A motorcyclist who was found to be blameless after hitting and killing a boy of 12 playing chicken in a road is claiming compensation for his injuries.
If Mr Young's case is successful CICA could face a flood of claims
Antony Young, 37, of Chipping Sodbury, South Gloucestershire, lodged his claim with the Criminal Injuries Compensation Authority (CICA).
His lawyers argue the boy committed a "violent act" by running into the road.
If the claim is successful the CICA could face claims from people seriously hurt because of "negligence" by others.
Andrew Campbell, a personal injury lawyer representing Mr Young, said he believed it was the first time a person had attempted to claim compensation from the CICA for injuries sustained as a result of an accident in which the "guilty" party had died.
Mr Young had been riding his motorcycle along the A4174 dual carriageway in Longwell Green, near Bristol, when the accident happened.
Robert Davis and a group of boys had been daring each other to run across the busy road on 8 April 2006.
He had started to run across the carriageway as a van approached, but failed to spot it was being overtaken by the Suzuki.
Mr Young was unable to avoid colliding with the child, and the bike hit him full in the chest.
Robert died from multiple injuries three days later.
The biker, who was riding at less than 50mph in a 70mph zone, suffered six broken ribs, a punctured lung, a bruised heart, a shoulder injury and ongoing psychological trauma as a result of the accident.
At Robert's inquest in August a verdict of accidental death was recorded by coroner Brian Whitehouse who said he was "completely satisfied that no blame whatsoever" could be attributed to the motorcyclist.
Mr Young was initially told he could not pursue a claim for compensation because he could not sue a dead person.
But his lawyers believe they can now argue that Robert was "negligent" in his actions because he knowingly took a risk, which ultimately left the biker seriously injured.
They will claim Robert's actions amounted to violence and Mr Young can be compensated as a victim of a violent crime.
Robert's family were unavailable for comment.
The CICA receive around 65,000 applications for compensation each year and pay out nearly £200 million annually.