# Should i ask for compensation for my bike and loss of earnings?



## Accy cyclist (26 Aug 2016)

After Wednesday's incident when another cyclist fell over and then knocked me over as well, do you think i should ask him to pay for the damage. Also what about my so far two days off work? He only apologised and said "accidents will happen". He hasn't contacted me to see how i am or anything. The bike damage is a tear in the saddle and a scratched right shifter. I don't know how long i'll be off riding for or how long it'll be before i can climb a ladder, to work again.


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## AndyRM (26 Aug 2016)

Do it properly, consult a solicitor.


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## Pale Rider (26 Aug 2016)

AndyRM said:


> Do it properly, consult a solicitor.



And if you do that, find another group to ride with because I doubt you will be welcomed back by the existing one.


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## Accy cyclist (26 Aug 2016)

AndyRM said:


> Do it properly, consult a solicitor.




I've e-mailed the solicitors who dealt with my knock off last year. They haven't replied yet. Someone the other night said i'll be difficult to claim as he could say i was riding too close to him.


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## MarquisMatsugae (26 Aug 2016)

Accy cyclist said:


> I've e-mailed the solicitors who dealt with my knock off last year. They haven't replied yet. Someone the other night said i'll be difficult to claim as he could say i was riding too close to him.



I take it they are on Speed Dial then ?


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## Accy cyclist (26 Aug 2016)

Pale Rider said:


> And if you do that, find another group to ride with because I doubt you will be welcomed back by the existing one.




Yes i've thought about that, but a month's lost pay will be a problem. I think if he was going to offer damages he'd have been in contact by now.


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## MarquisMatsugae (26 Aug 2016)

Did you get his registration number ?


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## AndyRM (26 Aug 2016)

Pale Rider said:


> And if you do that, find another group to ride with because I doubt you will be welcomed back by the existing one.



Agreed. I suppose my advice was a little blunt, and I don't know the nature of the relationship so it could be that a chat would be easier than going litigious right off the bat.


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## T4tomo (26 Aug 2016)

Post one on other thread was that you were overtaking him and he wobbled over to his right, ergo you hadn't left enough room to anticipate that. If a car overtook you that close then you'd be on hear moaning about it.

You have to put it down to a riding accident, especially as you were both part of the same group. If you choose to pursue him via a solicitor then you'll need to find some new friends as well as a new group once word gets around.


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## Pale Rider (26 Aug 2016)

Accy cyclist said:


> Yes i've thought about that, but a month's lost pay will be a problem. I think if he was going to offer damages he'd have been in contact by now.



That was my only point - the attitude of the others needs to be considered.

I agree you are going to get nothing from the other guy without a fight.



AndyRM said:


> Agreed. I suppose my advice was a little blunt, and I don't know the nature of the relationship so it could be that a chat would be easier than going litigious right off the bat.



As was mine.


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## MarquisMatsugae (26 Aug 2016)

T4tomo said:


> Post one on other thread was that you were overtaking him and he wobbled over to his right, ergo you hadn't left enough room to anticipate that. If a car overtook you that close then you'd be on hear moaning about it.
> 
> You have to put it down to a riding accident, especially as you were both part of the same group. If you choose to pursue him via a solicitor then you'll need to find some new friends as well as a new group once word gets around.


And you won't be Accy Cyclist any more.
Probably St Ives Cyclist


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## marzjennings (26 Aug 2016)

You voluntarily joined a group ride where another rider accidentally fell over knocking you over at the same time. Unless you're going to claim malice or gross negligence by the other rider I think 'them's the breaks' is most applicable here. You can ask for damages and you can expect nothing.


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## potsy (26 Aug 2016)

Tricky one this, do you know the guy?

Maybe have a chat with him first, see if you can get a feel for whether he would be willing to contribute something towards the repairs and your loss of pay.

Sounds like an accident to me and not a lot of blame could be put on him if him or others say you passed too closely.


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## I like Skol (26 Aug 2016)

Some strong opinions here so be warned if it isn't what you want to hear....

Idiots like you stop a lot of volunteers organising things for the benefit of others. Idiots like you mean the rest of us end up paying disproportionate inflated insurance premiums when we try to protect ourselves against REASONABLE losses. Idiots like you are making a fortune for the pseudo-legal industry, ever wondered why all the adverts on the radio for reclaiming PPI/had bad guts on holiday/been involved in a trip, slip, fall/bought a timeshare and don't want to pay your bill anymore, are playing endlessly.
Grow up and be a big boy. Cycling is safe but like many things in life (in fact everything) it is not entirely risk free. From your description it would seem the other rider was not negligent. These things happen, get over it.


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## T4tomo (26 Aug 2016)

MarquisMatsugae said:


> And you won't be Accy Cyclist any more.
> Probably St Ives Cyclist


Or "floating off the Lancashire coast, with a window cleaners bucket rammed on your head and squeegee up your backside, cyclist"


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## Mile195 (26 Aug 2016)

In car terms, it does sound like it would be a "50/50" accident really. But, that said, most cycling clubs have insurance. Would damages arising from such an incident whilst on a club ride be covered by that?


