Bike accident without insurance

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Fat and fifty

Well-Known Member
Hello, my husband has had an accident he misjudged speed of car, by the time he looked left thought he had time to pull out the driver was feet from him, he rode out and she hit him. It was dark so not easy to tell how far away the car was. Hubby doesn’t have insurance but has just recieved a letter from hers. They are blaming hubby and want his car nsurance details nowhere in letter does it mention he was riding a bike. The police were called hubby went to hospital, paramedics and dr can’t believe his only injury was a bruised thigh bearing in mind it was on a max speed limit of 60 mph. New e-bike a right off. He has had 50 years of experience and never had anything like this before…. Any advice gladly accepted
 

PeteXXX

Cake or ice cream? The choice is endless ...
Location
Hamtun
Firstly, I'm glad that hubby isn't badly hurt!

Others may have better advice, but have you got personal liability or legal assistance on your house & contents insurance that might cover it or, at least, offer advice?
 

classic33

Leg End Member
There's a thread called Accident Advice on here. Read that and get the basics of what will be required.

I'd be tempted to contact the insurance company and say that the other vehicle involved was a bicycle. Sounds as though the driver may have not told their insurance company a bike was involved.

I'm assuming that the e-bike was unmodified and legal.
 

Sharky

Guru
Location
Kent
Insurance is all about claim, counter claim, mitigation and negotiation.

Has your hubby admitted liability?
Would it have happened if the car was going slower?
It was dark, so should have been going slower?

If any of these ring true, then hubby could counter claim for a new bike. The latter cost could be greater than the car repair costs. I can't imagine damage to the car being too excessive.

If the drivers insurance company doesn't have 100% confidence in winning the claim they could advise the driver to claim off his own fully comp insurance or to agree a knock for knock settlement.

Of course, I am completely unqualified to advise, but have been involved in a couple of insurance claims. One when I was knocked off my bike and one when a car went into the side of mine and claimed it was my fault! So maybe I have been exposed to some typical negotiations.

Find somebody who can advise, but don't assume liability too quickly.

Good luck
 

Seevio

Guru
Location
South Glos
I reckon that if it was actually hubby's fault, and he doesn't have insurance then he has to pay. Might be worth checking house and motor insurance if there is any cover available.

If you do have to pay out of your own pocket, you can still shop around and don't have to go to a garage approved by their insurance Co.

Your responsibility is to make good any damage hubby has caused. In the unlikely event that they are claiming a write off, do not rely on what the "book price" is, compare your own quotes for repairs against available replacements.
 

alicat

Legendary Member
Location
Staffs
What damage did your husband cause? That's the only thing the car driver can claim for....
 

PaulSB

Legendary Member
Based on the info given this was the cyclist's fault. I would say there is nothing more to do than be thankful he wasn't seriously injured or worse and pay the other party's costs.

If the roles were reversed it's what would be expected, though a driver would, hopefully, be insured.
 

Tom B

Guru
Location
Lancashire
Obviously this is a bit like locking the stable door once the horse has bolted, but the link below is a good option for a few quid with other benefits included.

https://www.britishcycling.org.uk/thirdpartyliability

Other options are available. :okay:

If hubby is a member of CTC/Cycle UK they offer 3rd Party Cover as part of membership, or if he is a Strava subscriber I think they offer cover via Sundays. Its a bit of a conversation stopper for the car types who throw the "bloody uninsured cyclists" argument at you.

IMHO The insurance is worth the £6 a month CTC / Cycle UK fee, some years ago I hit a cat (long story) and the woman somehow tacked me down and tried to make a claim against me for the cats vet bill. I initally thought she was taking the ....... so ignored it, then referred her to the response as given in Pressdram vs Arkell (appeared wasted on her) after about 18 months I got the impression she wasnt going to go away and worked for some ambo chasing pseudo law company, so directed her to the insurers having spoken to them. I think they also gave her the Pressdram vs Arkel response and other than growling at me in Tesco a few months ago when I asked her "hows the cat?" I havent heard a thing.

Run it past your home insurance.


Have they said what they're claiming? If its £200 its probably not worth arguing about.
 
D

Deleted member 26715

Guest
If the roles were reversed it's what would be expected, though a driver would, hopefully, be insured.

The difference is for a car to be driving on the road, insurance is a legal requirement, to cycle it's not.
 

Tom B

Guru
Location
Lancashire
The difference is for a car to be driving on the road, insurance is a legal requirement, to cycle it's not.

It is, IMHO, by and large a reflection of the risk. I can do a lot more damage with my car than I can with the bike, usually the bike (and rider) will come off worst (as in the OPs Case) and usually any damage to a vehicle, or other property will be relatively minor and much more affordable to pay. That is of course not tos say that a cyclist cannot cause a serious injury or indeed fatality.

The risk posed by a cyclist is much lower and thus, so are the premiums, its why third party insurance is a give away item with memberships of cycling groups. Looking at it a different way, my 3rd party cover via Cycle UK costs me £75 a year, it covers me, the missus and the kids for unlimited milage, i get a fee membership to an advocacy group, a few bi monthly mag, and access to discounts on goods that usually means the cost of the "insurance" is about £30 a year. Meanwhile, my car insurance is £265.

* it is important to remember that even though a person is not insured, that does not mean they are not liable. If you are hit by an uninsured driver (or rider) who is at fault, you can still claim against the individual - essentially via the small claims court, whether you see the money is a different matter - you cant get blood from a stone.


“If I had my way, I would write the word ‘insure’ over every door of every cottage and upon the blotting pad of every public man, because I am convinced that, for sacrifice that are conceivably small, families can be secured against catastrophes which otherwise would smash them forever.”

— W Churchill.
 

PaulSB

Legendary Member
The difference is for a car to be driving on the road, insurance is a legal requirement, to cycle it's not.

That's true but not my point. If the roles were reversed and the driver had pulled out in front of the cyclist he/she would be liable, either via insurance or privately to put the damage right.

It's the same situation here, the cyclist should pay the driver's costs.
 
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