Accident with cyclist - Seeking advice
- Thread starter VincentHanna
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Fight it. I bet his solicitors are unaware that you have forward and rearward facing camera footage of the accident (and 'aftermath'). I'm fairly sure once they view it they'll NOT want it to go to court.
I'm a cyclist and was knocked off in 2014 by a guy who didn't give way at an island, usual 'didn't see you' excuse. Very apologetic at the time, yet when I contacted him later he refused to speak to me, reluctantly giving me his insurance details. They where cagey at first yet when I gave them the police accident report number and said I wasn't seeking PI where very happy to pay out. They tried to ask me how the damage to their clients car would be paid, yet when the only report of the accident they had was mine (backed up by a police report) they admitted reluctantly he was at fault, even when he hadn't reported it to them or the Police. The Police sided with me as he hadn't reported it - saying if there was any issues with his insurance to let them know. Thankfully I didn't need to.
Dealing with his insurers I had to supply receipts for everything damaged to determine value, then the approximate value of a like for like replacement for my bike 'with upgraded components'. Total came to around £600 but really feel I could've got loads more if I'd stretched the truth slightly (I just wanted things resolved). My other half works in Insurance and said Insurance companies have a value they'll happily write off in RTC's like this (providing there's nothing PI related) just to get the claim closed and cleared up the easiest & quickest way. It's probably several thousands. With PI involved it might explain their £25k value.
Once PI is involved obviously costs are huge and that's what they'll spend their time doing/fighting as there's more money in it!
If you can get it to court you have several arguments regarding his unlawful use of the highway amongst other things like windmilling. You've really nothing to lose (other than time) by pushing for it.
I'm a cyclist and was knocked off in 2014 by a guy who didn't give way at an island, usual 'didn't see you' excuse. Very apologetic at the time, yet when I contacted him later he refused to speak to me, reluctantly giving me his insurance details. They where cagey at first yet when I gave them the police accident report number and said I wasn't seeking PI where very happy to pay out. They tried to ask me how the damage to their clients car would be paid, yet when the only report of the accident they had was mine (backed up by a police report) they admitted reluctantly he was at fault, even when he hadn't reported it to them or the Police. The Police sided with me as he hadn't reported it - saying if there was any issues with his insurance to let them know. Thankfully I didn't need to.
Dealing with his insurers I had to supply receipts for everything damaged to determine value, then the approximate value of a like for like replacement for my bike 'with upgraded components'. Total came to around £600 but really feel I could've got loads more if I'd stretched the truth slightly (I just wanted things resolved). My other half works in Insurance and said Insurance companies have a value they'll happily write off in RTC's like this (providing there's nothing PI related) just to get the claim closed and cleared up the easiest & quickest way. It's probably several thousands. With PI involved it might explain their £25k value.
Once PI is involved obviously costs are huge and that's what they'll spend their time doing/fighting as there's more money in it!
If you can get it to court you have several arguments regarding his unlawful use of the highway amongst other things like windmilling. You've really nothing to lose (other than time) by pushing for it.
Fight it?
I doubt the OP can afford to take this to court. If your inferring that the the OP should demand that the insurance take it to court, I don't think it works like that either. The insurance work for themselves I don't think YOU can instruct the insurance to do anything and I doubt any of us really want that to happen either. Could you imagine all the court cases and the increase in costs because people can't admit when they are wrong. I had a guy open his car door on me. He apologised said he didn't see me. Then told the insurance that his door was already open and I drove into it. The damage started part way down the side of my car so that couldn't have been the case. Settled 50:50 especially as the cars were cheap to write off and no PI.
I think the best you can do is put your side to the insurance and then let their legal team work out what is worth fighting for, for the best result/cost to their business
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Basically that.
I've not got the time, nor money to hire a lawyer to fight this. Insurance companies have a seperate personal injury department and they already told me that if it went to court they would get 90%/10% liability.
I've not got the time, nor money to hire a lawyer to fight this. Insurance companies have a seperate personal injury department and they already told me that if it went to court they would get 90%/10% liability.
It's best just to write it off as a life lesson with a good video for posterity.
As a driver, we're viewed (rightly, mostly) as being in control of a lethal weapon when it comes to non-motorists. We're expected to make sure we don't put ourselves in any position where we could hurt someone. Even idiots.
Even if your car was stopped and he hit you from the side I'd still put money on him winning the claim.
As a driver, we're viewed (rightly, mostly) as being in control of a lethal weapon when it comes to non-motorists. We're expected to make sure we don't put ourselves in any position where we could hurt someone. Even idiots.
Even if your car was stopped and he hit you from the side I'd still put money on him winning the claim.
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I dunno, in the scenario above my insurers did say that would be a non fault claim.
No real monetary consequence when found to be at fault. No punitive incentive to change your ways.
