Legal advisers could be left with a negligence claim if they do not refer a client to the Criminal Injuries Compensation Authority (Cica), it has been warned.

The allegations could be made against solicitors if Cica is not approached following a failure to recoup compensation from other sources, reports Solicitors Journal.

Andrew Campbell, head of the motorcycle law unit at Withy King, tells the publication that he has been warned in the past of the need to refer clients to the authority.

He gives the example of a motorcyclist who was left with multiple injuries after colliding with a drunk cyclist, who later died.

"The biker's insurance company appointed solicitors to recover compensation but, after investigations, found that the cyclist's estate was penniless," Mr Campbell explains.

"They subsequently dropped the claim without considering the possibility of an application to Cica."

Mr Campbell argues that the motorcyclist could now stand to make a claim of professional negligence as there was "more than a fanciful prospect of success" if a request had been made for compensation from the authority.

This is typified by a likelihood in excess of 15 to 25 per cent, he asserts, with the amount paid out determined in accordance with the chance of a payment being awarded.

If Cica is approached and compensation awarded, the funds are drawn from those contributed by the taxpayer.

Cica was established in 1964 and has since awarded more than £3 billion of taxpayers' money to claimants.