Can I claim against a bicycle rider?

I was riding along a main road when a cyclist came out of a side road to my left without stopping at the junction. I did my best to avoid him out but lost control and came off myself. I ended up with some leg and arm injuries and I am still recovering. Although the cyclist did not stop, a bystander followed him and called the police.  He is being prosecuted for failing to stop at the scene of an accident and the police have given me his details to claim against him. What happens if he doesn’t have any money because cyclists don’t have to have insurance?

Ryan Williams, Swansea

Answer

While motorists must have at least third party liability cover it is not compulsory for cyclists to have insurance. Some cyclist organisations do offer insurance for cyclists like British Cycling which has 145,000 members and part of the membership is third party liability insurance cover. You should look into whether the cyclist is a member of such an organisation.

Otherwise, many home contents insurance policies have legal expenses insurance attached which would include cover for negligent actions of the policy holder away from the home.

Finally, you could pursue the cyclist personally but you are correct that he may not have the means to pay your claim and legal costs. An asset search could give you a better idea of his ability to pay compensation and costs. You should instruct a solicitor to look into all of this for you.