Frank was involved in a cycling accident on the morning of Sunday 1st May 2016.
At the time, he was cycling with his Uncle having come from his parent’s house.
As he cycled along Market Street in Musselburgh, he was passing a line of parked cars when a driver suddenly opened his car door right in front of him. He was knocked off his bike and fractured his right clavicle.
Unfortunately, Frank did not get any details of the driver or the car involved. He was in shock at the time and did not believe he was badly injured.
Once the significance of his injuries came to light, he contacted Cycle Law Scotland to see if there was anything that could be done.
We informed him that he would have to claim against the Motor Insurers’ Bureau (MIB) under their Untraced Drivers’ Agreement. CLS informed Frank that The Motor Insurers' Bureau steps in to help people involved in road accidents where the normal routes to compensation might not exist or it is impossible to trace the driver.
The MIB carried out investigations into the accident circumstances and admitted the driver was at fault for opening his car door into Frank’s path. A medical report was obtained to detail the injuries and an offer of £4,500 was put forward.
CLS’s Jodi Gordon, an experienced Solicitor in this field, negotiated an increase on Frank’s behalf and the case settled for £6,225.
Under the MIB Untraced Drivers’ Agreement, it is not possible to claim for property damage. Frank was therefore only compensated for his injuries.
Had he been in a position to obtain the registration number of the vehicle responsible, a claim could have been intimated directly against the insurance company covering that vehicle and Frank could have claimed for the damage to his bicycle as well as his injuries.
Frank was delighted and said,“Thank you for all your help and assistance over the last eight months. It has been greatly appreciated.”