Acquaintance injured by rider of illegal 'e-bike'.

[DaveReading]

The wattage is a grey area, many shop bought fully certified ebikes are delivering more than 800W of power with a current well over 20A.

What's your source for that?

My understanding is that the EAPC spec stipulates that to be legal the continuous rated power of the electric motor must not exceed 250W.

 

[Alex321]

His employers should be paying. If he lives at home and the house has insurance she may be able to make a claim there otherwise..

He will probably be self-employed, and household insurance cover doesn't generally cover you for business activities.

 

[Alex321]

What's your source for that?

My understanding is that the EAPC spec stipulates that to be legal the continuous rated power of the electric motor must not exceed 250W.

It is the difference between continuous rated power and maximum power. Most motors with a continuous rated power of 250W will have a peak power output of somewhere between 500W and 900W.

 

[T4tomo]

Even though the delivery drivers are self employed, i think there would be prospect of a claim against the Delivery company, they have to have public liability insurance, and its the act of their business being carred on that has contributed to the accident,so if no primary cover from the subcontracted driver/ rider then it should be possible to claim from them, but it wont be straigtforward.

 

[figbat]

I would have thought that unless any rider or delivery driver has taken out insurance cover for them to use their vehicle for work then they wouldn't be covered by their normal insurance? Normal insurance just covers you for driving to work and back and pleasure and not for carrying goods .

I just took a look at Deliveroo as an example. They require that if you're using a legal vehicle for deliveries then you need to have your own 'hire & reward' insurance cover. They do provide personal accident and public liability insurance cover for their delivery riders and drivers, but this is specifically for cyclists and for rider/drivers of legally-insured vehicles. It leaves a gap for those using illegal conveyances.

 

[icowden]

But, as she said, if he has no job, and no insurance, WHO is going to provide any compensation which might - possibly - be due to her? It's not 'herself' she's thinking about - her employer has a decent sick pay scheme and has of course reissued her holiday days - but the what ifs of the event. What if she'd received a life-changing injury?

If he was employed as a delivery driver, then he is insured by that company even if he has now been sacked. If no insurance can be found then it goes to the Criminal Injuries Compensation Authority. The bad news is that they tend to pay out much less money than an insurer would do.

 

[Drago]

Of course, if you're "driving otherwise in accordance with a licence" any insurance won't be valid. Licencing is the only scenario that voids insurance automatically (drink driving, dangerous driving etc does not).

 

[newts]

The hr team at any delivery company are failing in their duties if they're not getting proof of third party liability insurance/public liabilty insurance from each individual sub contractor. Risk assessments/method statements (which should include safe use of specific transport types & personal conduct) are also mandatory in most industries. The ambulance chasing claims companies will investigate all avenues for revenue be it main contractor or sub contractor.

 

[classic33]

The individual delivery riders are listed as self-employed. They aren't employed by any company, they are in charge of/responsible for submitting their own NI and tax.

How this helps the person injured I don't know.

 

[newts]

The individual delivery riders are listed as self-employed. They aren't employed by any company, they are in charge of/responsible for submitting their own NI and tax.

How this helps the person injured I don't know.

Self employed would be classed as a subcontractor, their insurance credentials & risk assessments etc should be checked rubber stamped by the main contractor before they are allowed to work. I feel sure that most of these delivery companies don't carry out theses checks. It would be checked by any legal claims team & if not satisfactory would give plenty of leverage to use against the main contractor.

 

[KnittyNorah]

Thanks, everyone, for thoughts, ponderings and suggestions. I will likely see this lady either tomorrow arvo or if not tomorrow, certainly at the weekend, and will ask how she is getting on with any claims/police activity and pass on useful suggestions from here and get well soon wishes from responsible cyclists, both e and otherwise.

 

[Slick]

The individual delivery riders are listed as self-employed. They aren't employed by any company, they are in charge of/responsible for submitting their own NI and tax.

How this helps the person injured I don't know.

Even that's a con if true.

IR35 was supposed to do away with all the fake self employed, as they obviously aren't by any stretch of the imagination.

 

[Alex321]

Even that's a con if true.

IR35 was supposed to do away with all the fake self employed, as they obviously aren't by any stretch of the imagination.

It was, an it largely did.

The del98very riders probably are genuinely self employed though.

 

[BoldonLad]

Even though the delivery drivers are self employed, i think there would be prospect of a claim against the Delivery company, they have to have public liability insurance, and its the act of their business being carred on that has contributed to the accident,so if no primary cover from the subcontracted driver/ rider then it should be possible to claim from them, but it wont be straigtforward.

I would agree. Not sure the “employer” will be able to squirm out that easily. Legal advice a good idea I would suggest.

 

[Slick]

It was, an it largely did.

The del98very riders probably are genuinely self employed though.

Probably besides the point, but it never even touched the sides, and I doubt very much they would satisfy any genuine test by HMRC.