CYCLISTS SHOULD BE AWARE ABOUT INSURANCE SAY SCOTT REES

SOLICITORS representing a Lancashire cyclist who was prepared to risk his home to fight for compensation after being injured in an accident that was not his fault said regular cyclists should be aware of the need for insurance.

Personal injury solicitor Simon Shaw said his client David Greaves from Blackpool, had no insurance when a moped collided with him on a roundabout leaving him with a fractured arm and a badly damaged bicycle.

Mr Greaves pursued the case and eventually won when it got to court but risked having to pay significant costs after the defendant made a counter claim against him.

Mr Shaw, a Partner at personal injury specialists Scott Rees & Co Solicitors based in Skelmersdale, Lancashire, said: "There is no compulsory requirement on cyclists to have insurance but when they are involved in accidents, they can find themselves in a difficult situation.

"Mr Greaves was able to pursue a claim against the rider of the moped using No Win No Fee; when the moped rider then made a counter claim against him for the injuries he had also sustained however, there was no insurance policy to protect Mr Greaves if he had lost the dispute and had to pay the moped rider's damages.

"Mr Greaves had the strength of his convictions to pursue the case to court which found in his favour however it would been a lot simpler if an insurance policy had been in place and he would not have had to put his own assets at risk.

"Now that people are being encouraged to use their bicycles because of environmental and health reasons and also possibly because of rising petrol costs I think this is something more people should be aware of in case they too are involved in an accident."

Mr Greaves, from Marton in Blackpool, was awarded £9,000 in damages to compensate for his injuries, damage to his bicycle and loss of earnings.

Mr Shaw, who has more than 15 years of experience in the personal injury sector, said the Government's planned changes to No Win No Fee would make it less likely for such cases to be pursued at all.

Under the Ministry of Justice's Legal Aid Sentencing and Punishment of Offenders' Bill which is going through the committee stage in the House of Commons, No Win No Fee agreements, also known as Conditional Fee Agreements will not exist in their current format.

Claimant's ability to recover insurance premiums which are part of No Win No Fee as well as their own solicitor's success fee from the losing defendant, will no longer be possible. Instead, these costs will have to be paid out of any final award for damages and damages will be increased by 10 per cent to accommodate this.

Mr Shaw added: "If the Government changes the way No Win No Fee operates then cases like these are less likely to be pursued if costs have to be deducted from their compensation.Individuals who have sustained injuries, been forced to take time off work and have suffered damage to their property may simply find that there is no viable route for them to seek justice and compensation."

Notes to Editors

• Simon Shaw, picture attached, is a Partner at Scott Rees & Co Solicitors with specialist expertise in handling complex road traffic accident claims.
• Scott Rees & Co employs more than 280 members of staff at Centaur House, Gardiners Place, Skelmersdale, Lancashire. www.scottrees.co.uk
• Scott Rees & Co is a leading firm of multi-disciplinary solicitors providing essential legal services for individuals and businesses including fast and efficient claims handling expertise with proven accident management and uninsured loss recovery solutions. The firm also specialises in claims for catastrophic injuries. Scott Rees also offers services in wills and probate.
• For media information about Scott Rees & Co Solicitors contact Julie Hackett or Paula Holden at ICG on 01772 679383, Julie@icgonline.co.uk or paula@icgonline.co.uk

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