case, we know he’s a dentist. So, we need you (or your solicitor) need to do some digging around. For example, he may have bicycle insurance. Or he may have house insurance etc. that may cover him for this. Alternatively, if he has no insurance, he may have the savings to pay you; or you may be able to get “attachment of earnings” order so he has to pay you off monthly from his wages. Alternatively, he may have a house you could ultimately get an order against forcing him to sell it and pay you. At this stage, it is hard to know which way it will go and whilst your case is more problematic than a “normal” road traffic collision with a car etc., if I were a betting man, I suspect you are going to get some money out of a dentist.
