£200 compensation for cyclist hit by uninsured driver 'blinded by the sun'

Court hears how cyclist suffered broken wrist and sprained ankle

by Simon_MacMichael   June 28, 2011  

Gavel

A cyclist in Leicestershire who suffered a broken wrist and a sprained ankle when he was hit by an uninsured driver who claimed not to have seen him because the sun was in his eyes has been awarded £200 compensation by a court.

Robin Perry, aged 35, pleaded guilty at Harborough Magistrates’ Court last week to driving with no insurance and driving without due care and attention when the incident took lace in February, reports the Lutterworth Mail.

Speaking for the prosecution, Sukhjit Singh told the court that Perry had not given way to cyclist Stephen Whitmore who was riding along Welham Road in Harborough.

“In interview he said he has been turning right when he was hit by something yellow. He saw a person rolling around on the floor,” Mr Singh continued.

Representing himself, Perry claimed that with the sunlight blinding him when he was turning onto the road, he had no seen the cyclist.

“I should have taken more time in looking but the sun was coming down the hill and the cyclist was coming down the hill and I hit him.”

He also admitted to the court that he had no reason for not having taken out insurance.

Besides the £200 compensation he was ordered to pay Mt Whitmore, Perry was banned from driving for nine months, fined £335 and ordered to pay a £15 victim surcharge and £60 costs.

The Lutterworth Mail does not report whether the victim will be pursuing a civil claim for compensation against Mr Perry. Claims against uninsured drivers can be made to the Motor Insurers Bureau an insurance industry body set up to deal with such claims. Roughly £30 from each motor insurance policy sold in the UK goes to the MIB as a levy to cover claims against uninsured drivers. The usual first step is to establish the identity of the driver and to present evidence that the incident took place, both criteria should be satisfied by this court case.

7 user comments

Oldest firstNewest firstBest rated

That guy really should've got a better personal injury brief.

Same happened to me and my buddy on a dual carriageway, hit by a motorist 'distracted by bright sunlight'

Although no conviction for the motorist, my cycle buddy had his Spesh taco'd and my Dawes ended up in a ditch. Concussion and cuts/grazes ensued, followed some months later by hefty injury compensation.

That aside, the driver should've had the book thrown at him - if he'd beaten the victim up with his bare hands, he'd have been facing a custodial for bodily harm (grievous or actual) whereas he's done it with a metal box he KNEW to be illegally driven and he's just been slapped on the wrist for being 'careless'

andylul's picture

posted by andylul [412 posts]
28th June 2011 - 10:07

3 Likes

It's true what they say - if you want to kill someone in this country, use a car as your weapon, odds are you'll get off.

Buddha said:

Believe nothing, No matter where you read it,
Or who has said it, Not even if I have said it,
Unless it agrees with your own reason
And your own common sense.

mad_scot_rider's picture

posted by mad_scot_rider [555 posts]
28th June 2011 - 10:40

3 Likes

Ahh, this is the criminal prosecution no? IIRC next course of action is a civil case to follow separately - that should net greater compensation in addition to what the judge ordered here.

posted by IHphoto [105 posts]
28th June 2011 - 11:23

2 Likes

The uninsured driver thing's resulted in the latest change (yet to come in I think) - if a car's kept off-road it must be SORN'd, if it's not SORN'd it must be insured. Automatic fine if you don't. There'll be some sort of grace period I expect - I had the motorbike off-road some years ago, kept meaning to SORN it but forgot, the day after I got my act together I got a 50 quid fine through the post ! That *was* after about 6 months tho'..

posted by JonD [190 posts]
28th June 2011 - 13:56

3 Likes

Driving without insurance is a major problem and growing. The Police usually seize any vehicle - on the spot - where the driver can't prove insurance - subsequently, if the documents are not produced within 7 days, and the storage costs paid, the vehicle is crushed. Thats too soft - the offender merely trots off and gets insured - the vehicle should be crushed as a matter of course and without appeal.

posted by amazon22 [155 posts]
28th June 2011 - 22:12

3 Likes

Perhaps persistent offenders should be strapped into the vehicle before crushing, problem sorted.

antonio

antonio's picture

posted by antonio [964 posts]
29th June 2011 - 7:45

4 Likes

If the guy is uninsured, there's every chance he'd just declare himself bankrupt rather than pay a hefty personal injury settlement.

posted by AleT [52 posts]
29th June 2011 - 14:49

3 Likes