Legal's post collision

[garrilla]

Return the filled in form with none of the above ticked but write in something along the lines of "Other - Cyclist" next to it.

Ignoring the form will do nothing but annoy the Police.

If you're not already a member, join the CTC (both you and your son) and speak to their legal representatives. They will help people out who weren't members at the time of the incident, but you have to join up for them to represent you. 50 odd quid is a small price to pay for legal representation, especially when the firm they use (Russell Jones & Walker) are specialists in representing cyclists.

I'd never want *mandatory* third party insurance for cyclists, but I'm happy that I get it thanks to the CTC. It would make dealing with something like this considerably easier.

I had been meaning to jin the CTC for a while and had even filled in the form about two weeks ago but I'd left all my cards in the office.

Anyway, I did this on Saturday (incident was on Friday), mainly as future safety thing, but didn't think they would be able to help retrospectively, but I'll give it a go see what they say.

Thanks to everyone for your comments so far, but please continue to add thoughts

 

[marinyork]

I hope it works out. Hopefully having someone experienced arguing with the insurance company will result in either it being classified as being under the excess and no case or a small and reasonable amount paid for the damage.

 

[dubhghall]

My father-in-law was knocked off his bike by a commercial vehicle, the company refused to take responsibility. There were 2 independent witnesses and the police were hopeless - not interested. He joined CTC after the event and their legal team persued the company - it took a while (around 8 months) but he did win all his expenses - bike repaired, new clothes and a hire car to get home etc. So definately worth taking up with CTC and at least seeing what they say.
Good Luck.

 

[campbellab]

Are car insurers missing out a trick? Free third party insurance when cycling? Surely the amount of claims and actual costs from cycling is way below driving so getting existing drivers on their bikes benefits them?

 

[buggi]

i'd def get some legal advice on this one. cyclists are not required to have insurance by law so there must be a reason for that. it could be the case that the insurance company have no right to pursue. unlikely she would be able to claim for whiplash from a child's bike!

also, you can ask for an independent quote for any damage to the car.

i think the best way to go about it is to contact the driver and ask if you can sort it out without going through the insurance.

 

[Typo]

When I did traffic law, the cyclist has no obligation to provide details.

Why so? I'm not saying you're wrong, just re-newed to cycling so I'm ignorant.


Highway Code 286 -

If you are involved in a collision which causes damage or injury to any other person, vehicle, animal or property, you MUST

• stop
• give your own and the vehicle owner’s name and address, and the registration number of the vehicle, to anyone having reasonable grounds for requiring them
• if you do not give your name and address at the time of the collision, report it to the police as soon as reasonably practicable, and in any case within 24 hours

 

[Plax]

Why so? I'm not saying you're wrong, just re-newed to cycling so I'm ignorant.


Highway Code 286 -

That's pertaining to a motor vehicle though. A cyclist can hardly whip out their registration number now can they

 

[Typo]

That's pertaining to a motor vehicle though. A cyclist can hardly whip out their registration number now can they

Well, even on my bike I've still got a name & address - much rather not have to pass it out to all & sundry though, unless I have to.

 

[Crankarm]

The whole point of insurance is you are paying a party to indemnify you against any claims against you. If you don't have insurance then you can be found personally liable. If you have assets it is a problem. If you don't then forget it as no one in their right mind including an insurer sues some one who has no assets or income. As an adult you are responsible for the acts of your children.

I would as has suggested join the CTC/LCC to avail yourself of their legal services or just wait to see what transpires from the other side. Maybe they won't claim anything from you. There's no point giving the other side a rod to beat you with. Approaching them with an offer to pay for any damage may well prejudice any future action to defend a claim and could certainly be seen as an admission of liability. If you do decide to chose this route be very careful. Put everything in writing making clear that the payment is not an admission of liability and that the payment is in full and final settlement.

 

[Tynan]

christ

someone hits a bike, tough, cyclist isn't obliged to have insurance which means they'd have to go to court and sue you for damages etc, too much ag, even if they do and they win, how do they make you pay, never happen, that's why drivers have insurance

doubly so when the guilty party is a minor

the form is likely a chit to absolve the motorist of any fault with his insurance cmpany

relax and make sure the son has learnt his lesson, I'd imagine he has

 

[Daisymolly]

I'd check your house insurance policy as they may well include some sort of third party liability cover. I had an incident where I clipped a parked cars wing mirror & scraped the wing, reported it to my home insurers though from what I remember the car owners insurers had to prove that I had acted negligently before my insurers would deal. Luckily for me, it was a fellow cyclists car & he was more concerned that I was ok than about his car & never did claim. Personally, I wouldn't make any offers to the car driver as you never know what he'll start to attempt to claim if they think you're accepting liability & if he does report it to his car insurers they will certainly take that as an admission. Whether they then persue you/your insurers is another matter.