Being personally sued for a bike collision - any advice?

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bozmandb9

Insert witty title here
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, 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 I unfortunately don't have cycling insurance - or any other insurance that may cover it because I'm a young man in London who also 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.
Has anyone else been in this situation? What did you do? Any tips would be appreciated.

Thanks for the help.
Benjamin

I'd say:

1. Don't take advice from anybody who is not a qualified solicitor, retained and acting for you.
2. Contact a cycling organisation at the earliest possible opportunity, and ask for their help. I don't know if they'll be able to, since they probably won't be able to backdate cover, but it's worth asking the question.

If none of the cycling organisations (CTC or BC), can help, probably go to a local solicitor for an initial chat (I think this will be free of charge), and possibly Citizens Advice Bureau. Also possibly look into/ take advice on a counter claim.
 
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MissTillyFlop

Evil communist dictator, lover of gerbils & Pope.
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 I unfortunately don't have cycling insurance - or any other insurance that may cover it because I'm a young man in London who also 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
Do you have legal protection on your home insurance? This should cover personal liability.
 

Andrew_P

In between here and there
I had a 12k personal injury claim against me for a car accident, very luckily I recalled a witness statement given to the Police by the car following him (he wouldn't have known this as he was upside down and unconscious) so directed my insurers to the Police to obtain the statement. Up to that point it was my word against his.

They dropped the case and paid out all my car damage.
 
U

User6179

Guest
The original post sounds like an advert for buying bike insurance , the OP has posted the same post word for word on bikeradar , If it is genuine and he has had a letter from the Solicitors of the person knocked down and not from a court then I would just ignore it , last thing I would do is start a communication with them .
 

raleighnut

Legendary Member
The original post sounds like an advert for buying bike insurance , the OP has posted the same post word for word on bikeradar , If it is genuine and he has had a letter from the Solicitors of the person knocked down and not from a court then I would just ignore it , last thing I would do is start a communication with them .
Yep, the OP hasn't been back since 11:27 on Saturday (an hour and a half since he posted) so it could be.
 

classic33

Leg End Member
Posted on BR seven minutes earlier than here.
 

fossyant

Ride It Like You Stole It!
Location
South Manchester
I am/ was being sued. I got knocked off my bike last year but as I went down, my bike clipped another cyclist.

I called the ambulance, got him sorted, called wife. Driver drove off. Nobody else helped. I stayed with the guy until ambulance anemd wife arrived.

The wife happens to work with me. Anyway some 6 months later a claim arrives at my door from an ambulance chaser. As I am BC insured their loss adjusters (not Leigh day) contacted me to find out what happened. I remembered everything in detail and had gps evidence of speed. I've heard nothing since in the last year. We're probably told to get lost. I couldn't claim of the MIB as they said the car could not be identified.. I was the easiest one to sue.

Reply with exactly what happened including her husbands apology buy also seek advice.

I was accused of not looking where I was going, travelling too fast and riding into the back of the other cyclist. The other chap remembered nothing and at no point had he ever shoulder checked. I was following him, checked it was clear and overtook, but just as I'd done this a car came up from behind and clipped my panniers, bike went left, I flew right.

Whether accidents like one cat bumping into another etc then claiming off the other work the same for cyclists, I don't know, but the cheeky bastard claimed off me knowing I had insurance as his wife knows me well.
 
The retrospectoscope is a fine and valuable instrument
The problem with any accident is that you are going to be under the influence of a whole series of chemicals and autonomic reactions

The body wants to either have a fight, or run away

The last thing it wants to do is think!

The London Cycling Campaign (amongst others) offers advice as well as following up

I keep a small waterproof notebook in my tool kit along with a pencil

On each page is a prompt as to what I should do and space to write

This includes the names of witnesses and Police if in attendance

I know it sounds negative, but it is worthwhile doing
 

vickster

Squire
That's seems to be a scheme for getting compensation for injuries sustained, no mention of representing cyclists being sued by a third party. That may be offered by the wiggle insurance scheme that is paid for https://cycleinsurance.wiggle.co.uk

Given the lack of response from the OP (even if it is Xmas), this would appear to be a spam thread
 
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