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## MarquisMatsugae (26 Aug 2016)

T4tomo said:


> Or "floating off the Lancashire coast, with a window cleaners bucket rammed on your head and squeegee up your backside, cyclist"



Has quite a catchy ring to it


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## cisamcgu (26 Aug 2016)

Presumably you are self employed ? Then I assume you have some insurance if you are unable to work ?


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## GrumpyGregry (26 Aug 2016)

MarquisMatsugae said:


> And you won't be Accy Cyclist any more.
> Probably St Ives Cyclist


Coventry, surely?


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## Starchivore (26 Aug 2016)

It's really bad luck, it's rubbish.

But I would say that it's one of those that you have to take on the chin. It was a bit of bad luck in a group ride, it can happen. Not the same as being struck by someone driving dangerously. Maybe they weren't all that experienced.


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## Crackle (26 Aug 2016)

You're self employed in a physical job and have no kind of income protection so you're looking to pass the blame for your own lack of foresight or planning for such an incident.


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## Globalti (26 Aug 2016)

Minutes before reading this I cut the grass and my mower shot a stone into the patio door, which shattered.

Insurance excess is more than the cost of replacement glass.

It's an accident. I'm taking it on the chin. End of.


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## I like Skol (26 Aug 2016)

Globalti said:


> Minutes before reading this I cut the grass and my mower shot a stone into the paio door, which shattered.
> 
> Insurance excess is more than the cost of replacement glass.
> 
> It's an accident. I'm taking it on the chin. End of.


Do you not think you should sue the lawnmower manufacturer? It isn't just the cost of replacing the glass you know? You have to consider the inconvenience and distress, it could have taken somebody's eye out! (you were wearing safety goggles weren't you?)


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## Accy cyclist (26 Aug 2016)

I like Skol said:


> Some strong opinions here so be warned if it isn't what you want to hear....
> 
> Idiots like you stop a lot of volunteers organising things for the benefit of others. Idiots like you mean the rest of us end up paying disproportionate inflated insurance premiums when we try to protect ourselves against REASONABLE losses. Idiots like you are making a fortune for the pseudo-legal industry, ever wondered why all the adverts on the radio for reclaiming PPI/had bad guts on holiday/been involved in a trip, slip, fall/bought a timeshare and don't want to pay your bill anymore, are playing endlessly.
> Grow up and be a big boy. Cycling is safe but like many things in life (in fact everything) it is not entirely risk free. From your description it would seem the other rider was not negligent. These things happen, get over it.




You know, if you just said that without calling me an idiot over and over again i'd accept your reply. I'm sat here and can hardly walk. I was just inquiring that's all.


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## I like Skol (26 Aug 2016)

Accy cyclist said:


> You know, if you just said that without calling me an idiot over and over again i'd accept your reply. I'm sat here and can hardly walk. I was just inquiring that's all.


I was worried you might miss it the first time!

Before anyone says it, I have been self employed for 13yrs so know what it means if I couldn't physically work.


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## Bollo (26 Aug 2016)

MarquisMatsugae said:


> Has quite a catchy ring to it


True. It reminded me of The Smiths.


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## Accy cyclist (26 Aug 2016)

Crackle said:


> You're self employed in a physical job and have no kind of income protection so you're looking to pass the blame for your own lack of foresight or planning for such an incident.




When have i said that i don't have insurance? I do, but claiming from them puts my premiums up.


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## Pale Rider (26 Aug 2016)

I like Skol said:


> I was worried you might miss it the first time!
> 
> Before anyone says it, I have been self employed for 13yrs so know what it means if I couldn't physically work.



I'm all in favour of putting such group riding incidents down as just that - I was responsible for something similar with my group.

But a lasting physical injury to either party does put a different complexion on it, to which there is no easy answer.


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## Rooster1 (26 Aug 2016)

No, you should in no way be taking this any further. Fix the parts, recover, get back on your bike, forgive and forget.


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## Crackle (26 Aug 2016)

Accy cyclist said:


> When have i said that i don't have insurance? I do, but claiming from them puts my premiums up.


Well good. Use it, Accy that's what it's for. You've a lot more to lose going down the other route.


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## DCLane (26 Aug 2016)

I'm presuming, as an organised cycling club with members, you're required to have insurance as part of this?

The partial downside is that one BC member can't claim damages off another.

imho it's an accident. And claiming is probably not going to be possible.


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## Big Andy (26 Aug 2016)

I like Skol said:


> I was worried you might miss it the first time!
> 
> Before anyone says it, I have been self employed for 13yrs so know what it means if I couldn't physically work.


You could just as easily have made your point, which I happen to agree with, without being so rude though. The rudeness devalues your contribution.


