Accident with a cyclist: who pays?

I was riding my scooter home when a cyclist pulled out of a junction without stopping. There was nothing I could do to avoid the impact and we both came off. I had a bad shoulder break as well as some other minor injuries, and am still unable to work as a kitchen fitter.

I think the cyclist is being prosecuted for dangerous cycling and the police have given me his details in case I want to make a claim.  My worry is what if he doesn’t have the money to pay compensation? I don’t think cyclists have to.

 Andy Roberts, by e-mail

Answer

You are right that, unlike motorists, who must have at least third party liability cover, cyclists don’t need to have any insurance.  That said, some cyclist organisations do offer insurance for cyclists, like British Cycling, which has over 165,000 members, and includes third party liability insurance cover with membership.

You should investigate whether the cyclist is a member of such an organisation. If not, it is common for home contents insurance policies to have legal expenses insurance attached, which can include cover for negligent acts of the policy holder, even away from the home.

You could pursue the cyclist personally, but as you point out, he may not have the money to pay your compensation and legal costs. An asset search would give you a good idea of his ability to pay. You should instruct a specialist solicitor to investigate your claim.