My Bicycle damaged a car in an RTA- where does the liability lie?

Viper² · 19 May 2008 at 16:00

Their insurance should pay up.

snail1 · 19 May 2008 at 16:04

Burnsy2023 said:
Good to keep in mind, but I don't think this is necessary. From what has been said, the liability doesn't stand with the OP.

Burnsy

True, but if action is taken against the OP then having informed his insurance company in advance will help. I spoke to my insurance company when I was in a similar situation and they were very helpful. Also, if solicitors do get involved then having the insurance company on board may help. Just don't admit fault.

Raymond Lin · 19 May 2008 at 16:05

Part 20 Counter Claim for your injuries and damage to your bike, then speak to them saying that you won't pursue your counter claim if they drop theirs.

JBuk · 19 May 2008 at 16:11

if it happened exactly as described then its their fault

i cant believe they have the cheek to ask you for anything

should have got police there to write it up and then you should have claimed off their insurance for injuries and damage to your bike

Raymond Lin · 19 May 2008 at 16:12

Let me tell you that should they start a claim against you and you lose, you will have to foot the £110 bill and their legal bill.

Sometimes its cheaper to pay it and get rid of it, principles come at a price.

Admiral Huddy · 19 May 2008 at 16:13

Burnsy2023 said:
Good to keep in mind, but I don't think this is necessary. From what has been said, the liability doesn't stand with the OP.

Burnsy

This is true but they can act on his behalf at no cost.

platypus · 19 May 2008 at 16:14

Raymond Lin said:
Let me tell you that should they start a claim against you and you lose, you will have to foot the £110 bill and their legal bill.

Sometimes its cheaper to pay it and get rid of it, principles come at a price.

Given the facts, how would he be found liable?

platypus · 19 May 2008 at 16:14

Burnsy2023 said:
Good to keep in mind, but I don't think this is necessary. From what has been said, the liability doesn't stand with the OP.

Burnsy

To re-iterate what people have said, and why I said I'd call my lawyer and insurance company at the scene of the accident - get things on record as soon as possible.

Raymond Lin · 19 May 2008 at 16:15

platypus said:
Given the facts, how would he be found liable?

I said "Should".

Dolph · 19 May 2008 at 16:18

If you hit a stationary vehicle in a car, you're held liable, I see no reason why cyclists shouldn't be held to the same standards.

Samtheman1k · 19 May 2008 at 16:18

Put in a claim to their insurance company for damage to your bike.

Viper² · 19 May 2008 at 16:18

Raymond Lin said:
I said "Should".

But he won't lose, so what you said is irrelevant.

m4cc45 · 19 May 2008 at 16:21

Wouldn't pay it to be honest.

I'd perhaps call the local police station and explain the situation and see what they say. As another has said if they don't report it then they're the ones in trouble.

I'd also suggest that the £110 is a made up figure and one that they want out of you. Chances are it will go no further other than a few threatening phone calls.

Just seems too fishy for me!

M.

Werewolf · 19 May 2008 at 16:21

Burnsy2023 said:
Were the police involved? If the driver didn't report the RTC to the police within 24 hours, he/she isn't meeting their obligations under the Road Traffic Act.

Not only does it look like they are driving without due care and attention, but you should talk to their insurance company about any damages for your bike etc.

Burnsy

Actually that is a very good point, assuming the op was hurt in any way in the incident I believe it is a legal obligation for the driver to report it to the police (as I understand it if no one is injured it can be sorted out without the police being notified).

Raymond Lin · 19 May 2008 at 16:21

Viper² said:
But he won't lose, so what you said is irrelevant.

Are you 100% certain?

Hxc · 19 May 2008 at 16:22

Dolph said:
If you hit a stationary vehicle in a car, you're held liable, I see no reason why cyclists shouldn't be held to the same standards.

If someone overtakes you, slams on the brakes and you do not have the space to stop, you are not.

Raymond Lin · 19 May 2008 at 16:25

Hxc said:
If someone overtakes you, slams on the brakes and you do not have the space to stop, you are not.

That is call contributary negligence, the case would probably go to a split, 50/50 or 70/30 etc depending on the situation.

Dolph · 19 May 2008 at 16:25

Hxc said:
If someone overtakes you, slams on the brakes and you do not have the space to stop, you are not.

Which is the OP's version of events, not the car drivers

Also if the above situation happened because you could stop but didn't (which the OP's comments could be interpreted as), then as above, you're liable, or it'll go 50/50.

Cambofrog · 19 May 2008 at 16:26

If you have no witness you are probably knackered, especially as you ran in to the back of the vehicle. I believe you when you say you were not at fault, but without a witness, and if you take it to court, it may be assumed that you were at fault

We were involved in an accident a while back when a "small" lorry drove out of a side road at a junction in to the side of us.

The company involved initially denied responsibility and it was going to court, untill we mentioned the independant witness we had.

They paid out of court soon afterwards

JBuk · 19 May 2008 at 16:34

Dolph said:
If you hit a stationary vehicle in a car, you're held liable, I see no reason why cyclists shouldn't be held to the same standards..

this happened to my sisters friend, some boy racers were mucking about and were all over the road then they slammed the brakes on in front of her and she didnt have to time to react

she phoned the police and not only were the boy racers liable but i believe they were also charged with dangerous driving