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## broady (26 Aug 2016)

@Accy cyclist 
It sounds to me that you are more liable than the guy who fell off. Cyclists are supposed to be given space around them by all other vehicles (including other cyclists) as things do sometimes go wrong.
Having read some of your posts I hope the person that falls off does sue you for any damage caused fron you being too close


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## rideswithmoobs (26 Aug 2016)

Unfortunately a similar thing happened to me when out with my little 5 year old boy. He wobbled and fell into me, forcing me against a wall and stinging nettles.....oooo it smarted !!! 
In this instance I am claiming for damages and post traumatic stress from the little ***** These people must learn. Yes I have lost friends, both Mickey & goofy refused to speak to me at the bed time story and whilst eating our fish fingers at tea time yesterday I swear 'my son' flicked Tommy sauce at my back. 
Do you what you have to do Accy, these people are a danger to society and not fit to call themselves friends. 
Fortunately the atmosphere has eased this weekend as me and the wife left him at home to look after himself whilst enjoying a weekend away together. Our solicitor told us to keep our distance. Nasty one this one is 

P.S kids Isla bike soon to be for sale.


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## broady (26 Aug 2016)

Or not harsh enough??


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## Pro Tour Punditry (26 Aug 2016)

C'mon Accy, give us all a laugh. Take it to this man for a decision


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## screenman (26 Aug 2016)

cisamcgu said:


> Presumably you are self employed ? Then I assume you have some insurance if you are unable to work ?



You I take it are not self employed.


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## screenman (26 Aug 2016)

Crackle said:


> You're self employed in a physical job and have no kind of income protection so you're looking to pass the blame for your own lack of foresight or planning for such an incident.



Do me a favour please, try getting a quote for me.


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## outlash (26 Aug 2016)

Thread of the week .


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## jayonabike (26 Aug 2016)

I'm sure half of Accys threads are put on here as a wind up. 

But if you want my answer here it is

Learn how to cycle probably, learn how to cycle in a group, learn how to overtake another cyclist giving him enough room that if something happened you'd have enough room that you wouldn't get hit. As others have said your the first to moan when your overtaken by a close passing car. 
Learn how to read the road so you can see any obstacles before anyone else that might cause problems. You said you was overtaking him so I presume you had a clear line of vision. 
Oh and man up, I get the impression from a lot of your posts that everything is always someone else's fault but your own.


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## Nibor (26 Aug 2016)

Seems a bit like we are ganging up on @Accy cyclist again the question you should be asking yourself is if the shoe was on the other foot would you be in a position to compensate the other rider? 

I am really glad we aren't in America.


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## potsy (26 Aug 2016)

jayonabike said:


> I'm sure half of Accys threads are put on here as a wind up


Only half, you are being unusually generous


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## outlash (26 Aug 2016)

Nibor said:


> Seems a bit like we are ganging up on @Accy cyclist again the question you should be asking yourself is if the shoe was on the other foot would you be in a position to compensate the other rider?
> 
> I am really glad we aren't in America.



No. Fact is that group riding does have risk and well, sometimes accidents happen. I'm sure a lot of us have been involved in accidents on club runs before and I'm also sure that no one at any point have considered suing the person who caused the accident. So no, it's not ganging up, more dismay that someone has thought about it enough to start a thread asking if they should. 
Oh and FWIW, I've been involved in a couple of accidents out on club runs, none of which were my fault, but at no point did I consider compensation for loss of earnings while being self employed.


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## fossyant (26 Aug 2016)

Accy cyclist said:


> I've e-mailed the solicitors who dealt with my knock off last year. They haven't replied yet. Someone the other night said i'll be difficult to claim as he could say i was riding too close to him.



You are having a laugh aren't you.

You ride with a group you get accidents. If you are both with BC they will tell you to get lost.

I'd drop it. Crap happens sometimes and this was an accident. As has said, if you continue with legal action, nobody will ride with you again.


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## Buck (26 Aug 2016)

Accy cyclist said:


> When have i said that i don't have insurance? I do, but claiming from them puts my premiums up.



But isn't that what insurance is for?

You claim and accept any change to future insurance costs or you don't claim and accept the uninsured costs.


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## nickyboy (26 Aug 2016)

Did Accy suffer a loss? Yes
Was it caused by the actions of a 3rd party? Yes (well, probably on the basis that Accy didn't ride into the back of him and make him fall off or whatever)
Could the 3rd party have reasonably foreseen that his actions could have resulted in a loss for Accy? Hmmm....this is the tricky bit

I guess if the other rider was riding in a reckless manner, too fast around a corner, drinking from a bottle and rode into Accy or whatever then the 3rd party could have reasonably foreseen that his actions may result in a loss for Accy. However, if he hit a pothole he couldn't see, hit a rock in the road he couldn't see, hit some ice he couldn't see etc etc then there's no comeback

So if the guy who crashed was, basically, riding like an idiot, Accy should pursue this. If it was "just one of those things" then suck it up and live with one of the potential consequences of group riding


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## screenman (26 Aug 2016)

Some policies do not start paying out until 31 days. A recent quote of £75 a month got me £150 a week when off sick, the conditions were huge.

Personally I make sure that I have a reasonable financial buffer, and one that I add to.


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## nickyboy (26 Aug 2016)

fossyant said:


> You are having a laugh aren't you.
> 
> You ride with a group you get accidents. If you are both with BC they will tell you to get lost.
> 
> I'd drop it. Crap happens sometimes and this was an accident. As has said, if you continue with legal action, nobody will ride with you again.



