Bike run over by 4x4 driver
Discussion
DriveSnowdonia said:
A bit of an unusual one. We were parked in a pub car park on Sunday, having just eaten there. I was going to cycle home and my wife take the car back. Before we set off, I placed my bike (bright red) onto the large grass area next to our parking bay so that my wife could load the dog into the car.
A few seconds later the driver of a large 4x4 decided that they would park on the grass (the rest of the car park was nearly empty) and they drove straight onto the grass area and right over my bike. The bike is now mangled from being driven over, wheels, frame, almost everything is bent. It is well past being able to be repaired. A discussion then ensued with the driver of the 4x4 who said he did not see the bike. He also did not seem to think that it was a problem for him to have driven over my bike. He stuck to the line that my bike shouldn’t have been there, seemingly ignorant to the fact that neither should his vehicle have been there as it was the pub garden, and not even a parking space.
The bike was valued at about £4k when I bought it, but now a couple of years later is probably worth in the region of £2,500. That said, it is an unusual model from a niche manufacturer and they rarely (if ever) come up second hand. To replace it with something ‘like for like’, the only realistic option is to buy new.
Anyway we have the guy’s name and phone number. He refused to give it to us, but afterwards, someone at the pub who knew him and had seen the whole thing provided his details. We also have his registration and photographs of him and his vehicle parked on top of the bike. We don't have his address or insurance details though. The pub have offered us their CCTV footage of the incident should we need it. The police have record of the incident but are unsure if they can do anything about it other than phone the guy to see if he wants to fess up.
So what to do next? The bike isn’t covered by any of our insurance policies so we can’t put a claim in through our insurers. Could we put a claim in directly with the insurers of the 4x4 should we be able to find out who he was insured with? Or would we need to go through a solicitor?
Also what would be a reasonable sum to claim? The price of a new bike? Or the price of a second hand bike, which means that I’d be £1,500 out of pocket because I’d be unlikely to find a second hand one and would almost certainly have to buy new?
It is an unusual situation, and well done on not getting too bent out of shape over it. I'd have been livid!A few seconds later the driver of a large 4x4 decided that they would park on the grass (the rest of the car park was nearly empty) and they drove straight onto the grass area and right over my bike. The bike is now mangled from being driven over, wheels, frame, almost everything is bent. It is well past being able to be repaired. A discussion then ensued with the driver of the 4x4 who said he did not see the bike. He also did not seem to think that it was a problem for him to have driven over my bike. He stuck to the line that my bike shouldn’t have been there, seemingly ignorant to the fact that neither should his vehicle have been there as it was the pub garden, and not even a parking space.
The bike was valued at about £4k when I bought it, but now a couple of years later is probably worth in the region of £2,500. That said, it is an unusual model from a niche manufacturer and they rarely (if ever) come up second hand. To replace it with something ‘like for like’, the only realistic option is to buy new.
Anyway we have the guy’s name and phone number. He refused to give it to us, but afterwards, someone at the pub who knew him and had seen the whole thing provided his details. We also have his registration and photographs of him and his vehicle parked on top of the bike. We don't have his address or insurance details though. The pub have offered us their CCTV footage of the incident should we need it. The police have record of the incident but are unsure if they can do anything about it other than phone the guy to see if he wants to fess up.
So what to do next? The bike isn’t covered by any of our insurance policies so we can’t put a claim in through our insurers. Could we put a claim in directly with the insurers of the 4x4 should we be able to find out who he was insured with? Or would we need to go through a solicitor?
Also what would be a reasonable sum to claim? The price of a new bike? Or the price of a second hand bike, which means that I’d be £1,500 out of pocket because I’d be unlikely to find a second hand one and would almost certainly have to buy new?
I'd check his insurance details using the MIB database on www.mib.org.uk
Then I would approach the insurer direct asking about making a claim on his insurance. They will then decide whether he is liable or not, it is not up to him to decide.
In the great tradition of PH requiring lots of extraneous details that aren't relevant... what is the bike?
If you can get his insurance details you can report directly to his insurer to make a claim.
If no success in that regard there are specialist no win no fee solicitors for cyclists, I can't recommend them as I have no experience other than a google search.
If you are a member of British Cycling they have a legal department who can also assist in a claim.
If no success in that regard there are specialist no win no fee solicitors for cyclists, I can't recommend them as I have no experience other than a google search.
If you are a member of British Cycling they have a legal department who can also assist in a claim.
DriveSnowdonia said:
boyse7en said:
It is an unusual situation, and well done on not getting too bent out of shape over it. I'd have been livid!
I'd check his insurance details using the MIB database on www.mib.org.uk
Then I would approach the insurer direct asking about making a claim on his insurance. They will then decide whether he is liable or not, it is not up to him to decide.
In the great tradition of PH requiring lots of extraneous details that aren't relevant... what is the bike?
