liability in accidents

[Johnno260]

Amazing how a chunk of metal, the car, takes precedence over the well being of another human being.

I am a cyclist but I drive to work every day at the moment, and I am not surprised, I have seen a car do a 3 point turn in the road without checking mirrors, the car turned across a cyclist who went over the bonnet, myself and others rushed to see if the person was ok, and to call 999 as he clearly wasn't, all the driver cared about was the dent in their car.

But saying that I had a lady open a door directly in front of me, they had parked facing in-coming traffic and I hit the door on the outside, she was lucky and managed to get her leg back in the car before the door slammed into it, my wheel and the door were wrecked, when her other 1/2 got out the car I thought I was in for it, but he apologised and gave me his details to get my wheel sorted out, which he did do, so not all are bad.

 

[glasgowcyclist]

And be penalised for something that wasn't their fault?

But the driver may well have an excess in place and/or may lose some NCB if it is not protected.

I did write "if all else fails".

 

[SpokeyDokey]

I did write "if all else fails".

Fair enough.

Wasn't a toot at you btw.

 

[vickster]

I guess we'll know more if the OP comes back

 

[Lozz360]

I am not sure you are correct.

As parent or guardian I think you are responsible in Tort for the actions of those in your care. If you choose to let your child go out unsupervised, you are still responsible ( in negligence) for any acts she commits.

I am sure other lawyers on here will correct me as its a long time since I dealt with anything civil.

Exactly. Are you not liable if your dog courses an accident? (I'm not a lawyer BTW)

Edit: If I was a lawyer, I would probably spell "causes" correctly!

 

[spen666]

Exactly. Are you not liable if your dog courses an accident? (I'm not a lawyer BTW)

My dog can't ride a bike, so I am not too worried on this aspect

 

[Milkfloat]

Exactly. Are you not liable if your dog courses an accident? (I'm not a lawyer BTW)

You are - but not your cat.

 

[Milkfloat]

My dog can't ride a bike, so I am not too worried on this aspect

 

[spen666]

You are - but not your cat.

I know my cat is not liable for the actions of my dog

 

[jefmcg]

Imagine if it was the other way around.

I've been there. I was driving in a residential street and a little kid (younger than 12 maybe 7 or 8) not in control of his bike was wobbling all over the road. I stopped completely and he wobbled into me. I was horrified: my car had just been in a collision with a child on a bike! (I wasn't moving, so it was the same as if he collided with a fence, but it didn't feel like that). My only interest was that he was ok. I didn't even look for damage until I got home.

How much damage can a child do without injuring himself? Not a lot, I think. They don't have the inertia.

 

[Milkfloat]

I know my cat is not liable for the actions of my dog

 

[Lozz360]

Hello looking for advice here.
My son was cycling home from school one day. A motorist stopped suddenly in front of him in her car. My son didn't break in time. Unfortunately my son's handlebars put a slight dent and scratch in her car. Luckily my son was OK, but the lady is claiming I am liable for the damage. Does anyone know where the law lies as I don't have insurance for my son to ride into the back of someone's car.

Didn't or couldn't? If a car stops suddenly in front of you, you would most likely struggle to stop on a cycle in time IMO. Many years ago, I was descending on the bike and a car overtook and then immediately pulled over to the left against the kerb in order to turn right! I had no where to go, luckily I did stop in time but if I had of run into the back of the car, I can't see how I could have otherwise avoided it.

 

[KnackeredBike]

Didn't or couldn't? If a car stops suddenly in front of you, you would most likely struggle to stop on a cycle in time IMO. Many years ago, I was descending on the bike and a car overtook and then immediately pulled over to the left against the kerb in order to turn right! I had no where to go, luckily I did stop in time but if I had of run into the back of the car, I can't see how I could have otherwise avoided it.

Indeed. Unless liability is clear cut there is a good chance her insurer would just settle it on a knock-for-knock basis rather than go through lots of bother to recover not very much money.

That said certainly when I was younger my parents would receive a sanitised version of my misadventures and it's possible the car driver has a good reason for wanting to be reimbursed.

 

[Smokin Joe]

If you run into the back of someone you need to have a damn good reason to show it wasn't your fault, and for that you'd need witnesses to testify that the driver did something reckless immediately before the collision, such as overtaking and cutting in without sufficient room. Claiming the driver braked suddenly won't wash, cars sometimes have to and it is for the following vehicle to leave enough distance for themselves to stop.

I speak as someone who spent two decades as a driving instructor and got rear ended at least half a dozen times (Something every ADI will have experienced a few times), on one occasion it happened twice in 90 minutes. All cases resulted in the other party's insurers paying up without quibble.

 

[KnackeredBike]

If you run into the back of someone you need to have a damn good reason to show it wasn't your fault, and for that you'd need witnesses to testify that the driver did something reckless immediately before the collision, such as overtaking and cutting in without sufficient room.

The rules of car-car collisions don't necessarily translate over to bike-car collisions, there are plenty of places where the road layout means that a car can move into the path of a cyclists if they then slam on the anchors when a metre in front of you you have no chance of stopping with pushbike brakes.

For instance I have had more near misses at this abortion of a junction than I care to mention when drivers try to overtake immediately before the roundabout.

https://www.google.co.uk/maps/@51.7...S2plKKVtb1_PUEqhcw!2e0!7i13312!8i6656!6m1!1e1