MIB Agreement Change Uncovered

Kieran Power - Musselburgh Cycling Club

Kieran was involved in a hit and run incident on his bicycle in June last year. He was cycling home from work on London Road in Edinburgh. The third party vehicle was travelling in the opposite direction and suddenly turned across his path in order to enter a side road. Kieran attempted to take evasive action, but was unable to avoid colliding with the car.

Astonishingly, the car then continued down Wishaw Terrace and drove away from the scene. This was despite the large dent in the passenger side door.

Officers from Police Scotland attended the scene and Kieran was taken by ambulance to hospital. The Police carried out investigations and looked through CCTV footage but were unable to trace the driver.

At the time of the collision, Kieran was riding his Bianchi Veloce Sempre bike (2014). The bike was written off at a cost of £2,000. Through British Cycling, Kieran was referred to their panel personal injury solicitors but was unhappy with their approach and attitude towards his case. Separately, he was recommended Cycle Law Scotland by his bike mechanic from Ace Bike Co in Musselburgh.

Kieran chose to pursue a claim with Cycle Law Scotland.

Our first port of call was to determine whether the Police had been in a position to identify the driver. When we discovered they had not, a claim was immediately referred to the Motor Insurance Bureau under the Untraced Drivers Agreement.

By October 2017, Kieran had been medically examined and an offer had been put forward to settle his claim. Unfortunately, the Motor Insurance Bureau had made no provision for Kieran’s damaged bicycle and kit. They stated “we cannot consider the property damage element of the claim as the offending vehicle has not been identified.”

What the MIB failed to take into account was that the Untraced Drivers Agreement had been amended in March 2017. Under Section 7(2), it now allows for property damage claims to be included where a claimant has sustained significant personal injury. The agreement describes this as (a) death, (b) 2 nights or more in hospital or (c) 3 sessions or more of hospital out-patient treatment.

Kieran had been attending physiotherapy following a referral from the hospital and therefore qualified under subsection (c).

Following lengthy discussions with the MIB, the claim for the damaged bicycle and kit were included and Kieran was delighted with the outcome. He had this to say; 

"Within a week of contacting CLS, the process was in motion to get me back up and running (not just with a insurance resolution route but with confidence to keep doing what Ive always done, cycled and raced my bike).

Despite being a small case because of the only approach being through the Motor Insurance Bureau independent panel (untraced driver), that didn’t matter to Jodi and CLS.

They wanted what was right for me and wouldn’t be fazed by MIB loopholes.

Quick, determined, professional and empathetic, exactly what you want in this situation.

This experience has turned a standard paperwork case into a positive experience that I will tell any cyclist I meet should they need support in the future.

My thanks doesn’t go far enough."


This case highlights the importance of instructing a solicitor who is not only a specialist in personal injury work but also in cycling incidents.

We understand the importance of your bicycle and the cost implications following a non-fault collision. We will therefore make sure we are up-to-date with any changes in the law and fight for your right to full compensation and recovery.

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