Thanks, the guy became quite aggressive but I was able to keep my cool. Couldn't believe it really! It was a titanium framed road bike from Enigma, made to a custom spec.I'd check his insurance details using the MIB database on www.mib.org.uk
Then I would approach the insurer direct asking about making a claim on his insurance. They will then decide whether he is liable or not, it is not up to him to decide.
In the great tradition of PH requiring lots of extraneous details that aren't relevant... what is the bike?
What do you think would be a reasonable sum to ask for - full value as new, being as that's what it will cost to put me back in the same position? Plus I'm now going to have to hire a bike for our Mallorca trip in a couple of weeks which will also cost a bit.
Same goes with the hire bike, go like for like for the holiday in regards to the type and weight of the bike and also the groupset level, keep the receipt and then claim it back after.
DriveSnowdonia said:
Thanks, the guy became quite aggressive but I was able to keep my cool. Couldn't believe it really! It was a titanium framed road bike from Enigma, made to a custom spec.
What do you think would be a reasonable sum to ask for - full value as new, being as that's what it will cost to put me back in the same position? Plus I'm now going to have to hire a bike for our Mallorca trip in a couple of weeks which will also cost a bit.
Getting full value won't put you back in the same position, it'll put you back in a better position. You can only claim the market value of the bike at the time of the incident, but you could claim for a hire bike for your trip. They could dispute the hire costs as they could say that since you know it's beyond repair, you should just replace it. But that's a fight at some point down the road. What do you think would be a reasonable sum to ask for - full value as new, being as that's what it will cost to put me back in the same position? Plus I'm now going to have to hire a bike for our Mallorca trip in a couple of weeks which will also cost a bit.
Do you have the bike insured yourself? If so, you could claim under that, and get their agreement that they will try and reclaim their outlay from the tp.
DriveSnowdonia said:
ConnectionError said:
If he had hit your car it would be dealt with by insurance companies.
Surely this is why bikes, especially high value ones, should have insurance cover?
It is insured but only for theft. Have you seen the price of bike insurance for high value bikes that cover all eventualities. It's not pretty!Surely this is why bikes, especially high value ones, should have insurance cover?
It sortof sounds like he made a point of driving over it. Perhaps he was stuck behind a cyclist somewhere else and figured you were fair game for revenge.
Get the CCTV footage before it gets overwritten, request his insurance details from DVLA, and then contact his insurers to let them know of what happened.
Surprised that the Police don't view it as failure to stop/failure to report, given the pub car park being public is surely covered by the Road Traffic Act. People get done for the same in supermarket car parks where the same logic would apply.
Claim for the cost of replacing the bike - pure and simple. You'll probably need to show proof of the original cost, and how much it would cost to get an equivalent bike on the open market, etc.
Get the CCTV footage before it gets overwritten, request his insurance details from DVLA, and then contact his insurers to let them know of what happened.
Surprised that the Police don't view it as failure to stop/failure to report, given the pub car park being public is surely covered by the Road Traffic Act. People get done for the same in supermarket car parks where the same logic would apply.
Claim for the cost of replacing the bike - pure and simple. You'll probably need to show proof of the original cost, and how much it would cost to get an equivalent bike on the open market, etc.
Contact his insurance company. Tell them what’s happened. Say there is CCTV footage (I’d try and get a copy as well if the pub will let you have it) and see how they deal with it. It seems pretty open and shut to me.
It’s also an RTC so he should have left his name/vrm for you. You could go back to the police if you wanted and get them to look into it again.
It’s also an RTC so he should have left his name/vrm for you. You could go back to the police if you wanted and get them to look into it again.
LosingGrip said:
Contact his insurance company. Tell them what’s happened. Say there is CCTV footage (I’d try and get a copy as well if the pub will let you have it) and see how they deal with it. It seems pretty open and shut to me.
It’s also an RTC so he should have left his name/vrm for you. You could go back to the police if you wanted and get them to look into it again.
This, technically he is guilty of leaving the scene f an accident and were the police to pursuit that an IN10 and 6 points, I'd make him aware of that too.It’s also an RTC so he should have left his name/vrm for you. You could go back to the police if you wanted and get them to look into it again.
Its an accident, his 3rd party insurance liability should pay with the amount of evidence you have. Do you have any legal cover on a breakdown motor cover ?
DriveSnowdonia said:
The police have said that this incident does not fit the definition of a road traffic collision, therefore meaning he has not committed an offence by refusing to provide his details.
I think that's wrong. The collision occurred in a public place, it does not have to happen on a 'road'. It's hit and run.Pursue the police, put it in writing. They're bone idle nowadays and will do anything to avoid doing their job (or of course, they may have been woefully underfunded after 12 years of Tory governance).
Might this be one for AGTLaw?
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