Forest Bike Accident Sparks Calls for Insurance Law Reform

Laura Swaine

Forest bike crash prompts calls for insurance reform

A cyclist who was eight hours from death after colliding with a Forest E-bike, has called for a change in the law to make E-bike hire companies have insurance to protect pedestrians and other road users.

Read video transcript

Presenter (ITV News):

But first, a cyclist who nearly died from a brain injury after being hit by an e-bike has called for a change in the law after being left unable to claim compensation.

Mohamed Ressum was using a cycle lane in Kingston when he collided with someone riding a Forest e-bike, hitting his head on the pavement. He later discovered the company — unlike other bike hire firms — does not have the kind of insurance that would compensate him for his injuries.

Reporter – Rags Martel (ITV News):

It’s changed the way we travel. E-bikes are easy, green and convenient.

But when you get on a bike, insurance cover is probably the last thing you think about.

For Mohamed Ressum, one ride changed his life.

Mohamed Ressum:

As you can see in the video, you could see me coming from that side.

In May, I was cycling in Kingston when I was hit by an oncoming rider on a Forest bike.

It was terrible. It was so painful.

I’ve got the scars here — when they did the surgery, it goes all the way around.

So, I had a craniotomy. I was bleeding in my brain. I broke my ribs and fractured my bone here.

Presenter (ITV News):

Despite colliding with a rider on a heavy Forest e-bike, the hire company says they’re not required to make any insurance payout to Muhammad.

Latifah (Mohamed’s partner):

That’s the worst thing about it. It’s the cherry on the cake to all the injuries he’s had.

And then, on top of that, there’s no insurance or anything that can help him.

He didn’t do anything wrong. He was riding his bike in the correct lane, at the correct speed — and then got hit by this person on a Forest bike that came out of nowhere and caused these really, really severe injuries.

He could have died from it.

Presenter:

Forest Bikes told us they do have public liability insurance — but it covers the bike only, not the person riding it.

The collision is now a legal dispute.

Laura Swain – Personal Injury Solicitor, Osbornes Law:

The biggest lesson for people, especially those who hire e-bikes, is that you are liable should you cause an accident and injure someone.

If the person who had hit him was a wealthy individual, we would have had recourse against that individual.

Reporter (to Mohamed):

If you were renting a bike again, would you think twice about hiring a Forest bike?

Mohamed Ressum:

Oh yes. I’d rent a Lime bike or a Santander bike.

Presenter (statement from Forest):

In a statement, Forest told us:

“We have comprehensive public liability insurance which covers incidents arising from a mechanical fault or failure of our bikes. Our focus is on maintaining our bikes to the highest possible safety standard.”

Presenter:

For Mohamed, recovery is slow — but it’s a journey, with Latifah by his side.

Reporter:

Rags Martel, ITV News.

The case was also reported by the Evening Standard.

Father of two left with life-changing injuries after Forest bike collision

Father of two Mohamed Ressum, 44, from Surbiton, Surrey, who needed emergency brain surgery after a Forest E-bike collided with him, was stunned when he was told that the hire company did not have Third Party Liability insurance – because, under the law, they are not required to.

This meant that builder Mohamed, who instructed our specialist Personal Injury Partner Laura Swaine, was unable to claim compensation for his injuries and loss of earnings, despite almost dying and not being able to work.

Laura is urging Forest to ‘do the right thing’ and agree a financial settlement with Mohamed.

He said: “Surgeons told me I was eight hours from death. This accident has changed my life forever. To make things even worse, Forest don’t provide Third Party Liability insurance and so the rider that hit me was uninsured”. How can that be allowed? It means I can’t get compensation from them even though I suffered terrible injuries and I cannot work.

“This is outrageous. There needs to be a change in the law around e-bikes to protect people who get hurt by these bikes. Nobody knows that if you are hit by a Forest bike then you are in serious trouble and won’t get any support. This company secured £13 million in funding earlier this year, yet they don’t have insurance that protects people and that is a disgrace. I have received no justice.”

Mohamed was riding along a two lane cycle lane in Surbiton in June this year when a boy riding a Forest E-bike came around the corner on the wrong side of the lane at speed and hit him. The crash was captured on CCTV.

Mohamed, who also suffered broken ribs in the crash, said: “I was hit really suddenly by the Forest bike and knocked over with force. I smashed my head and lay on the pavement for several minutes before anybody even came over to check on me. A police car stopped for one minute and the officers did nothing, not even checking if I was okay or if anybody was to blame.

“The pain in my head was excruciating but I was told to sit in A&E for hours. When I finally had a scan, a bleed on my brain was found and I was blue lighted to another hospital for surgery. Afterwards I was told I had been hours away from death.

“Before the accident I was easy going and now I am terrified of a lot of things like walking under trees or seeing a bike. I wake up with a headache like I have been drinking all night, suffer nightmares and I can’t work on building sites. It’s changed me completely.

“Bike hire companies should be compelled by law to have Third Party Liability insurance. This needs to change now as I don’t want anybody else to go through what I have suffered.”

No insurance protection for pedestrians or other road users

Under current UK law, e-bike hire companies such as Forest are not legally required to hold Third Party Liability insurance covering injuries to pedestrians, cyclists or other third parties caused by users of their bikes. While car drivers and rental e-scooter operators must carry insurance, e-bike hire schemes fall into a legal grey area, meaning victims of e-bike collisions are often left without compensation.

Laura Swaine, partner in our Personal Injury department, who represents Mohamed, said: “It is completely inconceivable that companies that hire out heavy E-bikes that move at speed do not have to take out Third Party Liability insurance but that is the unfortunate reality. The law needs to be changed to reflect the risk that the huge number of people riding hired E-bikes poses to unsuspecting members of the public”.

“People who suffer terrible life changing injuries like my client must be able to access fair compensation to reflect their loss and I would urge Forest to do the right thing and offer him a financial settlement to help him rebuild his life.”

How Osbornes Law can help after a Forest e-bike accident?

Our specialist cycling team fights tirelessly to hold companies accountable and secure fair compensations, while supporting injury victims every step of the way. If you’ve been hurt and need legal advice, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811