If the collision or loss arises out of use of a vehicle intended or adapted for use on roads which turns out to be uninsured OR the driver/rider flees the scene, life gets complicated.
If the collision has involved an uninsured motor vehicle the Motor Insurers Bureau is ‘the insurer of last resort’. If the erring driver and their vehicle cannot be traced, the MIB is there as the safety net.
If as a legal cyclist you are injured by an e-bike or e-scooter rider who flees, what avenues to injury compensation are there?
A legal e-bike does not fall within the MIB’s definition of a vehicle, so all conventional avenues are closed. IF there was any evidence that the e-bike was outside the definition of a legal EPAC, then it falls within the definition of vehicle (moped) and the MIB may be liable. How on earth does the victim prove the negative? CCTV showing manner of progress or make/model? Witnesses? (An e-bike cruising uphill with little or no pedal input is unlikely to be legal). The Police ought to be interested,
Were the rider to do the decent thing and remain at the scene, establish name and address and record a description. Next, are they insured under a Home & Contents or Bike Policy? If not, then it’s just possible the victim may have Uninsured Judgement Cover under their own Policy, but this is technical and a proper lawyer is needed.
E-scooters. Currently, anything NOT under a local authority hire scheme is illegal and technically a moped so compulsorily insurable. The route is then to the MIB, uninsured if the rider hangs around to give name and address, untraced if they disappear.
22% of all reported E-scooter collisions involve injury to another party, but the suspicion is that most E-scooter collisions are NOT reported. Again, the Police should take an interest.