Can I claim against MIB for accident with cyclist?

I read your legal column on pursuing a claim, via the Motor Insurers’ Bureau (MIB) against an untraced driver. Would the same apply if the person that caused me to fall from my horse was a cyclist as opposed to a car driver?
Harry, Email

Answer

Unfortunately not, in the event the cyclist remained untraced you would be unable to pursue a claim for compensation via the MIB.

If you use a motor vehicle on a road, or in a public place, it is a legal requirement to have a minimum of third party insurance. If you are injured by a motorist and he/she fails to stop and remains untraced or is uninsured, you are entitled to pursue a claim via the MIB.

Sadly, it is not compulsory for cyclists to have insurance and, because a bicycle is not a motor vehicle, the MIB is not responsible for injuries caused by uninsured or untraced cyclists.

However, with an increasing number of cyclists on the road, there is a growing argument for such mandatory insurance. Also, whilst not a legal requirement, a growing number of cyclists do benefit from insurance.

If you are injured as a result of a cyclist, and you know his/her identity, you should therefore make enquiries as to whether he/she has such insurance. A home contents policy will often cover its policy holder for negligent acts that occur outside the home. Alternatively, you could pursue the cyclist personally but this would be dependant on him/her having the means to pay your claim and legal costs.