Fiesta ST Forums banner
1 - 20 of 35 Posts

·
Registered
Joined
·
450 Posts
Hello all,

As stated in the thread title I had my car hit by a cyclist last week and would like some advice or guidance if any of you deal with the law or have shared a similar experience?

I was driving home from the shops last thursday afternoon and making a left turn at a T-Junction in Kimberley, Nottingham. There were a group of lads riding BMX bikes up ahead. As I turned left a straggler came flying off the pavement straight into the junction and into the side of my car (I should note that he also had no brakes on his bike) causing this damage:

Wheel Tire Car Vehicle Motor vehicle

A couple of small dents and scrapes (quoted at £270 for the repair)

The lad who hit me, a 17 year old who was thankfully OK and lucky to only come away with a couple of grazes, had no identification on him, gave me a 10 digit telephone number and was clearly very shaken up so I called the police so as to have someone officiate the situation and asked for a paramedic to attend also to assess him.

After exchanging details I have made contact with this lad only for him to say 'can't your insurance cover it? the police man told me they don't take money off minors' and has completely ignored any additional attempts I've made to get in contact with him.

What are my options? (sensible answers please)

many thanks in advance

Rob
 

Attachments

·
Super Moderator
Joined
·
23,606 Posts
I'm no lawyer or anything... but if he isn't going to pay for it...his guardians/parents will!

Not fair on you as it was his fault and he damaged your car...why should you pay the cost of a rise in insurance come renewal? Chase it up with his parents and don't let the police just drop the case.

Can't believe they're just trying to palm it off, sickening!

Like I said in your thread, this is why cyclists should have to have some sort of insurance.
 

·
Registered
Joined
·
4,752 Posts
Beat him up


Best thing to do to scare him is get a friend or if you know someone in the police to call him saying about the incident and that his got to pay for repairs or he will be sent to jail for life
 

·
Registered
Joined
·
450 Posts
Discussion Starter · #7 ·
Exactly what Alec said, get round his bloody house and make his parents pay!
Problem is his family, and I shouldn't stereotype really, come from a known rough part of Nottingham.. so I'm reluctant to go banging on doors. Anybody know the legal ins and outs of this situation?
 

·
Super Moderator
Joined
·
23,606 Posts
In particular these 2 posts;

You are correct , the cyclist is liable regardless of whether he is insured or not .

You may have to claim from your insurance and take the hit just now . However , if your insurers will not pursue this matter on your behalf , you can raise an action in the small claims court and recover the money from the cyclist ( assuming he has assets ) . If you then pay back your insurer , your NCD and insurance record should be restored .

If you have legal assistance with your insurance policy then they jolly well should pursue the other guy - that is what you paid for !

Final option would be to hand the matter over to one of those claims management firms - they will arrange repair to your car without involving your insurance and recover ( with profits ) from the other party , charging him £1million per day for your hire car ........


Had a manager at my old job who was in a slightly similar position as you are. Was riding his 3 week old motorbike and a girl of 15/16 walked out into the road without even looking and he ended up hitting her and causing about 3k worth of damage to the bike. Witness' all said that the girl was at fault and nothing my manager could have done to avoid it.

Ended up being the dad of the girl, as she was under 18, had to claim on his house insurance to cover the costs of the bike and leathers, helmet etc which got damaged in the accident.
Just because somebody has a cycle doesn't mean they are poor though, as said earlier, there is quite a lot of money in cycles and if he does live in a hostel and has no job then possibly the cycle could have been stolen?
 

·
Registered
Joined
·
1,371 Posts
Rob,

if you have legal cover on your insurance and you have contacted the police then you need to do this in the following steps.

you must now text him and say that you wish to have the repairs carried out at the cost of the person who caused them.

Put on the text if he doesn't reply or get in contact within the next 14 days you will proceed to go through a legal process in court to get the repairs paid for by the person who caused them.

don't call him any more texts is your evidence you have date and a traceable point of contact a phone call is not recorded and im certain your network provider will not provided you with recorded calls.

if he doesnt reply and if your insurance has legal cover you need to inform them of the incident and state you wish to take the other person to court to recover the costs.

mention the police are aware of this and the insurance and police will collaborate to get the information needed to send a document to this lads address inviting him to court.

during this process the insurance will get your car repaired and it will be marked as claim up until the court hearing is completed and then the mark will be removed off your insurance as a claim, should the judge make a decision on the accident in your favour.

and your insurance recoups the money.

The only thing that does concern me if the police have made notes which cover your claim and also witnesses that can clarify that you did not cause the incident because this lad can make a counter claim and do you for inflicted harm

but your only option here is a small claims court my friend.

calling the police was a good idea, all collisions involving a human being and any injuries ranging from a graze to concussion should be reported to the police.

Even if they leave the scene of the accident you must call the police
 

·
Registered
Joined
·
450 Posts
Discussion Starter · #14 ·
I've still had nothing from him.. so I'm going to talk to the police officer who attended. Additionally I'm going to send a letter to his parents about it as I feel he probably hasn't told them.
 

·
Registered
Joined
·
1,371 Posts
I've still had nothing from him.. so I'm going to talk to the police officer who attended. Additionally I'm going to send a letter to his parents about it as I feel he probably hasn't told them.
Rob don't send anything with a rant or moaning if he hasn't replied start taking things up with your insurance bud, just going to the police or sending a letter to his parents will take you round in circles.

you need to be precise with the actions you take for things to be resolved as efficiently and smoothly as possible.

like i said before text this guy, if he hasn't replied. Then i guess if you have his address send a letter.

issue 14 days notice period to reply with a resolution outside legal grounds, if that is ignored go to your insurance and use your legal cover to take the lad to court for damages done to your vehicle.

if you don't follow the guides i'm giving you you will not get anywhere, any time soon.

these things don't take a matter of days or weeks you could be looking at a court hearing date, if you file a court case in the next few months of 2014 later autumn, early winter. Could even be later than that before the insurance gets their money back and your no claims bonus restored.
 

·
Registered
Joined
·
529 Posts
I haven't read all this - but I HATE it when people say cyclists should have insurance.

Many do. Just most drivers are too ignorant to acknowledge it.

If I hit you whilst cycling. This is my protection against you:
- Individual members are insured for Public Liability to a limit of £10 million per case

I also have free legal help, injury compensation etc etc etc. I get LOADS of perks. Costs me £21 a year.

Rant over.

But yes, on another note I am sorry you have this damage to your ST. I imagine it would go through his parents.

End of the day - If you aren't going to fight it through your insurance you will have to take them to court yourself.
 

·
Registered
Joined
·
5,281 Posts
When people say that I think they mean cyclists should have compulsory insurance like car owners do - I should imagine you're in the minority with your voluntary insurance babe
 

·
Registered
Joined
·
529 Posts
When people say that I think they mean cyclists should have compulsory insurance like car owners do - I should imagine you're in the minority with your voluntary insurance babe
Any serious cyclist (ie one who has all the gear etc) would have it.

It's actually British Triathlon Insurance - Covers Swimming, running (the 2 i use it for) & cycling.

More than you think have it
 
1 - 20 of 35 Posts
Top