Rightly or wrongly the rules are completely stacked against car drivers. It has been for a long the duty of a car driver to spot anything anyone else may be doing incorrectly and adjust accordingly.
Undertaking cyclist whilst turning left? You must spot them. Turning right and overtaking cyclist? You must spot them. Cyclist weaving round cars at lights whilst everyone is about to move off? Must let the cyclist weave through before moving off. Cyclist hopping off the pavement right in front of you? You must pre-empt that and slow down. Cyclist going through a red light right in front of you and crossing your path (usually left turns for cyclists)? You must predict it and slow down.
Fortunately over time you do learn to predict it all. I'd hate to be a HGV driver.
95/100 cyclists are fine but 5% doing silly things is unfortunately a very high number. Motorcyclists and car drivers doing silly things is a far smaller percentage, although you do encounter more cars than cyclists so volume wise I'm not sure which I'd say is more common.
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A dislocated shoulder and trip to A&E is consequence. Just because he wasn't fined, it doesn't mean he suffered no consequences.
Just to balance out the idiot cyclists and idiot drivers thing, I cycle home through stop / start 5mph traffic and today stopped to let 3 drivers know they hadn't put their lights. That's 2 up from yesterday. All have thanked me for doing so, so that's nice. I guess as cars have DRLs now and permanently lit dashboards a lot of people don't realise. They can see the dials, they can see light reflected off the car in front.. so lights must be on?
You won't always get the blame if they jump a light and go in to you. Saw it happen in Cambridge once, the cyclist needed an ambulance pretty badly, but the police still blamed him for light jumping (also had headphones in).
But yea, it's stacked against the driver by default. It's no wonder that people some don't stop, they don't want to play the injury claim game.
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The problem is the op was moving at the point of collision, I know it's very tempting in that situation but you must look in the direction you are going.
I wonder, if the op had moved further forward originally and totally blocked the footpath he would have been ok.
The cyclist was taking a chance which from his point of view was not worth the risk. However, I have been out running and gone across the front of a car and it started moving. I was well annoyed.
I wonder, if the op had moved further forward originally and totally blocked the footpath he would have been ok.
The cyclist was taking a chance which from his point of view was not worth the risk. However, I have been out running and gone across the front of a car and it started moving. I was well annoyed.
People can't be expected to have common sense sadly. Would be interesting to treat the lack of common sense like natural selection and see how much of the population is still around this time next year.
Man of Honour
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Even as a pedestrian I wouldn't be able to tell if a car engine was running unless it was an old banger.
Even my old Ford Mondeo is virtually silent if you're not revving it so you've got no chance of hearing a car engine if you're on a bike.
You could make an assumption that if a car is by some kind of junction the engine is probably running.
Used to drive a VWT3 diesel.
Sounded like an old tugboat, but really caught out pedestrians etc. Being rear engined I was always a car length closer to them than they were expecting...
Soldato
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If your a pedestrian and a car is blocking or partially blocking the pavement you should engage the driver before walking in front.
Eye contact, whatever, whilst you have right of way on pavements there are many times when being in the right will still get you killed.
I bet there are loads of people in heaven (assuming it exists) going but but I was in the right. Makes little difference when your dead.
Cyclist was in the wrong, driver was in the wrong. Cyclist by definition of being the squishier gets looked at in general as the more protected party.
Wonder if the OP has seen the guy since, if hes doing that as a regular commute you would expect their paths to cross again, so to speak!
When I was a kid w found that sturdy sticks did a very good job of stopping cyclists peddling and turning them into exocet missiles
OP should go out and wait in his drive when he sees the cyclist coming he should jump out right in front of him, and cause a collission
Eye contact, whatever, whilst you have right of way on pavements there are many times when being in the right will still get you killed.
I bet there are loads of people in heaven (assuming it exists) going but but I was in the right. Makes little difference when your dead.
Cyclist was in the wrong, driver was in the wrong. Cyclist by definition of being the squishier gets looked at in general as the more protected party.
Wonder if the OP has seen the guy since, if hes doing that as a regular commute you would expect their paths to cross again, so to speak!
When I was a kid w found that sturdy sticks did a very good job of stopping cyclists peddling and turning them into exocet missiles
OP should go out and wait in his drive when he sees the cyclist coming he should jump out right in front of him, and cause a collission
If that's the case he should do something to prevent him speeding down the pavement like that again. Maybe an "overgrown" plant or just leave the wheely bin in the way
Or yea, walk out in front of him and take a dive for 25k lol
Soldato
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If that's the case he should do something to prevent him speeding down the pavement like that again. Maybe an "overgrown" plant or just leave the wheely bin in the way
Or yea, walk out in front of him and take a dive for 25k lol
Wheely bin is a good one nowadays yeah, wheely bin full of rubbish vs speeding cyclist, ouch