Cyclist Hit my car

[eternalife]

Yesterday evening, a Cyclist hit my car and damaged my bumper/wing .
She was turning right :nono:and i was going straight on.

I had the police there so they are sorting out all our details exchange and the lady was said to be ok just a bit bruised etc. So hopefully, she will be 100% ok in a few days...not the same story for my car

Now, my car has sustained damage by a cyclist whose obviously not insured..

1. Do i need to inform my insurance company?
2. Will I claim direct from the lady? or will my insurance company do it?

I personally dont want to involve insurance and get her to pay in cash for the damage caused. However, i dont want to leave myself exposed by not involving insurance.

I havent a clue how it will work as cyclists dont have insurance.

Anyone had a similar scenario?
Advice needed.

 

[LegoHead]

You'll be lucky not to get done yourself....

 

[eternalife]

You'll be lucky not to get done yourself....

Well, I have a witness and She has turned into my car not the other way around. So I think I am alright in that regards.

Also, thats not what I am asking in case you hadnt noticed.

 

[JonniP]

its w**k - cyclist ran into the side of my car and if they are not responsible enough to pay up and take responsibility then its small claims and in my experience wasnt worth the hassle

 

[DrR]

You'll be lucky not to get done yourself....

What he said!

If i'm honest i think your better off keeping a low profile, cyclists own the road.

 

[eternalife]

its w**k - cyclist ran into the side of my car and if they are not responsible enough to pay up and take responsibility then its small claims and in my experience wasnt worth the hassle

Its substantial damage - I wouldnt want to be paying out of my own pocket personally. If she doesnt take responsibilty and be honourable about it all, I will pursue through my insurance company.

According to a lawyer friend of mine, can also fall into category of criminal damage and therefore I think it will be in her best interests to sort it out amicably. Otherwise I will go through insurance and/or contacts I have within the judicial system.

 

[eternalife]

You'll be lucky not to get done yourself....

What he said!

If i'm honest i think your better off keeping a low profile, cyclists own the road.

and what i said previously,i am not looking for opinions on the matter in terms of blame and who 'owns the road' so thank you for your opinion but its not needed in this thread.

 

[172.com]

You won't get far with that attitude.

 

[final abode]

nothing wrong with his attitude he just doesnt want spam on his thread.

its a legitimite thing his asking, whats the point in posting stuff thats unconstructive

 

[eternalife]

You won't get far with that attitude.

Thanks - duly noted.

Its funny how a thread in regards to if I should inform my insurance company about an incident and the best way to recover costs from another party has firstly ended up being about whose to blame and even after my stating to one person about the reason for this thread another felt the need to post the same thing?! And now, it has moved onto the state of my attitude?!

Thank you for your opinion in regards to my attitude for which i fail to see the relevance on my thread. Here's an idea, why not start your own thread in the general chat section called 'eternalife's attitude' - have fun.

 

[seb]

if it was criminal damage the OB would have dealt with that there and then. i can't see a CPS lawyer ever running with that.

i'd contct her with the costs, and if nothnig comes up go to small claims.

 

[H182]

Have a search, there was a guy who had a similar experience the other week, not sure where he ended up with it though.

 

[eternalife]

Seb -
The first on scene officer did say to me 'she seems reasonable and sorry, she should pay up. Otherwise there are other ways to recover your money and we will write a report which can form part of your argument from yourself or your insurer'...

I dont think a lawyer would take it to court on ground of criminal damage, but its the intention to take it to court which could result in the other party agreeing / settling out of court, which is what I think my friend was talking about.

I will as you have said, contact her once I get her details through from the police and hopefully she will be reasonable about it all.


H182 - Cheers for that, Will have a search through and see if I can find it: If yourself or anyone else finds it please post link here.

 

[DrR]

What he said!

If i'm honest i think your better off keeping a low profile, cyclists own the road.

and what i said previously,i am not looking for opinions on the matter in terms of blame and who 'owns the road' so thank you for your opinion but its not needed in this thread.

Settle down, as far as i'm aware cyclist have right of way pretty much everywhere, so if you go chasing after money from you she might be able to turn it back on you.

 

[eternalife]

and what i said previously,i am not looking for opinions on the matter in terms of blame and who 'owns the road' so thank you for your opinion but its not needed in this thread.

Settle down, as far as i'm aware cyclist have right of way pretty much everywhere, so if you go chasing after money from you she might be able to turn it back on you.

