PhilDawson8270
Veteran
in the case of an uninsured car, the person out of pocket claims from the MIB.
In the case of an uninsured cyclist the car driver or their insurer sues them, the same way any one else gets sued over a civil debt. None of this is new or difficult to comprehend.
An insurance company wouldn't take a cyclist to court, they should, but won't.
They're highly unlikely to recover their cost, they won't even go to court to defend many diving incidents.
I rear ended a car several years ago, claim was settled. 6 months later a pietistical injury claim was put in for whiplash.
They claimed to have missed several weeks of work. Being their employer I had substantial evidence this was false, their shift schedules, CCTV footage, etc. The claim cane 2 weeks after they were dismissed.
The insurance company with evidence, refused to go to court as the costs to defend were higher than a settlement, and they would be unlikely to recover their costs from the claimant.
They will know that there's little chance of recovering the money so won't risk it.
Plus if a driver only has 3rd party cover, the insurance company will have nothing to do with the incident. The driver will need to do it themselves. At which point does paying out several hundred for court fees and enforcement fees become viable when there's still a chance you will receive no cash even if you win.
Which part do you not follow?