Not sure I agree with this. If I was riding with you and decided to ride no handed to take off a jacket, collided with you causing you to fall off and suffer an injury wouldn't you be after me for compensation? It's all about whether the person was reckless or not. Not all accidents are unavoidable


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## Smokin Joe (26 Aug 2016)

screenman said:


> Some policies do not start paying out until 31 days. A recent quote of £75 a month got me £150 a week when off sick, the conditions were huge.
> 
> Personally I make sure that I have a reasonable financial buffer, and one that I add to.


^^This^^

I've had a few quotes from these rip off merchants and you'd be better off sticking a quarter of what they want in premiums under the mattress and relying on that. And any S/E person who has used them will tell you about the hassle involved in prizing any cash out of them.


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## MarquisMatsugae (26 Aug 2016)

Bollo said:


> True. It reminded me of The Smiths.



This Charming Man ?


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## MarquisMatsugae (26 Aug 2016)

GrumpyGregry said:


> Coventry, surely?


Yeah,even better.
Coventry Eagle ?


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## MarquisMatsugae (26 Aug 2016)

Marmion said:


> C'mon Accy, give us all a laugh. Take it to this man for a decision



Judge Tinder


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## ufkacbln (26 Aug 2016)

What is reasonable?

If at fault then paying for the repairs is not unreasonable

However if I was expected to be writing blank cheques to cover the individual's income for a few days, weeks or a month it becomes unaffordable

That is why there is insurance cover

Unfortunately they will not accept and pay on a "Gentleman's agreement"

Putting it on an "official" basis protects both participants


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## GrumpyGregry (26 Aug 2016)

Accy cyclist said:


> When have i said that i don't have insurance? I do, but claiming from them puts my premiums up.


Presumably the amount you claim outweighs the increased cost of future premiums else why buy the policy?


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## GrumpyGregry (26 Aug 2016)

@Accy cyclist I hope you get well soon, don't have to take too much of a hit, income wise, and can put this unfortunate incident behind you quickly without going to law or seeking compensation in other ways.


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## Smokin Joe (26 Aug 2016)

Ride in a group and accept that if another member falls or wobbles you may get entangled in the crash that follows. Otherwise, go out on your own. 

No case to answer here, it was just one of those things.


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## midlife (26 Aug 2016)

nickyboy said:


> Not sure I agree with this. If I was riding with you and decided to ride no handed to take off a jacket, collided with you causing you to fall off and suffer an injury wouldn't you be after me for compensation? It's all about whether the person was reckless or not. Not all accidents are unavoidable



On the other side of the coin an accident is not necessarily negligence....

Shaun


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## nickyboy (26 Aug 2016)

midlife said:


> On the other side of the coin an accident is not necessarily negligence....
> 
> Shaun



Yup...it all depends on the circumstance. What you can't say is that all group riding "incidents" are no-fault accidents.


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## johnnyb47 (26 Aug 2016)

Hi Accy. 
I hope you and your fellow rider are making a speedy recovery. 
My two pence worth on this would be to let this go buddy. All sports are dangerous to a degree and I think it's solely up to the individual as to whether they want to run the risk of participating in it . The other guy who you collided with, may well not have any insurance which may well put him in financial hardship if you put out a claim against him. In my view this is noway, how you should treat a friend / fellow cyclist especially when the accident was caused by a bad set of circumstances that can happen to any of us and would be classed as a 50/50 blame. There's all kinds of sporting activities that involve risk. I wonder how many kids on there school holidays will go back to school with there arms in plaster after a fall in the local skateboard park etc. If you can claim from your insurance without the other rider being involved by all means do so because the whole point of insuring yourself is there just for these mishaps but if it's going to affect the other rider directly (financially) show a little humanity because it was just one of those things at the end of the day. From what I can understand nobody was behaving recklessly so just let it go buddy and put it down to experience. 
All the best 
Johnny


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## huwsparky (26 Aug 2016)

I just wish the other guy involved could see this thread.


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## doog (26 Aug 2016)

Agree...let it go Accy

Your solicitor hasn't got back to you because they have important stuff to deal with.

Move on mate...ever played sunday league footie ? Whats the difference in your centre half accidently colliding with you and causing the same injury, nowt....would you sue him..of course not.


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## broady (26 Aug 2016)

@doog 
I think he would sue his team, the away team and anyone there watching too! !


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## Accy cyclist (26 Aug 2016)

huwsparky said:


> I just wish the other guy involved could see this thread.




Why say that? Tell you what, i'll find his number and pass it onto you so you can phone him.


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## huwsparky (26 Aug 2016)

Accy cyclist said:


> Why say that? Tell you what, i'll find his number and pass it onto you so you can phone him.


Now you're making yourself look like even more of a tool.


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## Mr Celine (26 Aug 2016)

Accy cyclist said:


> Yes i've thought about that, but a month's lost pay will be a problem.



If you can't work claim ESA. Assuming you've been paying your class 2 NI conts.


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## Accy cyclist (26 Aug 2016)

huwsparky said:


> Now you're making yourself look like even more of a tool.




Bit of a wind up merchant aren't you.


