Cyclist sued by pedestrian?
El Badgerino
Posts: 30
I'm after any advice I can get on this one, a good friend of mine is being sued after a collision with a pedestrian and any angle that they've not thought of might help them out.
The accident happened a number of years ago, but the basics are that my friend was cycling along, passing a set of traffic lights at green and the pedestrian stepped into the road in front of them. The pedestrian was knocked over and hit their head on the road. Police were called and 2 witness statements and details taken (a cyclist following him and a pedestrian waiting at the lights). All statements at the time supported my friend (IE that the lights were green), and the police were satisfied there was no crime.
Several years later the pedestrian is pursuing a claim, on what basis it's very hard to see. Unfortunately it turns out that the legal cover they have with their home insurance is worthless (it will cover them to pursue a claim, but not defend against one!) and the third part liability also worthless (only covering events that happen inside their house).
So they are now footing a defence out of their pocket and have to think about the (however slim) possibility of losing a case like this.
So any ideas? Have you / anyone you know been sued? The only things I can find are about cyclists sued when they've actually done something wrong!
On another point - JOIN CTC, BRITISH CYCLING or LCC or at the very least check your home insurance legal and liability isn't worthless!
The accident happened a number of years ago, but the basics are that my friend was cycling along, passing a set of traffic lights at green and the pedestrian stepped into the road in front of them. The pedestrian was knocked over and hit their head on the road. Police were called and 2 witness statements and details taken (a cyclist following him and a pedestrian waiting at the lights). All statements at the time supported my friend (IE that the lights were green), and the police were satisfied there was no crime.
Several years later the pedestrian is pursuing a claim, on what basis it's very hard to see. Unfortunately it turns out that the legal cover they have with their home insurance is worthless (it will cover them to pursue a claim, but not defend against one!) and the third part liability also worthless (only covering events that happen inside their house).
So they are now footing a defence out of their pocket and have to think about the (however slim) possibility of losing a case like this.
So any ideas? Have you / anyone you know been sued? The only things I can find are about cyclists sued when they've actually done something wrong!
On another point - JOIN CTC, BRITISH CYCLING or LCC or at the very least check your home insurance legal and liability isn't worthless!
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Comments
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Post this in commuting chat if you want any kind of response.
Also worth mentioning if this is in the UK.0 -
Ta, will repost now0
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I don't know the answer to your friend's dilemma, but it strikes me that there may be some type of 'after the event' insurance available to assist him/her with the costs of defending the claim. I would suggest your friend contact the CTC lawyers (see http://www.slatergordon.co.uk/unions-fe ... ities/ctc/) and ask them what their approach would be in such a case. The initial phonecall/contact should be free of charge.0
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I assume the ped is using an ambulance chaser.......
Your friend needs to get decent advise, trouble is that the lower courts can be very unpredictable and it may be that after all this time the witnesses are unavailable.Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.0
