Can a mororists insurance company claim against me?

Mister W

I think the insurance company are trying it on. Take some legal advice and deny everything.

And don't ride on the pavement again :x

tiny_pens

I don't understand how he can claim for damages when you were clearly "Walking" along on the pavement pushing your bicycle.....

Anyone who sayes different will have to prove it. Why would you be on the pavement otherwise?

MICHAELCYCLES

If he's accepting 50% of the blame buy a pair of £1200 wheels for your bike and submit a bill for 50% = £600.

Sounds like a winner to me!

ktaylor

I had an "incident" on my bike earlier in the year. I hit a parked pick-up truck. My house contents insurers dealt with the claim. All very stress free!

daveclow

aaaaarrrrggghhhhh!!!!

this kind of thing makes me SO angry.

fu&* the police, reach for the bat. im glad i read it though, lesson learned.

paul64

On the issue of the driver failing to stop he pulled out of a driveway so you had an address he either lived at or visited.

You were threatened and so could not pursue the dirver at the time. Since a child was involved you called the police and expected they would follow up with their enquiries. The police would then verify and it's not your fault if they didn't pursue a child related incident.

If it was several months ago what did the other driver report to the police?
Before doing anything you or your solicitor should see a copy of that report and the suggestion of damage. similar with the damage assessment to his vehicle to verify timescales. You have to ask yourself if a light bump by a bicycle is going to cause £1100 of damage.

Something doesn't smell right and I would want to use the contradictions between driver report, timespan, lack of police investigation and damage assessment to put a hole in the claim. Plus the failure to stop at the scene of a child related accident. That has to be worth a criminal pursuit by the police and a civil pursuit from you.

B1ghubba

Was he reversing out onto the highway?
Highway code states
177. Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can.

I read recently in the local paper a driver was prosecuted for this when he hit someone.
Might help your case.

StillGoing

Where you were cycling, was it designated as a cycle path or were you just cycling on the pavement? Even so, the pavement is a highway under traffic law and priority goes in order of pedestrians, riders on horseback, cyclists and then motor vehicles. As you are already on the highway, he has a duty of care to show to anyone as he exits his driveway. Change the scenario slightly to a pedestrian jogging along only to get cleared up as reverses out.

The Police won't be interested unless there's a prosecution to be sought following any allegation of an infringement of law. An accident has to be reported in circumstances where owing to the presence of a motor vehicle on a road, an accident occurs whereby damage is caused to any other vehicle other than that vehicle, or injury is caused to any person other than the driver of that vehicle. It is an offence for a driver not to provide their details to a person having reasonable cause to request them. This isn't a reportable accident unless he fails to provide his details. He has to make an effort to find someone to leave them with. You're clearly there so he should have given yu his details at the scene. You don't have to report anything because you're not in a motor vehicle.

In this case it would be "knock for knock". You pay for your damages and he pays for his. His insurance company is trying bully boy tactics knowing you don't have an insurer to fight your corner.

DOn't reply directly to him or his company, but do reply to the insurer telling them you do not intend paying and will be seeking damages against them for the repairs to your bike and any injury inclduing any shock for your child as a result of their clients inattentiveness. You might also mention his failure to stop and provide details as required under traffic law. If they then carry it on, check all your policies to see if any cover liability in order to represnt you.

beatsystem

"You should have given him a mouthful and let him go on his way"

Probably not the best thing to do when our friend was already breaking the law by riding on the pavement. Its this sort of attitude that gets law abiding cyclists into trouble and give car drivers ammunition against us.

gregster10217

Were either of you (you and your son) injured? If so, not matter how minor the injuries, it's still classed as an injury accident. He's driven away from the scene of an accident without providing you details, or the police attending, and technically, he's committed an offence - although he later told the police about it, he should have done so there and then. He sounds like a complete arse, go back to the police and ask that they do something about his failing to stop. Might change his mind when they come knocking on the door to interview him!!!

squigs

Ask the insurance company for the evidence and witness testimonies to back up the claim against you.
Explain that his story doesnt match the actual events that happened and you want to see the evidence that backs his claim.
Do not offer any explaination from your point of view until they send you the evidence! which they will not do!

It is his word against yours.
The longer it goes on the more money they will be wasting.
Do not get a solicitor at this stage and do not counter claim.

evilollie

It's always helps to muddy the waters and tarnish his credibility , so a wee I'm sure he had alcohol on his breath will help haha

They will go the distance with the enquiry they always do , probably spend more investigating it then the damage is worth .

CiB

It's been said already but bears repeating.

Do not get involved in a counter-claim - that's a full admission that you hit each other and that damage was done to both parties, and then it comes down to who was most at fault. From what I've read that's a bit of a grey area in this situation.

Don't make baseless accusations (alcohol on breath etc) or claim for things that didn't happen.

Do everything by the book. Request original estimates for the damage repair, explanations if necessary of how the damage correlates to the incident as it actually happened, clarification of why he was abusive at you & your child, clarification of why he left the scene of the accident without taking the relevant and legally required steps to check for injuriy & damage at the time etc etc.

The fact that a collision occurred and that you were the other party isn't in question - you've told the police that it happened. The only questions to be answered are why is the bill close to £1100, and who was at fault and thererfore liable to pay.

Your best bet is to stand firm and not offer anything at all until you have full & satisfactory answers to these questions. You have the money; it's up to them to justify taking it off you.

