Run off the road
Question
I had an accident when I lost control of my Fireblade because some moron ran me off the road and fled the scene. I had whiplash injuries, a broken collar bone and damaged my bike and leathers. I put a claim into the MIB because I had read something you wrote about it. They have come back to me saying they reject the claim on the basis that just because the driver didn’t stop doesn’t mean the driver was negligent in causing my accident. He swerved into my lane causing me to take avoidance action! What do you suggest I do?
Dave Birt, Suffolk, by e-mail
Answer
The government body, MIB, will compensate victims of negligent uninsured and untraced drivers. In order to succeed with such a claim you have to persuade the MIB that you sustained injury as a result of the negligence caused by or arising out of the use of a motor vehicle on a road or other public place. The “user” can be a driver, employer or principal on whose behalf the vehicle was being driven. “Road” is defined in the Road Traffic Act 1988 as “any highway and any other road to which the public has access”. “Highway” includes a public bridleway or a public footpath.
So as long as you can establish negligence on the part of the driver you should be fine. 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.
You may want to get a solicitor to look at the papers as there is a 6 week deadline to appeal the rejection.
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