So, who's at fault.

[martint235]

Can we move on to the wisdom of shared use paths?

Must we? I hate them with almost as much vitriol as I hate ASLs.

 

[theclaud]

Can we move on to the wisdom of shared use paths?

I sometimes think you might have a masochistic streak.

 

[young Ed]

no opinions needed her fault
it is the same as a T junction effectively those joining (her) have to give way
even if you wold have been whizzing along there at 50 mph, highly unlikely i hope, it could have been her fault but considering you were doing about 10 mph and you slowed down it was definitely her fault and you are by no means at fault
Cheers Ed

 

[400bhp]

Now that they are arguing, stop there. Phone a cyclist lawyer today then take it from there.

the arguments can be done by someone else.

fwiw, I got the driver of a car that hit me to give me £20 to cover the lbs cost of examining my bike. I had to chase him once for payment. I wouldnt have chased it twice, next call would have been solicitors and pursuit of full damages.

the driver has more to lose, in terms of insurance hassle (both the effect on future premiums plus the effect in the short term upon renewal while the case is still live).

 

[shouldbeinbed]

Ignore the husband & deal with the driver, be polite but firm and use whatever legal means necessary to ensure she pays out for not looking properly. I'd also suggest, once you've got the money, the residents that use that drive ensure the hedge is trimmed back so they can see clearly what is coming along the cycle path before pulling out willy nilly onto it.

 

[Linford]

You have right of way so they are at fault. A cyclepath is a highway in the same way that a road is and they are trying to enter it (i can't believe some people are trying to argue both sides of the fence with this and the ped thread though)

 

[Spinney]

Can you also claim for loss of use of your bike while it is being mended - and that this will take longer if you can't get the money? (i.e. you need them to pay up to get your wheel fixed).
Even if you have no intention of claiming for such a thing in reality, it might make the point that arguing over something that is clearly her fault can only result in the cost to them going up...

 

[simon the viking]

@Spinney made a good point myself I would try to claim at least 20p per mile (if they continue to refute fault) for commuting milage as you may have to use petrol for a trip you dont usally use the car for

 

[Linford]

Priority not right of way.

And the difference is ?

 

[Linford]

Misusing language makes communication difficult.

So nothing more than pedantery then ?

 

[Linford]

If someone on here told me that I was getting two words the wrong way around I would look it up to find out.
Right of way. Both parties have a right of way here, as in a legal right to go where they were going.
Priority. When interacting, one party gives priority to the other.
It gets confusing when people misuse right of way to the extent that they say someone hasn't got right of way, meaning they didn't have priority, in a situation where they clearly do have the right to go where they were going.

So that is where @User has been going wrong all this time with his Sig line...thanks for clearing that one up

WE 'ARE' A TEAM !!!!!!

 

[Bobby Mhor]

Not wishing to seem interfering, would it not be thoughtful to mask the car registration plate...esp on a public forum...

 

[betty swollocks]

I hate using this bit of shared pathway, but it's only 100 yds from home and saves me having to do a right turn in the middle of the road, with traffic roaring up behind me, accelerating from the lights.
Thanks for your input everyone. You've just confirmed that the other party (the driver) is wholly at fault, which is what I believed anyway.
As I said earlier, I am a member of 'British Cycling' and will use their legal services if I do not get satisfaction.

 

[Linford]

[QUOTE 2846708, member: 45"]I'm afraid that my quote from the HC only confirms what Adrian has said.[/quote]

Yer....but you have to understand precisely 'who' has priority at all times...and even then, you cannot actually give it away.....IE: flashing people out of a junction could be either showing courtesy, or (correctly) indicating a warning....the latter being factually correct

 

[Milzy]

I could see this one been a 50/50. You was aware what might happen, went into cautious mode, bled off your speed but still managed to get your wheel crushed? Hope she just gives you £100 cash.

Good day.