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Title: Accident caused by object in the road - who can I claim from?

Date: 11 October 2012

Claim for hitting number plate in the road

Question

I had accident  on the 26/8/12 i was travelling along the a449 to Cardiff when i hit a number plate in the middle of the road causing me to lose control of bike resulting in me coming of my bike. all though my insurance company are pay for the damage to my bike i am have to pay the excess they will not make a claim against the owner of said number plate so with with me having to buy a new crash helmet and some new trousers although i damaged my coat it is still wearable and having to pay the excess. they say because the accident was my fault they won`t lend me a loan bike and having to wait until the 23 of October for the parts for bike to be repair i feel hard dome by as i have pay out £470 and i still waiting for my bike to be repaired.

Bwindmill, MCN Forum

Answer

I am sorry to hear about your accident. The insurer of the car registered to the number plate should compensate you. The MIB (Untraced Drivers' Agreement 2003) will pick up the tab for injuries and some financial losses but not for property damage unless you were sustained what they deem to be a "significant injury" - they define this as requiring 4 consecutive days inpatient treatment in hospital as a result of the accident. I suggest you speak to a lawyer to establish the extent of damage - to you and bike and property - and to see how best to pursue this.

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