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## outlash (26 Aug 2016)

huwsparky said:


> I just wish the other guy involved could see this thread.



If only to show him to avoid like the plague?


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## Accy cyclist (26 Aug 2016)

outlash said:


> If only to show him to avoid like the plague?


Your post doesn't make sense. Nothing new there.


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## YahudaMoon (26 Aug 2016)

Interesting thread, though people want money and will do almost anything for it including stitching are good fellow friends up

It's sad case that some will back stab and do these things with compo claims, people just see ££££££ signs and have no compassion as to what ill gains the others endure 

Never trust anyone!


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## outlash (26 Aug 2016)

And this whole thread makes sense does it?


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## Bollo (26 Aug 2016)




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## Accy cyclist (26 Aug 2016)

YahudaMoon said:


> Interesting thread, though people want money and will do almost anything for it including stitching are good fellow friends up
> 
> It's sad case that some will back stab and do these things with compo claims, people just see ££££££ signs and have no compassion as to what ill gains the others endure
> 
> Never trust anyone!




If the old git had apologised sincerely i would've left it, but he obviously didn't give a toss. No he just rode off with the others to enjoy the ride! Has he phoned me up to ask how i am? No he hasn't. He's alright though. No income worries, he'll get his pension for a month while i'll get feck all!


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## broady (26 Aug 2016)

Sounds like they don't want you on their ride, but then who would want to ride with you?


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## vickster (26 Aug 2016)

Why will it be a month until you can work, has something else been diagnosed other than the groin strain now?
You said in your other thread you'll be using the turbo on Sunday, that's only a few days after the injury? 

As someone up thread says, if you've paid all your NI, you can claim some benefit if unfit to work

Or why not pay to see a physio, get a rehab programme. I presume you are regularly icing the area and following the other advice given by the medics?


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## YahudaMoon (26 Aug 2016)

Accy cyclist said:


> If the old git had apologised sincerely i would've left it



Could be he/she felt ashamed and didn't know what to say? or they felt it wasn't entirely their fault and expected the same from yourself?


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## YahudaMoon (26 Aug 2016)

Maybe you could phone your fellow cycling friend Accy, ask how they are doing?

It could be a ice breaker

It's nice to be nice


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## Accy cyclist (26 Aug 2016)

broady said:


> Sounds like they don't want you on their ride, but then who would want to ride with you?



Not you nobber. You wouldn't be able to keep up anyway!


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## YahudaMoon (26 Aug 2016)

I think people are getting a little carried away here

Accy is asking questions and looking for advice no, he's not saying he's suing his fellow cycling friend ?


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## vickster (26 Aug 2016)

YahudaMoon said:


> I think people are getting a little carried away here
> 
> Accy is asking questions and looking for advice no, he's not saying he's suing his fellow cycling friend ?


Except he's contacted a solicitor about doing exactly that, see post #4


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## outlash (26 Aug 2016)

I think friend is stretching it a bit....


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## Accy cyclist (26 Aug 2016)

vickster said:


> Why will it be a month until you can work, has something else been diagnosed other than the groin strain now?
> You said in your other thread you'll be using the turbo on Sunday, that's only a few days after the injury?
> 
> As someone up thread says, if you've paid all your NI, you can claim some benefit if unfit to work
> ...




There's a difference between sitting safely on a turbo and climbing 20ft up a ladder. The pain is easing off but that doesn't mean i could walk with a ladder and my other stuff.


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## Accy cyclist (26 Aug 2016)

vickster said:


> Except he's contacted a solicitor about doing exactly that, see post #4




I only inquired. I haven't asked them to send him a letter yet or anything.


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## broady (26 Aug 2016)

@Accy cyclist
If you could ride that well you wouldn't have hit the deck. Try judging what's going on around you a bit better??
If you can't cope when things are just moving off, god knows what your like in a moving group!!

There are lots of words that I would love to call you, but I won't steep to your level


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## CanucksTraveller (26 Aug 2016)

I think it was summed up beautifully on page one by @I like Skol 

It was a cycling accident, we've all had them (mostly in our younger years), we learn a bit and we move on. Please move on. No good can ever come from taking legal action against a fellow sportsman who had a bump with you. 

Get well soon, and bring us more jersey choice threads.


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## I like Skol (26 Aug 2016)

Accy cyclist said:


> I only inquired. I haven't asked them to send him a letter yet or anything.


Did that enquiry go along the lines of 'I was involved in a collision on a friendly bike ride. Can I sue the b'stard for every penny he has?'


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## broady (26 Aug 2016)

Why does everyone keep saying 'get well soon'
Last thing we need is @Accy cyclist on a bike again


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## YahudaMoon (26 Aug 2016)

Accy cyclist said:


> I only inquired. I haven't asked them to send him a letter yet or anything.



Mmm?

I've had fellow cyclist crash into me over the years, road rash/buckled wheels/scratched up STi's

Never considered suing anyone, it happens

I see these people regularly and were still friends


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## Accy cyclist (26 Aug 2016)

CanucksTraveller said:


> I think it was summed up beautifully on page one by @I like Skol
> 
> It was a cycling accident, we've all had them (mostly in our younger years), we learn a bit and we move on. Please move on. No good can ever come from taking legal action against a fellow sportsman who had a bump with you.
> 
> Get well soon, and bring us more jersey choice threads.