I understand what you are saying and I can understand the word of caution that you have raised in terms of me chasing money from the cyclist. However, yourself and no one on this forum was present to the incident and therefore have no 'real' idea whose fault it was, and what I am getting is assumptions etc. It is for this reason why I never posted this thread in a section where its likely to get more hits as I will end up getting more assumptions and invalid conclusion, and also why I didnt highlight in my first post (through pictures and/or descriptions) the events which occured.

All I am asking is what procedure I should follow in regards to claiming - through insurers? pursue myself? amicably or via other means.

However, Turning right (cyclist) across oncoming traffic (me) is always a no brainer in terms of fault (there are a number of court cases which can be referred to in regards to this). The damage sustained on my vehicle (off side front) is substantial enough to confirm my statement of events, which will I am sure will be verified by the witness who handed me his card saying 'if you have any problems, here is my card, i saw the whole thing' and by the way he was also a cyclist!

 

[JonniP]

oh im sorry i did have substantial damage, i had the police round and everything unless the cyclist is willing to own up then you decide if the damage is worth the extra premium from your insurance or the hassle of going through the courts.

Good luck fella

 

[_BillG_]

I think this other thread being referred to: http://www.cliosport.net/forum/showthread.php?t=268772

Most of what i stated on there stands for you too. If she has contents Insurance then she is effectivly covered for the damage she has done.

Couple of ways to play this:
Claim of your policy, give them her detials, plod reference and witness details etc. get car fixed, and leave them to sort out getting costs back.

Or, ring her, be nice! explain repairs will be expensive and easier for her if she allows you to claim of her home insurance etc. get detials call them, provide estimates and get them to pay for repairs. If this does not work you can issue small claims court proceeding to get money from her, but risk in doing this, is that if she takes to court, and court decides even partially in her favour that is an irrevsible decision, and your car insurance (or you) may be force to pay her damages (if she claims).

To comply with the T&C of your insurance, you should report to them, even if you do not wish to claim through them, but may cause you issues if they hold claim open, and prevent NCB @ renewal etc. You must tell them before you take to court.

Also best to contact witness asap and get statement in writting from him.

 

[Peperami]

You'll be lucky not to get done yourself....

What he said!

If i'm honest i think your better off keeping a low profile, cyclists own the road.

I had the same with a motorbike.

Undertook me, scraped my side, yet its gone 50/50 :dapprove:

 

[AliasOmega]

Ask her to pay the excess on the policy, and be happy with that....

Worst case, you have to claim on your insurance, or you pay for it yourself, then claim back through small claims court, which takes X amount of years o get your cash back, nevermind the stress.

 

[eternalife]

Many thanks for your reply people. My case is slightly different to the ones mentioned above.

My incident stands as follows.
I was going straight at a cross junction and was behind a large van. Cyclist approaching from opposite direction and wanted to turn right - thus going across my right of way. She did not 'see' me behind the white van and therefore collided right into the drivers side front of my car. As mentioned before, I do not believe I will have any problems in regards to fault.

BillG - Witness contacted and as soon as the police send me her details I will be contacting her. Services at the incident did say she seemed very reasonable and sorry for what had happened so will try and claim of her home contents insurance as mentioned (if she doesnt want to pay cash that is) and I will be sure to inform my insurers very shortly.

Peparami - it probably went 50/50 which is real cr*p due to the fact you were both going in the same direction. Any witnesses? do u fancy owning a motorbike that you have seen before

AliasOmega - Excess on policy is as much as the damage most probably - also I dont plan to lose my NCB coz of someone elses fault.

 

[Maxx]

The police will require you to report it to your insurance company. Your insurance company will repair your car subject to excesses if your fully comp but will not try and recover it from the cyclist incase it causes a counter claim from the cyclist for injuries etc. Best way is to try and settle it privatly with the cyclist.

 

[Dcds4]

Im a cyclist and i dont think id pay if it was me

 

[H182]

^Why not, if it was your fault? How would you feel if someone did it to your car and you lost out because of it.

 

[Dcds4]

I wouldnt ride into someones car, it would be their fault

 

[eternalife]

Im a cyclist and i dont think id pay if it was me....

I wouldnt ride into someones car, it would be their fault

Well thats nice to know.

However, this thread isnt about if you would or wouldnt pay if you found yourself in the same circumstances. If you wish to discuss the finer points of the way you think, your integrity as a person and more so how good a cyclist you are that you will never have an accident that is your fault, I suggest you start your own thread in the general chat section.

