Suing a Cyclist?

[LostTraction]

Hi guys,

Long story short, about 4 months ago i got into an accident with a cyclist. Luckily i had dashcam - proves my innocence and proves her lack of awareness. I also have a police report claiming she was at fault and would be charged with careless cycling. Paramedics at the scene said she would be walking away with bruises.

Notified my insurance of the accident but didnt put a claim through (couple of door dents and a scratched up headlight). I'm not having my insurance premium sky rocket again because of this tt. A month later, I'm told she broke her back and leg. I'm confused by this because my speed was under 30mph and the speed at point of impact would have been less.

The cyclist of course did not have insurance of some sort i could claim off and I've been quoted £700-750 for the repair by 3 separate garages.

I want to sue her for the amount but im not sure whether it would be costly or not? Surely this would be a straight-cut case because of the footage? What are the first steps?

I can try upload the footage for everyone to see her stupidity if that helps :smile:

Thanks.

[Exige77]

Would be good to see the footage.

[LostTraction]

Exige77 said:

Would be good to see the footage.

Whats the best way?

[anxious_ant]

LostTraction said:

Notified my insurance of the accident but didnt put a claim through I'm not having my insurance premium sky rocket again because of this tt.

I've been quoted £700-750 for the repair by 3 separate garages.

So are you deciding to claim now? What made you change your mind?

[Evanivitch]

LostTraction said:

A month later, I'm told she broke her back and leg. I'm confused by this because my speed was under 30mph and the speed at point of impact would have been less.

Why are you being told someone else's medical condition?

I would have thought this is quite a straightforward trip to the small claims court. Obviously if you have costs of repair already then the first step is to offer them.the option of paying up.

[loskie]

if you are potentially taking legal action why would you be so stupid and vindictive as to post the video?

[Boosted LS1]

If you have a loss caused by her then send her your estimated costs (best of 3) and ask them to settle it. Why would you want to sue if you can come to an agreement out of court? You'll have to prove they caused the damage if you take it to the small claims but the bar's not as high as in a criminal court.

I'd try to open up a discussion. If she counters and claims injuries then pass it on to your insurers. If she had injuries rest assured she'd have been suing you.

Edited by Boosted LS1 on Friday 30th October 19:07

[KungFuPanda]

Research how to issue a small claim directly against her.

[750turbo]

LostTraction said:

Exige77 said:

Would be good to see the footage.

Whats the best way?

You can now post vids directly on here - No need to post on YouTube etc...Just use the upload an image option, but select the vid. Example below:


DELETED

ETA I will remove this a bit later as not relevant and likely to annoy some people.

Now removed the Vid.

Edited by 750turbo on Friday 30th October 20:03

[Hol]

loskie said:

if you are potentially taking legal action why would you be so stupid and vindictive as to post the video?

Whilst I am interested to see what happened, I have to agree that showing it might prejudice your case.

But, be prepared for certain people on here to express doubt in a highly obnoxious manner. They simply cannot help themselves, and have reputations to match.

[KungFuPanda]

Why would posting a video of the incident prejudice the OP's case? The event happened how it happened and has seemingly been recorded by video. It's down to the presiding Judge to form a view on liability having viewed the video and heard the witnesses.

[agent006]

Given she's broken her back and leg, and the effect that may have on her employment situation; I would spend some time considering the likelihood she'll be able to pay whatever settlement you may be awarded.

[LostTraction]

anxious_ant said:

LostTraction said:

Notified my insurance of the accident but didnt put a claim through I'm not having my insurance premium sky rocket again because of this tt.

I've been quoted £700-750 for the repair by 3 separate garages.

So are you deciding to claim now? What made you change your mind?

My mind was to always claim but i decided to give it some time given her “injuries”. I’ve been a bit sensitive on how to go about this because she’s apparently deaf.

[elanfan]

Pardon.

[LostTraction]

Evanivitch said:

LostTraction said:

A month later, I'm told she broke her back and leg. I'm confused by this because my speed was under 30mph and the speed at point of impact would have been less.

Why are you being told someone else's medical condition?

I would have thought this is quite a straightforward trip to the small claims court. Obviously if you have costs of repair already then the first step is to offer them.the option of paying up.

I was told her condition because my insurance couldn’t close the claim for 6 months when it came to renewal in case she tries to claim against me.

[Boosted LS1]

agent006 said:

Given she's broken her back and leg, and the effect that may have on her employment situation; I would spend some time considering the likelihood she'll be able to pay whatever settlement you may be awarded.

It's a few hungred quid to sue and if unenforcible so what. She hasn't got a broken back otherwise she'd be screwing the Op for every penny he has. I'd start the negotiations if it was me. There's only a few hundred quid to lose and plenty to gain.

[LostTraction]

Boosted LS1 said:

If you have a loss caused by her then send her your estimated costs (best of 3) and ask them to settle it. Why would you want to sue if you can come to an agreement out of court? You'll have to prove they caused the damage if you take it to the small claims but the bar's not as high as in a criminal court.

I'd try to open up a discussion. If she counters and claims injuries then pass it on to your insurers. If she had injuries rest assured she'd have been suing you.

Edited by Boosted LS1 on Friday 30th October 19:07

I don’t have direct contact with her. Didn’t obtain her details personally because she was in pain. However, The police did give her the quote repair and told me she was panicking and asking if she has to pay it.

I’m guessing from that response, she’s not keen on paying.

[LostTraction]

750turbo said:

LostTraction said:

Exige77 said:

Would be good to see the footage.

Whats the best way?

You can now post vids directly on here - No need to post on YouTube etc...Just use the upload an image option, but select the vid. Example below:




ETA I will remove this a bit later as not relevant and likely to annoy some people.

Thank you. I think I’m going to hold off on posting the video given that it might affect my case if it goes to court.

[LostTraction]

Boosted LS1 said:

agent006 said:

Given she's broken her back and leg, and the effect that may have on her employment situation; I would spend some time considering the likelihood she'll be able to pay whatever settlement you may be awarded.

It's a few hungred quid to sue and if unenforcible so what. She hasn't got a broken back otherwise she'd be screwing the Op for every penny he has. I'd start the negotiations if it was me. There's only a few hundred quid to lose and plenty to gain.

I’m not in direct contact with her and i can’t obtain her details due to GDPR. Which is why I’m not sure how to go about it.

[LostTraction]

elanfan said:

Pardon.

??