At last! Someone's posted with a bit of sympathy, not looking for a wind up. Thanks!


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## Accy cyclist (27 Aug 2016)

broady said:


> Why does everyone keep saying 'get well soon'
> Last thing we need is @Accy cyclist on a bike again


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## vickster (27 Aug 2016)

Accy cyclist said:


> I only inquired. I haven't asked them to send him a letter yet or anything.


Well presumably you intend to do so if the solicitor concurs...which I can't imagine they will...given the other guy is a pensioner and it seems a 50/50 incident.

If you do proceed, make sure you are in a position to pay up if you are counter sued (which would be the obvious thing to do in the situation) and he is successful, not only to the other party but also your and his solicitors

Do your research carefully about the potential thousands it could cost you

Listen to the wise words of Elsa above


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## CanucksTraveller (27 Aug 2016)

It's not really sympathy, it was more of a "get a grip" said gently.


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## Pro Tour Punditry (27 Aug 2016)

Christ, I despair.


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## vickster (27 Aug 2016)

Marmion said:


> Christ, I despair.


Generally?


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## Accy cyclist (27 Aug 2016)

CanucksTraveller said:


> It's not really sympathy, it was more of a "get a grip" said gently.




But it was still said without a wind up intent.


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## Pro Tour Punditry (27 Aug 2016)

vickster said:


> Generally?


nah, very specifically. nobbers.


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## vickster (27 Aug 2016)

Marmion said:


> nah, very specifically. nobbers.


Which one?


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## YahudaMoon (27 Aug 2016)

Accy

Hows the bike?

Pics please


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## Accy cyclist (27 Aug 2016)

I like Skol said:


> Did that enquiry go along the lines of 'I was involved in a collision on a friendly bike ride. Can I sue the b'stard for every penny he has?'



The old git has cut in front of others in the group besides me, many times. I'n not the only one to have had to put up with his i'm 80 but still think i'm a 25 year old attitude.
He has a habit of undertaking at speed. Imagine going down a hill at say 35 mph then all of a sudden, a bike passes on your left side.


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## Accy cyclist (27 Aug 2016)

YahudaMoon said:


> Accy
> 
> Hows the bike?
> 
> Pics please


If i could sent pics i would. Not only of my bike but my elbow. I took the plaster off tonight and there's a freaky growth coming out my elbow, about 8mm by 6mm(a bit like a nipple). This was caused by the "accident". As for the bike, it has a 1 inch tear in the saddle. I wouldn't have minded if it was one of my others but it's my new bike.


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## johnnyb47 (27 Aug 2016)

Whatever the outcome is, I'm just happy to see that your both still on this planet. If the other guy is in his 80s I'm just glad he managed to cycle on with no ill effect's. Why don't you give him a call. He may not be aware of how badly you've been hurt.Just break the ice with this chap with a simple respectable conversation and you may find out he is of the same disposition and maybe very concerned for your well being. It's an occupational hazard cycling were none blame accidents can happen. ( just like any sport for that matter). If major law suits became rife in cycling incidents the future would be for us all to legally require insurance to ride our bikes on the highway which I personally think would have a huge impact on it's popularity. Where all enthusiasts at the end of the day and I think we should respect and accept that accidents like this will always happen from time to time. I can fully understand your concern and anger but please just put it down to a bad experience and continue to enjoy what is essentially a free mode of transport and freedom that is now a rare entity in modern day society. If we the " cyclist " were to sue for every incidence that comes our way the whole vision of free clean transport would be ripped to pieces. Bad road surfaces , pot holes , aggressive drivers causing fear , diesel spillages , none treated roads in the winter , 
Where do you draw the line buddy ? It could go on for ever in the circle of cycling claims. I've had two incident's within the last few weeks of being cut up and wedged between car and wall to having a standoff with a an ignorant Range Rover driver. Do I sue these drivers for causing stress and worry for not wanting to ride again because it may of unsettled me phsycology for wanting to ride out again. 
Not a chance. I just man up and get on with it and give as much as I get. Its your choice with cycling unfortunately. If you choose to pursue a pastime which doesn't require legal insurance you must also accept accidents will sometimes happen where it may be 50/50 . 
I hope I don't sound disrespectful to you sir and hope this all blows over for you and the other rider peacefully .
All the best.
johnny

.

.


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## Lonestar (27 Aug 2016)

The only winners here are the Solicitors.


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## I like Skol (27 Aug 2016)

Accy cyclist said:


> I've just made it home after being knocked off my bike. It happened this morning just as we were about to set off on our Wednesday run. Another of the group wobbled then fell to his right. I was passing him at the time, i didn't have time to react(i was clipped in)so i went down on my right hip....





Accy cyclist said:


> The old git has cut in front of others in the group besides me, many times. I'n not the only one to have had to put up with his i'm 80 but still think i'm a 25 year old attitude.
> He has a habit of undertaking at speed. Imagine going down a hill at say 35 mph then all of a sudden, a bike passes on your left side.