 

[eternalife]

The police will require you to report it to your insurance company. Your insurance company will repair your car subject to excesses if your fully comp but will not try and recover it from the cyclist incase it causes a counter claim from the cyclist for injuries etc. Best way is to try and settle it privatly with the cyclist.

Maxx - very valid point. Although, there is no way what so ever I can be found to be negligent - there is nothing I did wrong as a driver.

Will contact the police later tonight and try and get the ladies information / details - see how she feels about paying out either via her pocket or contents insurance. If she is being stubborn then it will need to be a fight to the bitter end - either that or....:quiet:

 

[Maxx]

Maxx - very valid point. Although, there is no way what so ever I can be found to be negligent - there is nothing I did wrong as a driver.
:

Your insurance company can say/prove that too but the claim will go down against you if they cant recover their costs for your repairs from the cyclist tho unfortunatly.

 

[jon_r]

eternal life, please calm down, this is a public forum, so it is enevitable you will get many different people posting in your thread. A forum is made up of differing opinions and views. Granted this is your thread, however yours is not the place to tell people what they can and cannot post.

However I would also ask members not to shout and swear at each other as well.

Jon.

 

[eternalife]

Maxx - very valid point. Although, there is no way what so ever I can be found to be negligent - there is nothing I did wrong as a driver.
:

Your insurance company can say/prove that too but the claim will go down against you if they cant recover their costs for your repairs from the cyclist tho unfortunatly.

Maxx - yeh its a big risk. Would have thought legal proceedings against the accused would recover the costs? But i guess that depends on the costs of legal fees the insurance company will have to pay out initially (to fight the case) against the cost of repairs. If the former is greater they probably will not want to bother.

It is very unfortunate and has made my mint 172 look a bit tatty. Going to be a difficult one to sort out thats for sure.

 

[eternalife]

eternal life, please calm down, this is a public forum, so it is enevitable you will get many different people posting in your thread. A forum is made up of differing opinions and views. Granted this is your thread, however yours is not the place to tell people what they can and cannot post.

However I would also ask members not to shout and swear at each other as well.

Jon.

Jon - Thanks for deleting the previous post.

I am not trying to alienate persons from posting - however, I am sure you can imagine it is a bit annoying when comments are posted which have little or no relavance to the thread. Furthermore, statements which have no relevance to my case and/or the questions i raised in the prinicipal post.

I as many others am using this forum/thread to gather valuable information which will help myself and I have done likewise where possible for others. I have thanked those who have posted constructively and not resorted to any form of discriminative comments / abusive language or the like to comments which had no place in this thread. I have asked persons posting with non-relevance to start their own threads which can have the correct subject and therefore can progress with their interests.

I am not here to cause problems or confrontation.

Constructive criticism is a good thing. Unconstructive posts / criticism / spamming are not good for anyone on this forum or the forum itself.

 

[Dcds4]

Im a cyclist and i dont think id pay if it was me....

I wouldnt ride into someones car, it would be their fault

Well thats nice to know.

However, this thread isnt about if you would or wouldnt pay if you found yourself in the same circumstances. If you wish to discuss the finer points of the way you think, your integrity as a person and more so how good a cyclist you are that you will never have an accident that is your fault, I suggest you start your own thread in the general chat section.

I really really like you :dead:

 

[Mostro]

* whispers so as not to incur the wrath of the thread owner *

I wouldnt ride into someones car, it would be their fault

Dcds4 - with all due respect, that's a ridiculous thing to say. Nobody thinks they are going to have an accident, right up to the moment you clench your buttocks.......

It's a bit like people who bump into parked cars - you'd hope human nature would make them leave an apology and their details....... in reality, most do a runner if they think they can avoid the cost and hassle.

*back to you eternalflame*

 

[eternalife]

Well thats nice to know.

However, this thread isnt about if you would or wouldnt pay if you found yourself in the same circumstances. If you wish to discuss the finer points of the way you think, your integrity as a person and more so how good a cyclist you are that you will never have an accident that is your fault, I suggest you start your own thread in the general chat section.

I really really like you :dead:

:lolup: I like you to :rasp:

Not having a go - but its a real shame when people try and save a quick buck by being immoral. Like they say, what goes around comes around.

Quick example - when the incident happened - i ran outta my car with my hi- vis jacket, put it on whilst going to the scene and went to help. The lady was on the floor in tears and shaking. Put her in recovery position and asked her to try not to move. She said she was feeling cold and although I was in a tshirt i gave her my coat to keep her warm. Result, another cyclist seeing this came up and gave me his card to vouch on behalf in regards to the incident.

