Accident with cyclist - Seeking advice

VincentHanna · 17 Oct 2017 at 11:30

So you think I should state that I or my insurance company would be looking to recover the costs from him?

I suppose I better get clarification from my insurance company first. I would imagine that if they ultimately put me at fault then it's difficult for me to go after him legally anyway

LiE · 17 Oct 2017 at 11:30

Semple said:
This is part of the reason why insurance premiums are so high, because no one can be bothered to defend their case.

You get chancers like this cyclist, who's clearly in the wrong will now just claim for PI.

Hasn't his insurance company already stated that the car is at fault?

kindai · 17 Oct 2017 at 11:31

VincentHanna said:
This is my draft reply.

"Please forward your cycling insurance details as I have been advised that after reviewing the dashcam footage and inspecting the damage to my car I will need to recover the cost of repair to the vehicle from your side"

VincentHanna · 17 Oct 2017 at 11:32

LiE said:
Hasn't his insurance company already stated that the car is at fault?

Provisionally and "in general" but I am speaking to somebody else later on after they have reviewed the footage.

They haven't actually nailed it on yet.

Nasher · 17 Oct 2017 at 11:32

VincentHanna said:
So you think I should state that I or my insurance company would be looking to recover the costs from him?

I suppose I better get clarification from my insurance company first. I would imagine that if they ultimately put me at fault then it's difficult for me to go after him legally anyway

I think you need to instruct them to recover the costs. That is what the legal cover is for afaik. Don't send anything more to him directly.

If he has no insurance then he is screwed if they decide he has any blame, even 50/50 hes looking at over £630.

Semple · 17 Oct 2017 at 11:36

VincentHanna said:
Provisionally and "in general" but I am speaking to somebody else later on after they have reviewed the footage.

They haven't actually nailed it on yet.

If your insurance company deem you at fault, then i think you'll struggle to convince them to claim any portion of the repair costs back from the cyclist.

There's no point then mentioning the potential cost of repair to the cyclist, he won't care if it's £10, or £100,000.

VincentHanna · 17 Oct 2017 at 11:39

Nasher said:
I think you need to instruct them to recover the costs. That is what the legal cover is for afaik. Don't send anything more to him directly.

If he has no insurance then he is screwed if they decide he has any blame, even 50/50 hes looking at over £630.

I don't have 'Motor Legal Protection' as that was an extra that I didn't take out

Nasher · 17 Oct 2017 at 11:40

Always tick that option. Otherwise your wide open to being sued for lots of money if an accident is your fault. Including any damaged property (lamp posts, barriers etc) :/

MooMoo444 · 17 Oct 2017 at 11:41

Whoops. Legal costs are massive. That's one option I'd never take out.

Dr Who · 17 Oct 2017 at 11:42

Rilot said:
So no ignorance of road traffic law at all then as everyone in this thread is saying it's an offense, and an offense it is. However the police choose to approach it doesn't change the fact that cycling on the pavement is an offence.

But loads of people saying the driver is liable...

The footage needs to be sent to the Police with a possible prosecution to back up his insurance case.

Semple · 17 Oct 2017 at 11:43

Nasher said:
if an accident is your fault :/

Or even if not your fault

, as you'd hope this case would be.

kindai · 17 Oct 2017 at 11:46

Looking at the picture and at the video, even though he is visible to the dashcam for longer (as the dashcam is higher up and further forward) realistically you would have only been able to see him once his front wheel passed the wheelie bin, which would have meant you had maybe 0.75 seconds at best, probably closer to 0.5 seconds given the speeds he is doing.

Now pulling out of that junction, I imagine you saw a gap, looked left to check if anything was potentially coming the other way to be aware of, looked back right to make sure the gap was fine and started your maneuver.

I think you will need to be very firm with your insurance company and mention this, and insist he was cycling dangerously and you want them to refute the claim.

VincentHanna · 17 Oct 2017 at 11:48

kindai said:
Looking at the picture and at the video, even though he is visible to the dashcam for longer (as the dashcam is higher up and further forward) realistically you would have only been able to see him once his front wheel passed the wheelie bin, which would have meant you had maybe 0.75 seconds at best, probably closer to 0.5 seconds given the speeds he is doing.

Now pulling out of that junction, I imagine you saw a gap, looked left to check if anything was potentially coming the other way to be aware of, looked back right to make sure the gap was fine and started your maneuver.

I think you will need to be very firm with your insurance company and mention this, and insist he was cycling dangerously and you want them to refute the claim.

Exactly this. The dashcam is mounted right next to my rear view mirror, so is considerably further forward than where my eyes would be.

Stringy · 17 Oct 2017 at 11:49

This doesn't make sense, the cyclist was breaking the law and cycled into a car. The cyclist is now going to look to get compensation for his injuries? I'll be shocked and disappointed if the insurance company pay out given the clear evidence that they were on the pavement.

Maundie · 17 Oct 2017 at 12:03

Have you got legal protection on your house insurance?

VincentHanna · 17 Oct 2017 at 12:12

Don't think so. It's rented so contents only.

robj20 · 17 Oct 2017 at 12:12

Nasher said:
Always tick that option. Otherwise your wide open to being sued for lots of money if an accident is your fault. Including any damaged property (lamp posts, barriers etc) :/

That's not what its for at all.

Bear · 17 Oct 2017 at 12:22

crinkleshoes said:
Lol motorist ignorance... I used to have to drive in London often and the number of cyclist who abused the roads and did really silly things that could have got themselves hurt far exceeded the number of bad drivers... and there were plenty of bad drivers.

I dont know what that has to do with the price of fish, what you stated does not negate what I wrote one iota. In fact it has nothing to do with what I said.

I will say it again, if you are riding a shared path with pedestrians, and if you are riding more than 18mph, you are advised not to ride on the shared path as you pose a danger to pedestrians. Drivers that are angry that cyclists not using such paths and using the road at such speeds are doing so from a position of ignorance of the rules

crinkleshoes · 17 Oct 2017 at 12:29

Bear said:
I dont know what that has to do with the price of fish, what you stated does not negate what I wrote one iota.

An ignorant cyclist complaining about ignorant motorists...

Bear · 17 Oct 2017 at 12:33

crinkleshoes said:
An ignorant cyclist complaining about ignorant motorists...

What is ignorant about me being a cyclist? I'm not moaning about motorists from a position about not understanding the rules. I'm also a motorist, just not a juvenile that buys into all the partisan BS.

Accident with cyclist - Seeking advice

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