Imagine the scenario
You are walking down the street. A car mounts the pavement and hits you causing serious injury. You see a solicitor to claim compensation for your injuries and financial losses. If you prove the car driver was negligent (highly likely unless it was unavoidable for him to mount the pavement!) you will be compensated. Who pays will vary on whether the vehicle was insured as is compulsory under English law but even if the driver was uninsured compensation is payable by the Motor Insurers’ Bureau. You will not be out of pocket although you will be injured.
Instead, imagine the alternative scenario
You are walking down the street. A mobility scooter driven along the pavement knocks you over causing serious injury. You go to see a solicitor to claim compensation for your injuries and financial losses. If you prove the rider of the mobility scooter was negligent (likely if they simply ran you down on the pavement) you may never be compensated! This is because it is not compulsory by law to carry insurance for a mobility scooter. If you prove your claim then the rider of the scooter is liable but if they do not have the means to pay you will be left with nothing.
Over the years I have been consulted by a number of people who have been involved in accidents with mobility scooters. Some have been fairly minor injuries but some very serious and unfortunately in at least one instance people have died as a result of being struck by a mobility scooter. In nearly all cases no claim is pursued because of the uncertainty as to whether the Defendant mobility scooter rider has the means to pay compensation. Once or twice the household insurance policy of the mobility scooter rider has included liability cover which has met the claim but in most cases the innocent injured party goes uncompensated.
There have been calls for many years to make it compulsory to insure mobility scooters but nothing has been done yet.
However, that may be about to change. Look out for my next article on why…
Contact our Personal Injury Team
Bray & Bray have three main offices across Leicestershire, feel free to phone or pop in to talk to our solicitors about serious injury claims.