A pedestrian caused my cycling accident, can I claim compensation?

I was cycling in Cardiff when a pedestrian ran out into the road causing me to lose control. I managed to swerve and not hit the boy but in doing so I fell off my bike. I fractured my arm and have been unable to work since the accident. A witness took the boy’s contact details in case I wished to pursue a claim for compensation. He was only young and I am worried that he will not have the money to compensate me. Am I likely to be able to pursue a claim?

Answer

Whilst your accident was caused by a pedestrian as opposed to a vehicle and there is therefore no motor insurer to pursue, this does mean that you will necessarily be unsuccessful in recovering compensation.

You should ascertain whether or not the person responsible for your accident is a home owner. If so, many home contents insurance policies have legal expenses insurance attached which would include cover for negligent actions of the policy holder away from the home. I note that you refer to the pedestrian as a ‘boy’, if he lives at home with his parents he could still be indemnified under the terms of their home contents policy which generally covers all household members.

Finally, you could seek to pursue the pedestrian personally but as you have correctly pointed out he may not have the means to pay your claim and legal costs. An asset search could give you an insight into his ability to pay compensation and legal costs.