Those nasty insurance companies are at it again… In January 2001, Provident Insurance threatened a negligence claim against the parents of 12-year-old Darren Coombs because Darren, then nine, was not wearing a helmet and was not supervised by an adult when he was hit by a car while riding his bike. The company was forced to back down when bombarded with furious protests from cyclists, parents and legal experts who cancelled Provident policies, staged demonstrations outside its Bradford HQ and offered free legal advice to the Coombs family.

The issue then was that the accident was entirely the motorist’’s fault, but the insurance company attempted to reduce their own liability by shifting some of the responsibility onto the victim. And now another insurance company is trying the same trick.

Alan Millet from Walsall was struck by a car entering a roundabout on the A41 in Walsall in March 1999. He suffered serious head injuries, a broken collar bone and severe bruising in the crash. The driver’s insurance company, NIG, has reduced its out of court offer of £100,000 by 15 per cent claiming contributory negligence because Millett, 63, was not wearing a helmet. The company claims that failure to wear a cycle helmet is as irresponsible as ignoring seatbelt, motorbike helmet and drink driving laws. Even though there is no legal requirement to wear a bike helmet and there is a legal requirement for motorists to look where they’re going.

The CTC, who masterminded the protests against Provident Insurance in the Coombs case, have stepped into the breach once again. CTC Director Kevin Mayne said: “This is a case of the big man bullying the little man. NIG is trying it on not because it believes its stance is right but because it knows cyclists don’t have the money to fight this type of case in court.”

“Cases like this are crucial to the future of cycling in the UK. Insurers regularly make spurious claims of contributory negligence and, if we allow NIG to succeed, insurers will continue to duck responsibility for clients’ incompetence. NIG’s claim is scandalous and must be dropped. Otherwise, clients will withdraw custom from a business whose practices are unjust and morally reprehensible.”

After the Coombs case, the CTC set up a Cyclists’’ Defence Fund to protect and improve cyclists’ rights in law. There’s a fair amount of money in that fund, but legal costs being what they are there isn’t enough to fight Millett’s case. The CTC is appealing to anyone concerned with road safety to dig into their pockets to help.

You can make a donation by sending a cheque made payable to CTC Cyclists’ Defence Fund to CTC, 69 Meadrow, Godalming, Surrey GU7 3HS. To set up a regular contribution or join the Cyclists’ Defence Network, CTC’s network of legal and expert witnesses willing to support the work of the Fund, call 0870 873 0060 or email [email protected].

Or to make a difference for just the price of a stamp (or less), send your comments directly to NIG. Perhaps you have a policy with the company, and having seen the way they treat cyclists, would rather not. Their address is: Mr P Bunker, Managing Director, NIG, Crown House, 145 City Road, London EC1V 1LP, call 020 7656 6000 or email [email protected]. Or you can email NIG by visiting the contacts page on their website.