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The report in the Leicester Mercury on the 13th May 2018 of the unfortunate chap, Mr Stephen Hind who suffered a fractured shoulder when he was knocked over by a cyclist, highlights a problem which Bray & Bray are consulted about on a fairly regular basis.  That involves the problem of being injured by somebody who is uninsured.

We all know that having motor insurance is compulsory.  Employers are also required by law to have employers’ liability insurance.  Hence, if you are injured by a negligent motorist or through the negligence of your employer or a fellow employee there should be a policy of insurance to compensate you.

Uninsured routes to compensation

However, there are many accidents where people are injured, often seriously and in some cases fatally, where there is no route to compensation because of lack of insurance.  The case of Mr Hind is a prime example.  Whilst there is a chance of him receiving compensation he would first of all need to be able to identify the cyclist and then pursue him to judgment.  If that judgment was not paid then there might be a possibility of recovering compensation from an insurance policy the cyclist may have to cover his liability to others, or even through Mr Hind’s own insurers if he has a policy that includes a reverse indemnity clause.

When insurance is not compulsory

It is not just cyclists who sometimes cause injury through their negligence.  There are other circumstances where lack of insurance may mean no route to compensation for the innocent party who has been injured.  Victims of dog attacks and those injured by mobility scooters are other examples where insurance is not compulsory and often the victims of such attacks or negligently ridden mobility scooters have to live with their injuries without any compensation for them.

Claiming compensation when injured by the uninsured

Mr Hind contacted our specialist personal injury solicitors to see if he could make a claim.  Like him, if you have any doubt as to whether you may be able to claim compensation even if you were injured by a cyclist, attacked by a dog or struck by a mobility scooter please contact Ian Johnson on iwjohnson@braybray.co.uk or telephone 0116 254 8871.