Being personally sued for bike collision - any advice?
beezee
Posts: 2
About a year and a half ago I was involved in a bike collision on my way home from work. Basically I was driving through a busy four lane one way street in Central London in the Haymarket area. As I was cycling through one of the middle lanes a pedestrian ran out into the middle of the road to try and beat traffic despite the traffic lights being green and cars still slowly moving. As she did so, the traffic began to move quicker, so she stopped, turned, and moved back directly into my path - knocking me off.
I managed to get the bike out the way, but came off over the handle bars and collided with the pedestrian. I injured my shoulder and was pretty much saved from worse injuries by my back pack at the time - the pedestrian got a cut on the back of her head, I called an ambulance, and waited with her directing cars away from where we were until it came - we were in the middle of the road.
The police also eventually came. They spoke to people, told me I was not at fault and a pedestrian should not be running into the middle of a busy street during rush hour in London. Despite being a careless thing to do for herself, it’s incredibly dangerous for both cyclists and cars. Later in a phone call, they told me nothing else would come from this. A few days later, I got a call from the pedestrian's husband, apologising for the incident. Saying the police had told him I wasn't at fault, his wife had made a mistake and that he wanted to check I was okay. I said yes, and that was that. Or so I thought.
Now, 18-months later, a letter lands on my door saying I'm being sued for personal injury. The solicitors, Quality Solicitors, have provided little information about their claim - and are clearly hoping I have insurance and this will be quick and easy money for them. But I don't. As neither I'm guessing, do many cyclists. As I don't have cycling insurance - or any other insurance that may cover it because I'm a young man in London who doesn't have home insurance as I rent and move location quite frequently, I run the risk of running up huge legal fees defending myself.
And it made me realise how at risk the thousands of cyclists in London, and around the UK, are of this happening to them. I cycle everyday, doing the things I can to stay safe - helmet, lights, riding safely etc. But any day, the carelessness of a pedestrian and somebody being so brazen as to try and make a quick buck from it means I will now have to learn the law, potentially spend a lot of money I don't have on solicitors and to waste a lot of time. It's a wake up call to those who haven't thought about this, and I’ll now definitely be getting insured.
Has anyone else been in this situation? What did you do? Any tips would be appreciated.
Thanks for the help.
Benjamin
I managed to get the bike out the way, but came off over the handle bars and collided with the pedestrian. I injured my shoulder and was pretty much saved from worse injuries by my back pack at the time - the pedestrian got a cut on the back of her head, I called an ambulance, and waited with her directing cars away from where we were until it came - we were in the middle of the road.
The police also eventually came. They spoke to people, told me I was not at fault and a pedestrian should not be running into the middle of a busy street during rush hour in London. Despite being a careless thing to do for herself, it’s incredibly dangerous for both cyclists and cars. Later in a phone call, they told me nothing else would come from this. A few days later, I got a call from the pedestrian's husband, apologising for the incident. Saying the police had told him I wasn't at fault, his wife had made a mistake and that he wanted to check I was okay. I said yes, and that was that. Or so I thought.
Now, 18-months later, a letter lands on my door saying I'm being sued for personal injury. The solicitors, Quality Solicitors, have provided little information about their claim - and are clearly hoping I have insurance and this will be quick and easy money for them. But I don't. As neither I'm guessing, do many cyclists. As I don't have cycling insurance - or any other insurance that may cover it because I'm a young man in London who doesn't have home insurance as I rent and move location quite frequently, I run the risk of running up huge legal fees defending myself.
And it made me realise how at risk the thousands of cyclists in London, and around the UK, are of this happening to them. I cycle everyday, doing the things I can to stay safe - helmet, lights, riding safely etc. But any day, the carelessness of a pedestrian and somebody being so brazen as to try and make a quick buck from it means I will now have to learn the law, potentially spend a lot of money I don't have on solicitors and to waste a lot of time. It's a wake up call to those who haven't thought about this, and I’ll now definitely be getting insured.
Has anyone else been in this situation? What did you do? Any tips would be appreciated.
Thanks for the help.
Benjamin
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Comments
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It's complicated. And would require a very lengthy post indeed. But, short version, you can either deal with it yourself or, better, get someone to try and get rid of it. The latter costs. If you get the former wrong, that could cost more.
I'm afraid to say that pedestrians are given a very forgiving treatment in the Courts, if it were to get that far. Cases where people have crossed on green, failed to use traffic lights etc, have seen them win, albeit with a substantial reduction for contributory negligence. Even cases of crossing in traffic queues have seen the driver/cyclist penalised. Without knowing a lot more, seeing a plan, etc it's impossible to say who would be held to be primarily liable. A lot will depend on whether you saw or should have seen the pedestrian. Sounds like you did and there's a pretty big risk that a Court could say that you should have stopped. That the Police and her husband accept that it was her fault does not preclude a different finding. But it's useful evidence nonetheless.