There is some disparity between the original account of the incident and the insinuations of this later post. Been working on your story for the lawyers have you?


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## Accy cyclist (27 Aug 2016)

johnnyb47 said:


> Whatever the outcome is, I'm just happy to see that your both still on this planet. If the other guy is in his 80s I'm just glad he managed to cycle on with no ill effect's. Why don't you give him a call. He may not be aware of how badly you've been hurt.Just break the ice with this chap with a simple respectable conversation and you may find out he is of the same disposition and maybe very concerned for your well being. It's an occupational hazard cycling were none blame accidents can happen. ( just like any sport for that matter). If major law suits became rife in cycling incidents the future would be for us all to legally require insurance to ride our bikes on the highway which I personally think would have a huge impact on it's popularity. Where all enthusiasts at the end of the day and I think we should respect and accept that accidents like this will always happen from time to time. I can fully understand your concern and anger but please just put it down to a bad experience and continue to enjoy what is essentially a free mode of transport and freedom that is now a rare entity in modern day society. If we the " cyclist " were to sue for every incidence that comes our way the whole vision of free clean transport would be ripped to pieces. Bad road surfaces , pot holes , aggressive drivers causing fear , diesel spillages , none treated roads in the winter ,
> Where do you draw the line buddy ? It could go on for ever in the circle of cycling claims. I've had two incident's within the last few weeks of being cut up and wedged between car and wall to having a standoff with a an ignorant Range Rover driver. Do I sue these drivers for causing stress and worry for not wanting to ride again because it may of unsettled me phsycology for wanting to ride out again.
> Not a chance. I just man up and get on with it and give as much as I get. Its your choice with cycling unfortunately. If you choose to pursue a pastime which doesn't require legal insurance you must also accept accidents will sometimes happen where it may be 50/50 .
> I hope I don't sound disrespectful to you sir and hope this all blows over for you and the other rider peacefully .
> ...



Maybe i dived in with the solicitor thoughts. I'm not after screwing this fellow for every penny he has. All i want is enough to cover the cost of a new saddle and maybe a days pay. Some on here have suggested he might've come off as badly as me. From what i gather that's not the case. According to one of the group who phoned me up, he was laughing about it in the cafe stop, saying that i made a good air bag.


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## Pale Rider (27 Aug 2016)

I like Skol said:


> There is some disparity between the original account of the incident and the insinuations of this later post. Been working on your story for the lawyers have you?



Or it may be there is a bit more to this than first appeared.

Which, as with many stories ventilated on the internet, is very likely.


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## outlash (27 Aug 2016)

Accy cyclist said:


> At last! Someone's posted with a bit of sympathy, not looking for a wind up. Thanks!



So what you're actually doing is fishing for sympathy? Are you really that pathetic?


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## Accy cyclist (27 Aug 2016)

outlash said:


> So what you're actually doing is fishing for sympathy? Are you really that pathetic?



.If you read my opening post you'll see that i asked for advice that's all. It's only when the likes of you join in that things get out of hand and unfriendly.


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## Pale Rider (27 Aug 2016)

outlash said:


> So what you're actually doing is fishing for sympathy? Are you really that pathetic?



Steady on, the guy's come off his bike and suffered an injury serious enough to require a plaster.

If you did that - unless you did it by hitting a wall while cycling blind drunk - you might expect a bit of sympathy.

You could certainly expect not to be called names.


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## outlash (27 Aug 2016)

Accy cyclist said:


> .If you read my opening post you'll see that i asked for advice that's all. It's only when the likes of you join in that things get out of hand and unfriendly.



So let's just recap shall we? You have started a thread (after contacting your solicitor) asking if you should sue a person because an accident happened on a group ride, the sum total damage of which is a scratched shifter and saddle. As you're self employed as a window cleaner, you've lost earnings too. 

Did you at any point think to yourself, 'This isn't necessarily a good idea. It would cost me more in solicitor's fees than the sum total of what I've lost in earnings and replacement components (I'm sure you wouldn't be able to ask for a new shifter if it still works). So perhaps it might not be clever to start a thread on a forum on the internet about it open to everyone'?

You then proceeded to call him a git because he hasn't called up to beg forgiveness, and shower you with money as some kind of appeasement so clearly you're still quite bitter about it. You've fallen off your bike, you've hurt yourself, your bike has taken a bit of damage. Get your head out of your backside and jog on.

BTW, I broke my collarbone back in May for which I'm still under the hospital for. I haven't thought suing anyone for it.



Pale Rider said:


> Steady on, the guy's come off his bike and suffered an injury serious enough to require a plaster



lol.


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## snorri (27 Aug 2016)

Accy cyclist said:


> The old git has cut in front of others in the group besides me, many times. I'n not the only one to have had to put up with his i'm 80 but still think i'm a 25 year old attitude.
> He has a habit of undertaking at speed. Imagine going down a hill at say 35 mph then all of a sudden, a bike passes on your left side.


