Question:

Dear Elaine,

6 weeks ago my son was cycling home from school when he was knocked off his bicycle. He was lucky that he had a helmet on him. The man cycling behind him who witnessed the accident stopped to help and called the Gardai. My son was taken to hospital by ambulance and sustained cuts and bruises to his leg, should and face. I am furious as the car that hit him did not stop, the Gardai are investigating but I feel they are unlikely to catch the driver. My son has been left with a scar on his face. He hasn’t been back on his bike since the accident and is very nervous around cars. Can my son take a claim if the Gardai don’t find the driver?

B.B

Answer:

I am very sorry to hear of your sons accident. Cyclists are one of the most vulnerable road users and unfortunately accidents involving cyclists are rising year on year. Should the Gardai not locate the driver, the MIBI (Motor Insurers Bureau of Ireland) compensates* victims who have been involved in accidents with unidentified or uninsured drivers. I am assuming your son is under the age of 18 and therefore must take a personal injury claim through a ‘Next Friend’ which is usually a parent or guardian. The ‘Next Friend’ can act on behalf of the minor and make an application through the Injuries Board for compensation*. A good solicitor will provide you with the best possible advice on how to move forward with your sons claim*. Please feel free to call me at any time for a no obligation consultation.

Elaine Corcoran
Corcoran & Company Solicitors