Barclays bike in London an accident..who pays?

[ratboiler]

This happened some time ago now but always wondered who pays?
I was sitting in a car at the lights at Marble Arch.
I am on the inside with a van beside me and on the other side of the van a new BMW.
Lights change and just as I am about to move off a Barclays/Santander bike shoots across in front of me (travelling the same direction as a pedestrian would), I brake and the van who has started to move off on a green light just manages to stop, but the BMW who cannot see the bike because of the van and has a green light is moving and t bones the cyclist. The cyclist is knocked flying but is OK, not so the BMW.
Fifty Thousand dollar question, as the cyclist paid to hire the bike, is he covered by insurance for the damage to the BMW or will the BMW driver have to claim from the cyclist personally?

[toxgobbler]

Cyclist if proven to be at fault presumably is liable, If I recall there's some T&C's in the bicycle agreement that you sign up to with TFL which preclude them for responsibility except where negligence can be proven (ie: bike dangerous etc). BMW driver should definitely be pursuing the cyclist.

[Slidingpillar]

As far as I know, a car driving suing a cyclist for damage is a pretty rare thing. Probably the majority of cyclists do not have third party insurance, although my understanding is the London Cycling Campaign cover their members, the Cyclist Touring Club definitely does (as I'm covered on a bike).

So you have to ask yourself, is the cyclist worth suing, or is he like the scrote on a motorbike who ran into the back of my car, a man of straw.

Are the cyclists real details known?

[rpguk]

I'm almost certain the cycle hire fee includes liability insurance - so should be possible to claim from TfL.

Edit to add - http://www.tfl.gov.uk/corporate/terms-and-conditio... - it is covered and the number on the bike will be linked to the hirer so should be simple to join the two.

Edited by rpguk on Friday 29th May 15:43

[Red Devil]

The bicycle hire scheme of Transport for London – those now-familiar blue ‘Boris bikes’ sponsored by Barclays – covers users with £2m public liability but you are liable for £250 excess per claim.

http://www.money-marketuk.com/Insurance/1146-is-yo...

[numtumfutunch]

Cyclist insured shocker on PH!!!!!!!!!!!

Where do I complain?

[Type R Tom]

Could it go 50/50? Assuming the crossing is a toucan (that a cyclist is allowed to use) a green light means proceed with caution? Could the BMW driver be partly to blame?

I know in reality none of us (if completely honest) "proceed with caution" once we get a green light but would it be unreasonable to potentially find someone on a crossing point once the signal has turned green?

[Liquid Tuna]

Type R Tom said:

I know in reality none of us (if completely honest) "proceed with caution" once we get a green light

Up until a few months ago I'd have agreed with you, but since reading about a local accident involving a car and an ambulance who went over a red light (blue lights and siren were on), the car driver being in the wrong it turns out, I did some reading, and it seems you most definitely DO NOT have absolute right of way when the light goes green - it simply means proceed across the junction with caution if the road is clear, and if you hit something coming across you, it isn't that clear cut after all.

I know check with out fail both ways as I pull away.