StillGoing

Your other option is to do absolutely nothing. Insurance companies rely on negotiations between each other and the willingness to comply from their clients. You don't have an insurance company so his insurers are reliant on you complying. If you don't, they have no one to deal with and his policy will be loaded accordingly. They're reliant on your having a thrid party liability insurance. If you don't they are left with no option but to sue you for the losses. The amount being discussed isn't in their interest to pursue, especially if you start muddying the waters with an intention to fight it when they try to start proceedings. They will always have to ask their client if he is happy with what action they propose and he isn't going to look good when you stand there with your buckled wheel and account of his behaviour, failing to exchange details so in effect failing to stop at the scene of an accident and the potential consequences there could have been by his inattentiveness.

paul64

CiB is on the money for me.

Incidentally a buckled wheel would suggest riding fast along the pavement. There's not much info from the OP on the incident itself. Understandable if keeping it out of the public domain, hope it gets sorted.

Dunkindiver

Mny thanks for all the help and advice posted, it was very helpful and much appreciated.

After several letters to the company asking for details from the driver concerning the accident (that I knew he would be unable or unwilling to answer), they have now dropped the claim without prejudice!

squigs

great news

Buckled_Rims

Excellent news and I bet you're well relieved

dilemna

Dunkindiver wrote:

Mny thanks for all the help and advice posted, it was very helpful and much appreciated.

After several letters to the company asking for details from the driver concerning the accident (that I knew he would be unable or unwilling to answer), they have now dropped the claim without prejudice!

Ok. But are you counter claiming from them for any damage to your bike(s) or injury(s) you or your son suffered?

Rouge Penguin

Or at least an apology from his company?

Make it known he's a careless driver/employee.

Pross

Presumably that is the point of the without prejudice? They aren't admitting their claim isn't valid they are just dropping it. The best thing would be to let sleeping dogs lie.

xraymtb

Its good that you got it all sorted but I really would let it lie now.

As you have admitted to the police that you were riding on the footway (with a child or not), you have committed an offence and if they decided you were cycling dangerously or carelessly the fines they can impose are a lot more than the drivers insurance company was looking for.

It seems like an unfortunate incident but one best left alone.

Porgy

That's how the buggers get away with it though. I had the worst 'accident' of my life in about 2002 - and it was a guy who was swearing at me about being in the "middle of the road" who a few minutes later managed to "accidentally" collide with me writing off my bike and putting me into hospital with cuts to the head.

I found a friendly lawyer to sue him for £3000 and he countersued for damages to his vehicle - funnily enough it came to precisely £3000. In the end I was so relieved at his company's offer to drop the case I jumped at the offer. However, still feel a grave injustice occured - an accident he caused which put me in hospital - off work for a month and a completely written off bike - and he gets to pay nothing? :twisted:

Weejie54

As you have admitted to the police that you were riding on the footway (with a child or not), you have committed an offence and if they decided you were cycling dangerously or carelessly the fines they can impose are a lot more than the drivers insurance company was looking for.

The police cannot impose anything. They didn't see any offence being committed.. That's about the end of it. It would be like blood from a stone to pursue the insurance company for any compensation. Probably best left alone and chalking it down to experience.

xraymtb

The key difference there is that you were on the road, riding as you are legally entitled to do. It sounds like your situation was unfortunate but the OP was technically riding illegally by being on the footway. You were not and, had there been a sound witness, I'm sure things would have turned out differently for you.

I'm not condoning the action of motorists in either situation but the original incident led to no injury to the cyclist, minimal damage to the bike, and both parties have to take some responsibility. If he made a big enough fuss about it, the question would arise of how fast was he riding on the footway to (a) not be able to stop or avoid the vehicle and (b) damage a wheel with the collision. Given the illegality of riding on the footway, this could then be seen as careless or even dangerous cycling and lead to a fine of up to £2500 - should the police/courts take such an interest.

That along with other peoples suggestions of claiming pyschological damage to the child or that the driver had been drinking (neither of which appear to be true) is likely to lead to more problems for the cyclist than simply leaving it alone.

xraymtb

Weejie54 wrote:

As you have admitted to the police that you were riding on the footway (with a child or not), you have committed an offence and if they decided you were cycling dangerously or carelessly the fines they can impose are a lot more than the drivers insurance company was looking for.

The police cannot impose anything. They didn't see any offence being committed.. That's about the end of it. It would be like blood from a stone to pursue the insurance company for any compensation. Probably best left alone and chalking it down to experience.

But he has already reported it to the police - therefore admitting he was on the footway?

Porgy

Well, I would let it go - but I wouldn;t be happy about it.

Weejie54

But he has already reported it to the police - therefore admitting he was on the footway?

It makes no difference. For example, you cannot be fined for speeding unless you are clocked by a camera or a police officer. Telling them you were speeding on the high street yesterday cannot result in a charge.

cee

Weejie54 wrote:

But he has already reported it to the police - therefore admitting he was on the footway?

It makes no difference. For example, you cannot be fined for speeding unless you are clocked by a camera or a police officer. Telling them you were speeding on the high street yesterday cannot result in a charge.

might not help any claim though....

walk away from the idiot with the car.

xraymtb

Weejie54 wrote:

It makes no difference. For example, you cannot be fined for speeding unless you are clocked by a camera or a police officer. Telling them you were speeding on the high street yesterday cannot result in a charge.

It's not always the case for dangerous and especially careless driving/cycling. If an accident has occured and been reported by both parties (both of whom give similar reports), the police can decide that one party is guilty of careless driving and move to prosecute. There does not always need to be video evidence or direct police witness for this type of charge.

Speeding on the other hand requires hard evidence or at the very least a police witness as a "trained observer".

Either way, my point is that pushing it with the driver or his insurance company isnt likely to end in any form of benefit for the cyclist.