A useful strategy here would be to counterclaim if you suffered injuries or damage to your bike. That will make them think twice in relation to legal fees and potential damages.
What does the letter say she suffered as a result? If it's only bruising this isn't worth much. But it sounds as if there was a serious injury (i.e. one worth more than say £1000). What details does the letter give about why it says you were at fault? There should be allegations of negligence. Is a medical report enclosed or does it say whether a report is going to be obtained. Finally, does the letter state whether this falls within the Road Traffic Personal Injury Protocol for small value claims? There's lots of information that you will need to deal with or, if that information is absent, request. And do so in such a way as does not compromise your defence.
Sadly, whilst a lot can be written on the net, the best option is to pop down your local solicitor and, at least, pay for a small consultation and reply.My blog: http://www.roubaixcycling.cc (kit reviews and other musings)
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Might be worth checking you household insurance as many policies nowadays include legal fees as an option (and then add it in without highlighting the fact it is optional). Plan B would be to check to see if you are a member of CTC or BC as they include 3rd party liability protection for many of the standard memberships.0
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Again, too late for the OP but when will cyclists learn?
Get BC, or similar membership.The above may be fact, or fiction, I may be serious, I may be jesting.
I am not sure. You have no chance.Veronese68 wrote:PB is the most sensible person on here.0 -
I'd get some legal advice from a lawyer in a pro bono meeting before passing the work their way, not ask around on a forum.
If you're in London I heartily recommend Wedlake Bell - very, very good firm.Postby team47b » Sun Jun 28, 2015 11:53 am
De Sisti wrote:
This is one of the silliest threads I've come across.
Recognition at last Matthew, well done!, a justified honoursmithy21 wrote:
He's right you know.0 -
I'd get some legal advice from a lawyer in a pro bono meeting before passing the work their way, not ask around on a forum.
If you're in London I heartily recommend Wedlake Bell - very, very good firm.
They might be very good. Do they do RTA personal injury?My blog: http://www.roubaixcycling.cc (kit reviews and other musings)
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have you any documentary record from the police? if not, the first thing i'd do is contact them and request a copy of whatever report the officer(s) filed
if there's a police record that states she accepted fault and/or was acting irresponsibly i'd think your position would be considerably improved
with no liability insurance, it might be worth contacting a no win no fee agency and ask about suing for your injury, damage to bike etc., again any police record in your favour would help, otherwise it's a she said/you said situation
try https://www.citizensadvice.org.uk/ first, see what they advise
don't enter into any communication with the solicitors until you've had proper advice and taken time to consider it
this may have some useful info... https://www.lawworks.org.uk/legal-advice-individualsmy bike - faster than god's and twice as shiny0 -
As this is a civil court matter the onus is on her to prove you were at fault and negligent. Keep your gob shut and rely on the police notes taken at the scene. If witnesses say you did nothing wrong then it makes her case very hard to prove.0
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I was a bike messenger for 8 years back in the day....technically if you're filtering through traffic you are 80% liable if there's an accident. I really hope you didn't say sorry. Never say that! I remember endoing into headbutt some young lady preoccupied with her mobile...."that was unfortunate!"
If she doubled back on herself in moving traffic, remember that you saw her, took account of her & then she did something entirely unpredictable.
I would persue the police records under Freedom of Information. It's what will decide things. Everything else is she said/he said. That will decide your strategy. Don't reply to anything meanwhile, it's a fishing trip. Join BCC or similar to get some coverage.0 -
I have no doubt they have gone to one of these 'No win, no fee' firms.
If I were you I would do exactly the same immediately, in other words counter sue, and don't even mention this claim against you (unless asked of course)0 -
Again, too late for the OP but when will cyclists learn?
Get BC, or similar membership.
Exactly what i did after reading a similar thread.0 -
As this is a civil court matter the onus is on her to prove you were at fault and negligent. Keep your gob shut and rely on the police notes taken at the scene. If witnesses say you did nothing wrong then it makes her case very hard to prove.
Chances are, this "firm" of ambulance chasers has got hold of an accident record, contacted her and advised she could be in line for compensation. They then go on a fishing trip trying to get you to respond. Contact the police (presumably you were given an incident number?) and ask for a copy of the incident and the decision of no offences disclosed and no further action. (You don't need to be citing the FOI Act.) Do not respond to the solicitors in writing and if they ring you, tell them they are not to contact you again and hang up. Wait and see what develops.
In a long and drawn out claim I had, I was advised by my solicitor that if the other party refused to cooperate, there was little that could be done. Bailiffs could be engaged to seek goods to the value of any compensation, but that would first require a case to be heard and damages to be awarded, and it simply wasn't worth the hassle.
Defences against a personal injury lawsuit
Defence against a personal injury claim consists of numerous phases of litigation. While a lawyer can help channel the defense and give recommendations of the strengths and weaknesses of the case, he can also assess whether to settle or proceed towards trial.
