Help, hit by a cyclist....

[Taro]

I was driving up a one way single lane motorway approach road, basically a ramp with a tight radius. A cyclist in his forties comes riding down the ramp out of control on the left hand side, I try to avoid him by swerving right but he smashes into me causing £900+ damage. Police and ambulance were called. Cyclist has a broken arm but admits to police it was 'all his fault'....

Police advise they aren't going to prosecute him. I have £200 excess on my insurance policy but no protected no claims.
Insurance company advise I have to suffer losses as they can't claim off a third party. I'm a law abiding motorist who pays his bills on time and feel badly done by. He put his life and possibly others in danger but he should be ok thank goodness.

My friend suggests contacting the cyclist to ask whether he has house insurance but it's unlikely.If anyone has got any advice it would be most appreciated. Thanks.

[bitwrx]

Small claims court. A former housemate was taken to court when he rode his bike into the back of a parked car.

[Dixy]

do you have legal protection on your insurance, if so use it to sue the cyclist, but at the end of the day you cant get blood out of a stone.

[Jasandjules]

Why is he not being prosecuted?

[Aretnap]

Taro said:

My friend suggests contacting the cyclist to ask whether he has house insurance but it's unlikely.

Why is it unlikely? I would wager that the majority of people in their 40s have some form of home and/or contents insurance, which will generally provide some form of public liability cover.

If you have his details there's nothing to stop you asking the cyclist for the money yourself, and if he doesn't pay making a claim in the small claims court. There's a risk that he wouldn't be able to pay of course, in which case you'd be wasting your time, but £900 is not a huge amount of money in the grand scheme of things and most people could probably come up with it, even if they didn't have insurance to cover it.

[TwigtheWonderkid]

His lack of insurance does not effect his liability, although it may effect your ability to get money from him. Speak to your insurer telling them you are going to take him to small claims court to recover your excess, and ask if they want you to add their outlay (your repairs) onto the action. Then get on with it. £900 isn't a huge amount of money, so he will probably manage to pay somehow.

[Snowboy]

Jasandjules said:

Why is he not being prosecuted?

Why should he be prosecuted?
People in cars have accidents and crash every day without being prosecuted.

[Jasandjules]

Snowboy said:

Jasandjules said:

Why is he not being prosecuted?

Why should he be prosecuted?
People in cars have accidents and crash every day without being prosecuted.

Because if a car had done that they would be prosecuted.

[Slidingpillar]

Don't assume he's got no insurance and start off by contacting him for details of his insurer just as you would if it was a car.

Members of the Cyclists Touring Club, and the London Cycling Campaign have third party insurance as part of their membership. Other cycling clubs may also offer this benefit, but those two I know about as I'm a member of the CTC and live fairly close to London.

[robinessex]

Jasandjules said:

Snowboy said:

Jasandjules said:

Why is he not being prosecuted?

Why should he be prosecuted?
People in cars have accidents and crash every day without being prosecuted.

Because if a car had done that they would be prosecuted.

Nope. As long as no injuries, and details have been exchanged, the police aren't interested, unless some (serious) aspect of bad driving come into it.

[Spitfire2]

robinessex said:

Jasandjules said:

Snowboy said:

Jasandjules said:

Why is he not being prosecuted?

Why should he be prosecuted?
People in cars have accidents and crash every day without being prosecuted.

Because if a car had done that they would be prosecuted.

Nope. As long as no injuries, and details have been exchanged, the police aren't interested, unless some (serious) aspect of bad driving come into it.

Pretty sure driving wrong way down a single lane sliproad would be considered bad driving. maybe?

[PurpleMoonlight]

You need to pursue him personally for the repair costs.

[shovelheadrob]

Spitfire2 said:

robinessex said:

Jasandjules said:

Snowboy said:

Jasandjules said:

Why is he not being prosecuted?

Why should he be prosecuted?
People in cars have accidents and crash every day without being prosecuted.

Because if a car had done that they would be prosecuted.

Nope. As long as no injuries, and details have been exchanged, the police aren't interested, unless some (serious) aspect of bad driving come into it.

Pretty sure driving wrong way down a single lane sliproad would be considered bad driving. maybe?

Shirley it would be in contravention of Motorway regulations.

[Randy Winkman]

robinessex said:

Jasandjules said:

Snowboy said:

Jasandjules said:

Why is he not being prosecuted?

Why should he be prosecuted?
People in cars have accidents and crash every day without being prosecuted.

Because if a car had done that they would be prosecuted.

Nope. As long as no injuries, and details have been exchanged, the police aren't interested, unless some (serious) aspect of bad driving come into it.

When I was injured on my bicycle and the police confirmed the same day that it was 100% the car driver's fault (for reversing off a driveway into me) - they still didn't get prosecuted. And I had a dislocated shoulder and broken ribs. So even injuries don't necessarily make a prosecution likely.

[LoonR1]

What difference would a prosecution make to you getting your £900 back?

[Aretnap]

LoonR1 said:

What difference would a prosecution make to you getting your £900 back?

It would mean the cyclist gets fined, so he'd have less money with which to repay the £900.

[kowalski655]

If successful a prosecution would go a long way to confirm liability should the cyclist try to deny fault.
don't discount the possibility of him claiming otherwise and suing for his injuries.

[theshrew]

Many moons ago I had a kid come out of a alley straight into my car. It damaged every panel down the N/S.

I picked him and his bike up and drove him home. I got some quotes to repair the car and his parents claimed off I'm pretty certain was the house insurance. ( god knows how )

Anyway within a few weeks the insurance company sent me a cheque to get my car done.

[Hol]

Double standards from the cycling community again......

[thetrash]

Hol said:

Double standards from the cycling community again......

Can you point them out?