Thoughts please on liability - crash in race training

[Dave Davenport]

It's a racing accident. It's the risk you take, if you can't afford damage to your kit then don't take it to the race.
I wouldn't offer anything for the damage.

+1

 

[gds58]

It's a racing accident. It's the risk you take, if you can't afford damage to your kit then don't take it to the race.
I wouldn't offer anything for the damage.

+2 the whole thing is ridiculous. These type of incidents happen all the time in training and racing and we have to accept that it's not always easy to apportion blame and as such we have to just take it on the chin and get on with it. Kids or not!

 

[mickle]

HOW MUCH!?!?!! Who spends £900 (£675 or whatever) on a kids frame??

 

[Scoosh]

Is it worth contacting BC and asking them ?

 

[vickster]

Did I not read a post on a different matter that BC does not engage in cases between members?

Looks like it, but might be worth seeing of they'll advise

What is not covered?

Important exclusions include:

• business use (eg cycle courier) but commuting is covered.
• deliberate acts.
• member to member liability (claims made against one British Cycling member by another) such as:

• one member against another in a cycling competition, race, time trial or timed event(5)

• any liability directly or indirectly caused to a member’s immediate family arising from either social or competitive cycling events
• claims against members who are not resident in Great Britain, Northern Ireland, the Isle of Man, or the Channel Islands

http://www.britishcycling.org.uk/membership/article/memst-Third-Party-Liability-Insurance-0

Hope it gets sorted

 

[screenman]

HOW MUCH!?!?!! Who spends £900 (£675 or whatever) on a kids frame??

Poor people, when compared with what some people spend on go cart racing or MotoX

 

[DCLane]

@vickster @Scoosh @gds58 @Dave Davenport @Fab Foodie @Lanzecki @marzjennings @JoeyB @zizou @PK99 - thanks for your comments.

Have the parents actually told you they want you to pay for the bike in full?

Part of me is saying make an offer but the biggest part says they were in a racing environment even if they where not actually racing it certainly sounds like they were at the very least practicing racing and as such they have to assume and expect accidents and or crashes that may involve damage to possessions and or any children.

I do think you should discuss it more with the instructors.

I did when I was there; the instructors view was that it was a 'racing accident'.

They are just kids so its hard to be harsh on them doing something daft but from the description Child A is the one at fault. You just dont do that sort of thing riding in a group plus IMO even if he had shouted out "short turn" then i'd take that to mean doing a short turn on the front, not actually turning and cutting the course short.

In any case if the frame is carbon it can be repaired these days for much cheaper than it would cost to replace the frame.

True to both. Thanks.

I think you need to talk to the organisers of the training session and see what they think are the liabilities in this situation.

@summerdays - I'll see what Child A's parents' response is, but I'm probably going to do this. My son's only been going about 8 months but their events are busy with lots of riders.

HOW MUCH!?!?!! Who spends £900 (£675 or whatever) on a kids frame??

Quite a lot of parents, from what I see on a Tuesday evening and at races. We'd set a budget of £600 for my youngest's next bike, offset by what he has now.

I'm awaiting progress, so we'll see what happens next. Hopefully the frame can be repaired and, as a gesture of goodwill, I'm happy to contribute to this.

This evening I took my son out for a ride; he was clearly rattled by what had happened. After a few minutes he calmed down and was OK. The plan is to take him on my 'short' club run on Saturday which I hope will help and he's done the route once before.

 

[summerdays]

This evening I took my son out for a ride; he was clearly rattled by what had happened. After a few minutes he calmed down and was OK. The plan is to take him on my 'short' club run on Saturday which I hope will help and he's done the route once before.

I'm glad you are taking him out quickly afterwards. My son had a major off more than a year ago, and I didn't get him out very soon afterwards, and unfortunately he's lost his confidence and enjoyment on the bike for now.

 

[DCLane]

Update:

I've had a response. The frame's been checked and may be repairable; it's got a small crack in the chainstay.

My son's bike did have a problem last night. He said his brakes weren't working fully - and I checked there and at home. One of the brake blocks had broken in half but the brakes worked well on the front and OK on the back. However, he said he didn't have a chance to even brake.

I'll deal with it tomorrow as there's naturally an upset other child and I'd hope for a 'best' solution.

 

[fossyant]

It's though sh1t. That's how it works. You race or train on top kit and crash, then whoop de doo. That's the sport.

Has all ways been this way. No claim against other riders. That's the gamble. Ride what you can afford to fix

 

[fossyant]

PS it's kids as has been said. Don't ride a bike if you can't take a hit. It's not primary school

 

[fossyant]

The other parent needs to get a life. cycling is not for pansies. Crashes are guaranteed.

 

[Beebo]

I think people are getting hung up on the money here.
If the kid fell off but just ripped his £30 shorts no one would worry about it, and it would be put down to a racing incident.
The fact that it is a £600 frame suddenly concentrates minds.
What if the kid had a £6,000 bike, what would you do then?

 

[Profpointy]

I think people are getting hung up on the money here.
If the kid fell off but just ripped his £30 shorts no one would worry about it, and it would be put down to a racing incident.
The fact that it is a £600 frame suddenly concentrates minds.
What if the kid had a £6,000 bike, what would you do then?

the position is the same liability wise - just as it would be if kid was paralised and was after two million. Doesn't make the organisers nor the OP's kid liable - and if they're not liable their insurance (if any) won't pay

 

[DCLane]

@fossyant @Profpointy & @Beebo - thanks.

I've replied to the parent and suggested I contribute towards the repair/replacement as a 'gesture of goodwill' but I'm not prepared to cover the full cost as Child A decided to not follow the instructions given. The actual cost is irrelevant, although that he's using a very expensive bike to train on which isn't insured surprised me.

Whilst I appreciate it's a racing incident they have to train/race together - although currently in different age categories. As my son's only been there a few months I'd prefer to find an amicable solution rather than just tell Child A's parent "no". He's 9 and showing an interest which I want to encourage.

I'll keep you updated ...