You have just dramatically weakened your case for any compensation. You have admitted to knowing that this guy was a bit erratic yet still chose to cycle in close proximity to him.
Edit..I must learn to type as fast as Adrian!


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## winjim (27 Aug 2016)

User said:


> Use fewer words.


Write less.


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## nickyboy (27 Aug 2016)

User said:


> Use fewer words.



Uz shrtr wrds?

Actually I have some sympathy for Accy in this case. He's been castigated here and, for sure, some things like contacting a solicitor were poor judgement. But the knee jerk reaction seems to be that "what happens on a group ride stays on a group ride". I don't think this should be the case. If someone is reckless and takes me down then I'll be suing. Now I'm not saying the other cyclist was reckless but the idea that when you're on a group ride you take your chances, no matter what, seems strange

Say the rider in front decides to take a phone call while you're all riding along and veers into you as a result, taking you down. What would you do about this?


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## broady (27 Aug 2016)

In the groups I ride, if you are going to put a jacket on or take one off (or even take/make a phone call) then they would peel out to the side and drop off the back of the group.


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## fossyant (27 Aug 2016)

Ah but being reckless or stupid is totally different from a genuine accident. This was a low speed tumble, and it's also common sense to give each other room at slow speeds, then close up as speed increases.


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## SpokeyDokey (27 Aug 2016)

Accy cyclist said:


> Maybe i dived in with the solicitor thoughts. I'm not after screwing this fellow for every penny he has. All i want is enough to cover the cost of a new saddle and maybe a days pay. Some on here have suggested he might've come off as badly as me. From what i gather that's not the case. According to one of the group who phoned me up, he was laughing about it in the cafe stop, saying that i made a good air bag.



I thought you wanted a months pay compensation. Now it's down to a day.

Maybe another 9 pages of this twaddle and you'll be down to an hour?


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## PK99 (27 Aug 2016)

User said:


> If you have known he is dangerous to be near for a long time, why let yourself be anywhere near him?



Exactly. There are a couple of guys in a group I ride with who are an accident waiting to happen. One is an aggressive inconsiderate nobber, the other a wobbler .I make sure I give them a wide berth.


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## alicat (27 Aug 2016)

> The old git has cut in front of others in the group besides me, many times. I'n not the only one to have had to put up with his i'm 80 but still think i'm a 25 year old attitude.
> He has a habit of undertaking at speed. Imagine going down a hill at say 35 mph then all of a sudden, a bike passes on your left side.



I ride with some unreliable riders like that. I deal with it by keeping an eye on where they are and generally trying to make sure I am somewhere else. That especially applies if the person is older and therefore has probably been in the group longer than I have.


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## jonny jeez (27 Aug 2016)

Accy cyclist said:


> You know, if you just said that without calling me an idiot over and over again i'd accept your reply. I'm sat here and can hardly walk. I was just inquiring that's all.


I have to agree, the advice was sound.

The use of the word IDIOT, was not.

"people" would have been sufficient


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## montroseloon (27 Aug 2016)

Well look at it this way, if you were playing Sunday pub football and incurred an injury would you pursue the player or club who caused the injury by accident? Think in future you should look into insurance for loss of earnings if you are to be off work whilst self employed


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## YahudaMoon (27 Aug 2016)

After reading more into this thread I now know who I'll be avoiding joining forum rides


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## Banjo (27 Aug 2016)

YahudaMoon said:


> After reading more into this thread I now know who I'll be avoiding joining forum rides



Problem is the worry of litigation discourages people from organizing forum rides.


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## glasgowcyclist (27 Aug 2016)

User said:


> If you have known he is dangerous to be near for a long time, why let yourself be anywhere near him?



If he's as bad as described why does the group allow him to ride?

GC


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## potsy (27 Aug 2016)

glasgowcyclist said:


> If he's as bad as described why does the group allow him to ride?
> 
> GC


Accy or the 80 year old git?


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## jefmcg (27 Aug 2016)

DCLane said:


> The partial downside is that one BC member can't claim damages off another.


I thought that was the case, but I studied the terms and it's not. One BC member can claim damages off another, but they can't use the free legal advice provided by BC to do it. That's because BC only retain one firm of solicitors, so there would be a conflict of interest. Lawyer firms aren't allowed to represent both sides of a case.

But engage Slater and Gordon (or whomever) or just write a stern letter yourself, and you can claim away.



Nibor said:


> Seems a bit like we are ganging up on @Accy cyclist again the question you should be asking yourself is if the shoe was on the other foot would you be in a position to compensate the other rider?


I do, because I am a responsible adult. I have CTC membership for the insurance. Also I have public liability on my home policy. If (god forbid) i caused an accident that rendered someone paraplegic, it would be my moral as well as legal duty to look after her. Hence I have insurance.


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## *Dusty* (27 Aug 2016)

Can you really afford to risk cycling if you rely on self employment? Cycling holds risks the same as many other sports.

I think this is probably a bit of attention seeking mixed with a little bit of trolling.

Personally I don't think cycling is maybe your best choice of activity if you need to ask this many questions of this many people.


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## Moderators (27 Aug 2016)

I think this thread has run its course. Move along now, nothing to see here.


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