Pedestrian wrote of carbon bike...
Comments
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The fact that he's unemployed suggest that recourse through the courts might be a drawn-out, expensive and somewhat futile exercise - a court judgement is useless if he's skint. You may be able to get the frame repaired if it is cracked. 'Crash replacement' usually means a discounted replacement, regardless of the cause - warranty is something completely different and won't cover you.Make mine an Italian, with Campagnolo on the side..0
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I think you have two hopes of getting him to pay up. Bob Hope and no hope.
He may be well intentioned but has no insurance and is unemployed.
Claim on your own home insurance.Boardman Elite SLR 9.2S
Boardman FS Pro0 -
Father Jack wrote:In that case don't bother with house contents insurance.
yeah good idea. And when your house burns down and you want to replace the £50,000 worth of CONTENTS that have just gone up in smoke, what are you going to do?
Probably not worth claiming for a £500 (?) frame, once you've paid the excess (£250 for me) and the increased premiums for 10 years.....0 -
Also, just because he's unemployed doesn't mean he has no money.....persevere...0
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CiB wrote:Because landing yourself with a few hundred pounds worth of increased premiums over the next n years to cover the cost of a bike frame that's probably worth a similar amount isn't the same as claiming on the same insurance when your house is flooded by a swollen River Severn, burns down or falls into an abandoned coal mine that's been under your back garden since 1853. I would imagine.
Not always, my house is insured with M&S and we had storm damage to a flat roof causing it to leak, we claimed on the insurance to have it fixed which they paid for in full.
Over a grand.
Next year the annual premium went down.
I wouldnt hesitate if I needed to claim for a new bike, thats what its there for.0 -
Double post0
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yeah good idea. And if house burns down and you want to replace the £50,000 worth of CONTENTS that have just gone up in smoke, what are you going to do?
fixed. Just with any insurance, you could pay all your life and never need to claim.
Car
House (contents)
House (building)Say... That's a nice bike..
Trax T700 with Lew Racing Pro VT-1 ;-)0 -
If he is unemployed and has no insurance then I doubt he will have £1500 to cover the cost anyway. That is the biggest concern isn't it? Even if he is legally bound and you take him to small claims court if he doesn't have the means to pay won't you be wasting your time?
I have a decent job etc but still couldn't find £1500 next week. Maybe somebody more in the know can cast a more positive light on the situation. Feel for you though.0 -
Also, just because he's unemployed doesn't mean he has no money.....persevere...
Totally agree, in today's economic climate plenty of well off people are actually unemployed, many in my work have just applied for voluntary redundancy and had it accepted, they will soon officially be unemployed, some of which are definitely not paupers!Road - http://www.bikeradar.com/forums/viewtopic.php?f=40044&t=12777154&p=16943702#p16943702
Commuter - http://www.bikeradar.com/forums/viewtopic.php?f=40044&t=12877017&p=17855019#p17855019
MTB - http://www.bikeradar.com/forums/viewtopic.php?f=10017&t=12930006&p=18407199#p184071990 -
A further update in case anyone's interested.
The replacement for the damages was valued at £850. I spoke to him this morning and he can't afford that due to him being unemployed so we came to an agreement that for now he gave me £300 and if he gets a job in the time that he's in Bristol (6 months) then he will give me a bit more. Can't say I'm totally happy with that but he's being very reasonable seeing as he could have just ignored my attempts at contacting him.0 -
Get round there , baseball bat and ski mask :evil: Take whatever goods he has and sell them!!!0
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How does that £850 break down? I.e. can you mitigate some of the costs to get nearer to his £300. E.g. SH BNIB brifter, do the work yourself etc... You could always do the insurance route for the £550 unrecovered as well...0
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s25scd wrote:Get round there , baseball bat and ski mask :evil: Take whatever goods he has and sell them!!!
Yeah that's a mature answer :roll:
As far as things go, make sure to stay in contact with him in the event he does move, and maybe get him to provide some form of ID that can make it so he can be "followed." He so far does not sound like the runner type, but just in case he does, it is wise to have a way to still get in contact.
Also signed paper agreement is also needed.0 -
hes sounds a good fella. i dont think many would pay up if youve no proof.there are a few good people about.0
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been following this one - pleased the guy has paid something since he could have just stopped answering your calls.0
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mask of sanity wrote:A further update in case anyone's interested.
The replacement for the damages was valued at £850. I spoke to him this morning and he can't afford that due to him being unemployed so we came to an agreement that for now he gave me £300 and if he gets a job in the time that he's in Bristol (6 months) then he will give me a bit more. Can't say I'm totally happy with that but he's being very reasonable seeing as he could have just ignored my attempts at contacting him.
