I was in a hit and run

I had an accident when I crashed my beloved Ducati Diavel because I was forced off the road by someone who then fled the scene. I had pretty bad left leg injuries and damage to my bike and leathers so I filed a claim with the Motor Insurers’ Bureau. However they have rejected my claim. They said that just because the driver didn’t stop doesn’t mean he was negligent in causing my accident. He swerved into my lane causing me to take avoiding action – surely that is enough?

Steve Williams, by e-mail

Answer

The government body, MIB, compensates victims of negligent untraced drivers. To succeed with a claim you have to persuade the MIB that you sustained injury caused by or arising out of the negligent use of a motor vehicle on a road or other public place.

As long as you can establish negligence on the part of the untraced driver you should be fine and your claim should be accepted. The MIB is correct that the fact the driver left the scene is not evidence of negligence in causing the accident. However, if you were established in your lane you were clearly there to be seen so the driver either did not look or did not look properly and undertook the manoeuvre when it was not safe to do so.

I suggest you ask a solicitor to look at the file because there is a 6-week deadline to appeal the rejection.