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Road claim question: when a motorist becomes a pedestrian

by Conrad Murray — last modified 2006-12-20 10:37

Some time ago a colleague of mine collided with a cyclist in heavy fog. He got out of his car to see if the cyclist was OK and was run over by another motorist who didn’t stop. Neither he nor the cyclist got the other driver registration number and he got nothing having been off work for several months. Although my firm has legal cover (as I discovered when I had an accident recently), my colleague was told it didn’t cover him in these circumstances. Why? TP, Norwich

The roadside lawyer writes:

YOUR FIRM presumably has legal expenses cover for its vehicles any driver injured in a road traffic accident whilst using them.  If he had been injured as a result of the accident with the cyclist, he would have been covered but when he was run over, he was a pedestrian.

This should not have prevented him from bringing a claim against the other driver via the Motor Insurers Bureau on the Untraced Driver Agreement and if the accident was less than three years ago, he may still be in time to do so.  Your colleague needs to let us know (by calling us on 0800 066 99 07) whether the police were informed and if the cyclist be able to give witness evidence.

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