Personal injury compensation can be claimed only when the following conditions are met:
Occurrence of an accident that was not the fault of the plaintiff
The accident was partly or in full someone else’s fault
An injury was caused as a result of that person’s actions or negligence.
If these conditions are not satisfied, a personal injury solicitor would be unable to process or even challenge to make a claim let alone winning it.I ride a bike. Doesn't make me green or a tree hugger. I drive a car too.0 -
Not quite true I'm afraid. Anyone can make a claim regardless of whether their claim is in any way good or not. Whether they win that claim will ultimately be down to a) whether the other party settles or b) whether the Court finds in favour of the Claimant.
A case which is ultimately poor may still result in a settlement just to "get rid of it." That's how much of our insurance claims work now. Given that the OP, who really should respond and engage when posting a new thread, is not a "man of means" that, in itself, might be a reason why the other party won't proceed.My blog: http://www.roubaixcycling.cc (kit reviews and other musings)
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As others have said, contact British Cycling or even Wiggle (they have Legal section now).
Do not respond yourself to the solicitors in writing. Get the police report and make sure you have a full account of what happened.
Hope it works out ok, please update this thread when you can as some good advice has been offered.0 -
v similar happened to my GF, she had no legal insurance cover but her employer did, in the form of an employee benefits package, might be worth asking, also, if you are (unlikely) in a union? they ll have legal help too, or even your parents household insurance may will cover you too.
The advice she got was in the first instance, ignore it, whilst gathering evidence in support, she never heard any more from them
hope its same for you. 0 -
As given, word for word elsewhere, only you've never been back to the other sites since posting. Even allowing for the holiday period, I'd have thought you'd have responded to some of the replies.About a year and a half ago I was involved in a bike collision on my way home from work. Basically I was driving through a busy four lane one way street in Central London in the Haymarket area. As I was cycling through one of the middle lanes a pedestrian ran out into the middle of the road to try and beat traffic despite the traffic lights being green and cars still slowly moving. As she did so, the traffic began to move quicker, so she stopped, turned, and moved back directly into my path - knocking me off.
I managed to get the bike out the way, but came off over the handle bars and collided with the pedestrian. I injured my shoulder and was pretty much saved from worse injuries by my back pack at the time - the pedestrian got a cut on the back of her head, I called an ambulance, and waited with her directing cars away from where we were until it came - we were in the middle of the road.
The police also eventually came. They spoke to people, told me I was not at fault and a pedestrian should not be running into the middle of a busy street during rush hour in London. Despite being a careless thing to do for herself, it’s incredibly dangerous for both cyclists and cars. Later in a phone call, they told me nothing else would come from this. A few days later, I got a call from the pedestrian's husband, apologising for the incident. Saying the police had told him I wasn't at fault, his wife had made a mistake and that he wanted to check I was okay. I said yes, and that was that. Or so I thought.
Now, 18-months later, a letter lands on my door saying I'm being sued for personal injury. The solicitors, Quality Solicitors, have provided little information about their claim - and are clearly hoping I have insurance and this will be quick and easy money for them. But I don't. As neither I'm guessing, do many cyclists. As I don't have cycling insurance - or any other insurance that may cover it because I'm a young man in London who doesn't have home insurance as I rent and move location quite frequently, I run the risk of running up huge legal fees defending myself.
And it made me realise how at risk the thousands of cyclists in London, and around the UK, are of this happening to them. I cycle everyday, doing the things I can to stay safe - helmet, lights, riding safely etc. But any day, the carelessness of a pedestrian and somebody being so brazen as to try and make a quick buck from it means I will now have to learn the law, potentially spend a lot of money I don't have on solicitors and to waste a lot of time. It's a wake up call to those who haven't thought about this, and I’ll now definitely be getting insured.
Has anyone else been in this situation? What did you do? Any tips would be appreciated.
Thanks for the help.
BenjaminClassic0 -
He might have been advised not to engage in social media regarding this incident.0
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He might have been advised not to engage in social media regarding this incident.
Then he might be well advised to delete his original post
He's not actually been online since Saturday. My blog: http://www.roubaixcycling.cc (kit reviews and other musings)
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Not everyone lives on the internet - maybe he's off visiting family and not back yet. It's only been two days.0
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Not everyone lives on the internet - maybe he's off visiting family and not back yet. It's only been two days.
Absolutely. Though he was concerned enough to post it on cycle chat as well.My blog: http://www.roubaixcycling.cc (kit reviews and other musings)
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Not been back there eitherNot everyone lives on the internet - maybe he's off visiting family and not back yet. It's only been two days.
Absolutely. Though he was concerned enough to post it on cycle chat as well.Classic0 -
On cycle chat they reckon the original post had a link to some lawyers or insurers or something, and that they reckoned the OP worked for them. Apparently posted on about seven different forums?My blog: http://www.roubaixcycling.cc (kit reviews and other musings)
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Facebook? No. Just say no.0 -
Well, if the worst that has happened is that it has drawn folks attention to the important consideration of 3rd party liability cover then all is well in my book 0