Can you clarify: has he actually handed you the 300 notes?0 -
Think you're very lucky to be honest. Rules of the highway dictate that the pedestrian has right of way and other road users should be alert to them. There is however a duty of care to themselves i.e. don't blindly walk out infront of traffic. The fact the traffic was stationary goes someway to lessening his responsibilities just as the blame if a pedestrian walks out in front of a stationary bus as you're overtaking it will mostly fall on you. What works for you is it appears there's a pedestrian reservation about 50yds up the road where you'd expect pedestrians to cross. I don't think you'd get much more than your £300 by way of damages if you went through the courts.I ride a bike. Doesn't make me green or a tree hugger. I drive a car too.0
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philthy3 wrote:Think you're very lucky to be honest. Rules of the highway dictate that the pedestrian has right of way......
Go on then, show us where it says that! The only mention I can find of giving way to pedestrians is when you are turning off the road you are on into another where pedestrians are already crossing. On the other hand, it is very clear about people not doing what happened to the OP.14
Parked vehicles. If you have to cross between parked vehicles, use the outside edges of the vehicles as if they were the kerb. Stop there and make sure you can see all around and that the traffic can see you.Faster than a tent.......0 -
rake wrote:hes sounds a good fella. i dont think many would pay up if youve no proof.there are a few good people about.
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sounds like he is being resaonable0 -
I don't believe he is being reasonable at all. He caused an accident which resulted in damage totalling £850. Assuming he pays £300 now there is no reason why he shouldn't pay the balance by instalments even if he is unemployed. If it means him giving up a few pints of beer then so be it.
If he fails to cooperate there is little to be lost by issuing a claim in the small claims court.
If he was taken to court then more than likely there would be a judgment against him for the amount of the damages plus fixed costs and interest. If he owns his property (which can be checked with the Land Registry for £4) then you could apply for a Charge over his property, which means if he comes to sell, and assuming there is sufficient equity, the judgment would be paid in full.0 -
Personally I think £300 is fair but £425 would be fairest.
It sounds like a 50/50 claim to me... He stepped out from between two cars which isn't best practise for pedestrains but most people have done it at one time in their lives. I know when I did my driving test recently the theory exam shows you an image of park cars and says what is a potential hazard here, two answers 1) Doors opening 2) pedestrians stepping out... so where there are parked cars on tight roads you have to be extra careful (more for doors opening IMO).
He stepped out on you - but I bet he looked for cars, buses etc but he obviously wasn't expecting a cyclist to becoming down the road. In the exact same way you werent expecting a pedestrian to step out in the road... would be different if he saw you but walked out anyway with an attitude of 'I own the road, give way to me'
so it seems like both parties made a mistake and 50/50 costs would be fair, so I think £300 at the moment is reasonable....
Still gutted for you tho, nothing worse than braking bike/bike parts and waiting for new ones to arrive etc etc etc...0 -
Richard36 wrote:I don't believe he is being reasonable at all.
Have you read the whole thread?0 -
Rolf F wrote:philthy3 wrote:Think you're very lucky to be honest. Rules of the highway dictate that the pedestrian has right of way......
Go on then, show us where it says that! The only mention I can find of giving way to pedestrians is when you are turning off the road you are on into another where pedestrians are already crossing. On the other hand, it is very clear about people not doing what happened to the OP.14
Parked vehicles. If you have to cross between parked vehicles, use the outside edges of the vehicles as if they were the kerb. Stop there and make sure you can see all around and that the traffic can see you.
The pedestrian as I read it is already on the section of road and is heading for the kerb from inbetween traffic. In traffic law there are priorities to the users of a highway. Riders o nhorseback, people driving cattle, pedestrians and cyclists are all mentioned in there as priorities over motor vehicles. Refer to Blackstones or Zanders for the details as I can't find any internet link. As the pedestrian is already on the road, he would have had some priority, but as I said, he also has a duty of care to himself. To get the £300 is probably exactly what the courts would have issued before he put in a counter claim for injuries.I ride a bike. Doesn't make me green or a tree hugger. I drive a car too.0 -
philthy3 wrote:The pedestrian as I read it is already on the section of road and is heading for the kerb from inbetween traffic.
You must have read something different to me. I thought the pedestrian stepped out from behind a stationary people carrier straight into the path of the OP. No blame to the OP at all.Faster than a tent.......0 -
As most have said, I think it's a great result getting £300 from him. I he really is unemployed that's a lot of money to part with.
I know it's of no comfort but think of all the people who get hit by uninsured drivers and flee the scene. They end up with big costs and very little chance of recovering the money. Or claim on the insurance as you could have possibly done (or still do?).
Obviously it was a very unfortunate incident for you and the poor lad who stepped out, your just very lucky he's a responsible person. He could have easily got up and knocked seven shades out of you and stamped all over your bike.
Just my 2p worth.
Mark0 -
MountainMonster wrote:s25scd wrote:Get round there , baseball bat and ski mask :evil: Take whatever goods he has and sell them!!!
Yeah that's a mature answer :roll:
Just like your Avator then. :roll:0