Theres a lot to be said for keeping your morals and integrity at the forefront of ur being.

 

[Dcds4]

i know mate, thats why i said it, some people got ctfo blaaaa

 

[eternalife]

* whispers so as not to incur the wrath of the thread owner *

I wouldnt ride into someones car, it would be their fault

Dcds4 - with all due respect, that's a ridiculous thing to say. Nobody thinks they are going to have an accident, right up to the moment you clench your buttocks.......

It's a bit like people who bump into parked cars - you'd hope human nature would make them leave an apology and their details....... in reality, most do a runner if they think they can avoid the cost and hassle.

*back to you eternalflame*

Mostro - I have no qualms with people posting on this thread - its just a lotta forums get clogged up with posts that are banter. Good thing about CS is it has a section for that already, and therefore I would hope by me posting in the insurance section would avoid that - obviously not <not at dig at you >

I agree totally about the car bumping incidents which occur - although I know many who have been pulled up on it due to failure to report. CCTV images and a letter from the police stating failure to report incident usually scares most into being humble again. But most just do a runner...:dead:

PMSL @ eternalflame

 

[MattT]

Have a search, there was a guy who had a similar experience the other week, not sure where he ended up with it though.

Having been through this myself - your run of events looks to be a little more clear cut than mine.

I'm still arguing mine - although my car has since been repaired at my own expense.
I'll be updating my thread soon with the latest!

BillG's advice in my thread has been spot-on, so good luck!

 

[eternalife]

Have a search, there was a guy who had a similar experience the other week, not sure where he ended up with it though.

Having been through this myself - your run of events looks to be a little more clear cut than mine.

I'm still arguing mine - although my car has since been repaired at my own expense.
I'll be updating my thread soon with the latest!

BillG's advice in my thread has been spot-on, so good luck!

MattT - thanks fella. And I totally agree: BillG's advice has been very helpful.

I had a little read of your incident; It really is unfair that cyclists can use the road without the same requirements as other road users.

Are you arguing your case through insurance? with the cyclist direct? or via Small Claims court?

I think I will get a quote for mine over xmas and take it from there. Will probably end up doing the same as you and paying out of my own pocket whilst pursuing the claim.

Thankfully I know a good body shop who can be trusted.

 

[KI8RKW]

To be honest, I think you've made quite a fuss out of something that could be quite simple. You should of simply asked her at the scene would she be willing to pay for the damage.

Taking it through your insurance or to court is imo stupid and a waste of time... and will only come back to bite you in the arse.

 

[eternalife]

To be honest, I think you've made quite a fuss out of something that could be quite simple. You should of simply asked her at the scene would she be willing to pay for the damage.

Taking it through your insurance or to court is imo stupid and a waste of time... and will only come back to bite you in the arse.

When someone is injured and crying in the middle of a junction - i think it will be a bit heartless to ask 'are you paying for the damage' :dead:. Also, once police attended we did not speak to eachother as they had to take separate statements - hers from the ambulance.

Maybe going through insurance or court isnt the right way - but it is a way of doing it - at the end of the day i cannot afford to throw £££'s down the drain. Not sure how going through small claims or insurance would bite me in the butt.

 

[MattT]

MattT - thanks fella. And I totally agree: BillG's advice has been very helpful.

I had a little read of your incident; It really is unfair that cyclists can use the road without the same requirements as other road users.

Are you arguing your case through insurance? with the cyclist direct? or via Small Claims court?

I think I will get a quote for mine over xmas and take it from there. Will probably end up doing the same as you and paying out of my own pocket whilst pursuing the claim.

Thankfully I know a good body shop who can be trusted.

Yep, you're right. Major users of the road and the majority without insurance.
My insurance is aware of the situation - just in case he made a claim off of me etc. But I've paid for the repair so they won't pursue anything now. As BillG said, they'd only get involved when they had paid out for something and there was money to recover.
I wasn't prepared to:

1. Wait for the blame to be sorted before my car would be repaired - could've been months.
2. Run the risk of having a claim on my policy should they not recover the fund from him. I'd have lost 2years NCB and paid £500 excess. No chance.

The latest in my situation is that I've had the repair done (which I'm extremely happy with btw!) and am in the process of collecting together all the estimates / statements / bills etc to send to him. I'm hoping it doesn't come to the small claims court situation, but it is a possibility should he not play ball.
Best of luck with yours BTW, what gets me is although we're not entirely to blame - it's the driver of the car that has to do all the leg work, not the cyclist or other party involved.

Keep us up to date on your progress anyways.