Accident!!

[GaryC]

Hi!

I had an accident this afternoon. We were approaching the carpark exit when a ****** cyclist came out from the pedestrian way and hit me!!

After waiting for the carpark gate to open, I approached the carpark exit to the road preparing to turn left with no gas given. (Gate and carpark exit is only 4 yards) I've already left some more space to the left side (by turning a bit towards right before turning left) as there are many parked cars on the road. I can't see clearly if there are cars coming on the road so I didn't give any gas, then all of a sudden, a f**king cyclist just came out of the pedestrian way with a speed that could kill a pedestrian! I've already stopped the car when seeing him, but not him! He couldn't stop because he's so ****** fast so he bumped into my left front wheel and his whole body fell forward and hit my bonnet. When he fell to the ground, he nearly teared away my star!!

I quickly got off the car with my friend to check if my car's alright. We were ready to fight / take revenge. The cyclist's not hurt. He's actually quite frightened as he knew he's the one who's wrong! He shouldn't cycle on the pedestrian! Apart from the twisted star, my car's okay. And I could actually see the trail from where he fell forward to how he landed on the ground as there's a layer of dust on my bonnet. :wink: Luckily, he's not wearing jeans or those with buttons sticking out. Or else, the trail will become a line of scratches!

My question is: Are there any laws protecting those cyclists or pedestrians if they damaged our cars? As they don't pay insurance, don't have license plate, we can't make them pay the damaged cost back to us on the scene (or it will become robbery?!) Who'll claim back the cost for us then? If I call the police if it involve damaged car caused BY CYCLISTS OR PEDESTRIANS but no injuries, will the police bother?

 

[dieselman]

Surely you or your insurance company could persue them for the value of the claim.
Just because they are not insured doesn't mean they cannot be held liable.
This is what you pay uninsured loss recovery for.

 

[Mike Buley]

Hello Gary,
The Police attend RTA'S only if there is an injury, allegations (ie drink driving or people beating seven bells out of each other, which is covered by the public order act!) or if the road is blocked.

The cyclist would not be covered by insurance so it would be your insurance that would have to foot the bill. It is damn frustrating I know. :roll:

There are certain things that can be done to cyclists that break the sound barrier, one of which is to report them for summons for

"FURIOUS AND WANTON CYCLING"

Hope it helps a bit,
Regards,
Mike.

 

[paulrstaylor]

If there is damage, you can claim against the cyclist if he carries insurance to ride his bike or not. Wether the police are interested or not, if you can get his details you can bring a cliam in your local small claims court.

You could claim against your car insurance if you are fully comp, and indeed your insurance company will probably try to recover costs, if they feel that it is worthwhile. If you don?t complain about paying your excess and loosing your NCB they probably won?t. Call me a cynic but I guess the increase in your premium if you loose your NCB is worth more to them than they could hope to recover from the cyclist.

As another point to note your home contents insurance often covers public liability, so if he has such a policy, and you brought a claim against him, he could potentially claim against that for the damage caused to your car.

Also if you have an car accident and the other driver has no insurance, or the other driver can not be traced, and you are not to blame you could bring a claim under the terms of the Motor Insurers Bureau (Website)

In any case seek legal advice from a reputable firm of solicitors.

 

[GaryC]

Hello,

Many thanks for your's reply!!! Fortunately, the car have not damage, or scratch, but just want to know what happen if it has damage....

I suggest that, New law should be enact, to force all the cyclist to have a number plate and have the third party insurance, also the road tax!!!! :evil: They are also the road user who share the traffic light!

In fact, pesdestrian got killed has been happen before... :x


Anyway, Many thanks!!

Gary!

 

[jaques2k]

Accidents

Heh, I was in exactly the same accident for some months ago, luckily it wasn´t my Mercedes I was driving then, it was an -88 Honda Accord, so I didn´t got all upset about it. If it had been my Mercedes, I would for sure have checked out my car properly for bumps and scratches. For me the cyclist did see me in about 40 meters away, but expected me somehow to back off, though he had plenty of space going around the car. He then instead of braking, hit me with full speed, and fell off the bike, and got mad at me for not reversing. Stupidity, and I certainly told him so too!

 

[njpumphrey]

Just to add to the above. If the cyclist is a member of the CTC (Cycling touring and campaigning or something like that) then they should be covered by third party insurance (although I don't know if riding on the pavement would invalidate their policy).

 

[duncanda]

I remember reading an article a few months ago in a broadsheet newspaper, that was warning motorists that the EU is looking at EU legislation to force motor insurance companies to add a premium to driver's insurance to provide cover for cyclists having accidents with cars. Yes, drivers will pay extra to cover accidents with cyclists!!! This was deemed easier to do than getting cyclists to take out insurance, because you don't need to register a bicycle. There was no time on when this may/will be introduced. Although I do own a bicycle, what annoys me are the cyclists who cycle along the pavement or go through red lights. But that's another thread.

David