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A cyclist hit my car: can I claim, and who pays? (UK)
Cyclists can be at fault in a road collision just as any other road user. If a cyclist hit your car, this guide explains your options, the challenges of claiming against an uninsured cyclist, and how to protect your position.
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A cyclist hit my car: can I claim, and who pays? (UK)
Most people think of cyclists as vulnerable road users who are always the victim in a collision with a car. That is often true, but cyclists can be at fault too. A cyclist who runs a red light, fails to give way, rides at speed on a pavement and collides with a pedestrian, or loses control and hits a parked or moving car, can be held liable for the damage they cause.
The challenge for the car driver is practical rather than legal: cyclists are not required to hold motor insurance, and many do not hold any insurance at all. This guide explains the legal position, the routes to compensation, and the steps to take at the scene to protect your claim.
Cyclists' duty of care
Every road user - including cyclists - owes a duty of care to other road users under English tort law. The standard is that of a reasonable and competent cyclist, riding with due care and attention, observing traffic signals and give-way rules, and exercising appropriate control of their bicycle. A cyclist who breaches that standard and causes loss to another road user is civilly liable.
The Road Traffic Act 1988 imposes specific duties on cyclists analogous to those on motorists: section 36 requires compliance with traffic signals, and careless or dangerous cycling is an offence under section 28 (dangerous cycling) or section 29 (careless cycling). A cyclist prosecuted for careless cycling has committed an act that is also negligent in the civil sense.
The Highway Code contains rules applying specifically to cyclists - Rules 59-82 - covering use of cycle lanes, signalling, helmet use, and behaviour at junctions and traffic lights. Failure to follow these rules is not automatic negligence but is evidence of falling below the standard expected of a reasonable cyclist.
DETAIL
03
Section 3 of the walkthrough.
The insurance gap: the core practical problem
Motor vehicle insurance is compulsory under the Road Traffic Act 1988. Cycling insurance is voluntary. The Motor Insurers' Bureau - which handles claims arising from uninsured and untraced motor vehicles - does not extend to cyclists. There is no equivalent of the MIB for uninsured cyclists.
This means that if a cyclist who caused damage to your car has no personal liability insurance (which covers negligence in everyday activities), there is no insurer to pursue. You would need to sue the cyclist personally - which is possible but may produce a judgment that is difficult to enforce if the cyclist has no significant assets.
Some cyclists do hold personal liability insurance, either as a standalone policy or as part of a home contents or household policy. British Cycling and Cycling UK offer personal liability insurance as a benefit of membership. Asking the cyclist whether they have any form of personal liability cover at the scene is worthwhile, without being confrontational about it.
Some cycling clubs and organisations include public liability insurance as part of membership. If the cyclist is part of a cycling club (identifiable from their clothing or kit), tracing the club and inquiring about its liability insurance is a further avenue.
What to do at the scene
Check on the cyclist first. Whatever the circumstances, a cyclist in a collision with a car is more vulnerable to injury. Call 999 if anyone is injured. Ensure the scene is made as safe as possible.
Exchange details with the cyclist. Under section 170 of the Road Traffic Act 1988 the exchange-of-details duty applies to drivers of motor vehicles, not cyclists. However, a cyclist who causes damage has a common-law obligation to identify themselves to enable a civil claim to be brought. Ask for the cyclist's name, address, phone number and email. Note their bicycle details (make, colour, any distinguishing marks).
Photograph everything. The positions of both the vehicle and the bicycle, the damage to your car, any damage to the bicycle, the road layout, traffic signals if relevant, and any marks on the road. If the cyclist ran a red light, this may be shown by dashcam or CCTV.
Identify witnesses. Pedestrians and other drivers at the scene are often willing to give details. An independent witness confirming that the cyclist ran a red light or was cycling on the wrong side of the road is valuable.
Report to the police if there is injury or if the cyclist refuses to give their details. A police report gives you the only official record of the incident.
Routes to compensation
If the cyclist has personal liability insurance, a claim is made against that policy. The insurer handles the claim in the normal way, the same as a motor liability claim.
If the cyclist has no insurance and declines to pay voluntarily, the route is a county court claim against the cyclist personally. Small claims track applies to claims up to £10,000, keeping costs proportionate. A county court judgment against an individual can be enforced through attachment of earnings, a charging order on property, or through a high court enforcement officer for higher-value judgments.
Your own comprehensive motor insurance may cover the damage, though this typically involves payment of an excess and may affect no-claims bonus. Whether this is preferable to pursuing the cyclist depends on the extent of the damage and the practical prospects of recovery.
Where your vehicle was stationary (parked car struck by a cyclist) and you have no comprehensive cover, the personal claim route is the only option for uninsured cyclists. Document the damage thoroughly and obtain repair estimates promptly to support the claim.
Take action
If you have just been in a non-fault collision, the fastest way to protect your claim is to open the file with us inside the first hour. We dispatch recovery, lodge the relevant CCTV requests inside the retention window, and notify the third-party insurer for you.
We do not provide legal advice. This article is general guidance for UK drivers. Personal injury enquiries are referred only with your consent to authorised legal or regulated partners. Specific limits, retention windows and process steps may change; the position at the date of any individual collision will govern the handling of that claim.
Frequently asked questions
- Can the MIB help if the cyclist had no insurance?
- No. The Motor Insurers' Bureau covers uninsured and untraced motor vehicles as defined by the Road Traffic Act. Bicycles are not motor vehicles and cyclists are outside the MIB's scope.
- What if the cyclist was a delivery rider for a food app?
- Commercial cyclists working for a platform (Deliveroo, Uber Eats, JustEat) may be covered by the platform's insurance or the operator's public liability insurance. Ask for the rider's employer or platform details at the scene and pursue the platform's insurer.
- What if the cyclist is a child?
- A child under 18 can be held liable in negligence, but enforcement against a minor is practically difficult. In many cases a parent or carer may have responsibility if they were present and failed to supervise. The claim would run against the parent's household liability insurance if any exists.
- Should I claim through my own insurer?
- If you have comprehensive cover and the damage is significant, claiming through your own insurer provides certainty of payment even if the cyclist is uninsured. The downside is your excess and potential no-claims impact. For smaller damage amounts, direct negotiation with the cyclist or a small claims court action may be more cost-effective.
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