Accident with car on bike - insurance wont pay out

[chang]

I'll refuse to pay or go silent on them and see if that magically produces an insurance payment. The guy said he was self employed and that it 'had been a good year' so they're not broke, not that they should have to pay though.

 

Can I get them to send me the bill from the garage and then it's a company I have to deal with?

 

The car belongs to their mother/in-law and so it will be her who pays it. I'm guessing this wont bankrupt her, and their claims that they can't afford to pay this either is just their way of (quite rightly) saying we shouldn't have to pay for this.

 

I think they should have been insured for this. Could I perhaps argue that and say I'll pay half over time?

 

Fingers crossed the bill wont be too hefty.

 

You know, as a cyclist I feel very hard done by. I've had numerous bikes vandalised/stolen many times and had to cough up for the repair/replacement every time! And the only reason I was weaving in and out the traffic yesterday is that on this stretch of road there are always cars who hug the pavement because they think that will reduce the time it takes for them to reach the junction and turn left. The women who owned the car said to me that 'she doesn't like cyclists' and normally I'd have bitten her head of and given her a lecture on car drivers but this time I was in the wrong. It was all pretty amicable really, but when they realise I can't pay them up front then I think things are going to probably get less friendly. I will try to keep things civil, I do feel bad for them, it was my fault.

 

I don't really get why the insurance wont pay because if this had been an act of vandalism then they surely would have? Surely on the strength of that they should pay out and then seek recompense from me?

[angrycrow]

From the info you have given so far the car belongs to the drivers mother/mother in law and is insured by her for her use only.

 

The driver on the day was borrowing the car and I assume using the "driving other cars section of their own policy" which only covers them for damage to other people not to the vehicle (TPO cover).

 

This means the driver at the time has no insurance for damage to the vehicle. The mother/mother in laws insurance only covers the car when she is driving it, not the driver so her insurers will not pay as she was not driving at the time of the accident.

 

If this assumption is correct there is nothing that can be done to make the insurers pay out as there is no cover for damage to the car at the time of the accident.

 

It always amazes me that people will borrow a friend or relatives £12000 plus car and then drive it with only TPO cover. What would they say to the owner if they wrote the car off in a fault accident. But thats just my opinion.

[chang]

So I'm still liable then? Can I throw this back at them and say, well you should have been insured as well.

[angrycrow]

No this can not be used as a defence as they had the minimum level (TPO cover) of insurance required to drive the vehicle on the public roads just not comprehensive (covers damage to the vehicle) insurance which is optional.

[chang]

OK. Well I guess I'll find out soon enough what the bad news is..

[miley_b ob]

If the worst comes to the worst can I get some sort of loan form the government to pay him off and pay it back slowly?

 

 

No the government don't give loans out for such things.

[chang]

No the government don't give loans out for such things.

 

Isn't there a charity in Scotland that give grants or loans out for various reasons, I'm sure I saw an advert a while back, can't remember what it was though.

[unclebulgaria67]

Did this car in front of you brake before you hit it ?

 

If the answer is yes, if I were in your position, I would change my mind very quickly and deny any liability. You can just say that you were confused after an accident and now don't believe that you were at fault.

 

You could be looking at a repair of £1000 plus and you have no control over it. If you admit liability in writing, you will be responsible for paying whatever the repair bill is. If the windscreen was broken, glass could have damaged other paintwork and the interior of the car.

 

The third party won't be able to do much, if you deny liability. I can't see them going to court.

[chang]

They were stationary. I could try denying liability, I haven't admitted any liability in writing or to the police. I think it happened because there was a small rock on the rock, that part of the road is very uneven there. Call their bluff? If it's a few hundred I'll be more content but >£1k... yeah...

[unclebulgaria67]

They were stationary. I could try denying liability, I haven't admitted any liability in writing or to the police. I think it happened because there was a small rock on the rock, that part of the road is very uneven there. Call their bluff? If it's a few hundred I'll be more content but >£1k... yeah...

 

Don't start negotiating anything. Just tell them that you have now thought about it and deny any liability.

 

Were there any independent third party witnesses ?

 

In an ideal world, you would both have insurance and they would sort it out. But this is not the case.

[chang]

Guy in the car behind saw everything, but he left the scene so there will be no third party witnesses and no cameras I think.

 

Shall I deny liability when the guy calls me or tell him I am taking advice and will get back to him. Should I rerecord my sequence of events to the police, that I was confused and now that I remember I did hit a rock which caused me to come of the bike. Surely in that instance the local council are therefore liable?

[unclebulgaria67]

Guy in the car behind saw everything, but he left the scene so there will be no third party witnesses and no cameras I think.

 

Shall I deny liability when the guy calls me or tell him I am taking advice and will get back to him. Should I rerecord my sequence of events to the police, that I was confused and now that I remember I did hit a rock which caused me to come of the bike. Surely in that instance the local council are therefore liable?

 

Yes just deny any liability, as you don't think you did anything which was negligent. From memory, you believe there was a small rock in the road and this led to you coming off the bike. Then leave it at that. It is up to them to decide how they can pursue the matter any further.

[chang]

Should I complain to the council about the state of the roads there, and mention this?

[unclebulgaria67]

Should I complain to the council about the state of the roads there, and mention this?

 

Yes if the road was in a poor state and caused you to come off the bike.

[chang]

Ok, will I mention this to the guy and in the letter to the council will I ask for compensation? I didn't mention this to the police yesterday, but I was in a bit of a state and confused, and they didn't ask me many questions about it. I don't have the police incident number, should I get that first?

[unclebulgaria67]

Ok, will I mention this to the guy and in the letter to the council will I ask for compensation? I didn't mention this to the police yesterday, but I was in a bit of a state and confused, and they didn't ask me many questions about it. I don't have the police incident number, should I get that first?

 

The council will have an official process about claiming from them due to road conditions. Ask them about it. I suspect that they have a form they send out, which you send back with the details.

 

You don't need a Police incident number, as I don't think anyone was injured and they said it was purely a civil matter.

[chang]

I was injured, not seriously, but I could have been. I went back to the scene today and took pics of the road surface which is in a truly appalling state, and I found a rock by the side of the road near where I came off my bike so I reckon that's what happened.

 

Guy phoned me today and said it's going to cost about a grand, and I told him I wasn't accepting liability. Predictably he was none too happy about this and is threatening to take it to the small claims court. Also was complaining about having to bring up kids, yet I'm sure the car his wife was driving was her/his mothers so this shouldn't affect them. I feel bad for them but it actually wasn't my fault.

 

So how do I go about complaining to the council? Do I need to mention this to the police?

[ims21]

I would be inclined to think very carefully about anything that could be seen as not only economical with the truth , but may even be untruthful.

 

Remember the saying "The Truth Will Out".

 

I throw this in just as a measure of caution for the OP.

[unclebulgaria67]

I was injured, not seriously, but I could have been. I went back to the scene today and took pics of the road surface which is in a truly appalling state, and I found a rock by the side of the road near where I came off my bike so I reckon that's what happened.

 

Guy phoned me today and said it's going to cost about a grand, and I told him I wasn't accepting liability. Predictably he was none too happy about this and is threatening to take it to the small claims court. Also was complaining about having to bring up kids, yet I'm sure the car his wife was driving was her/his mothers so this shouldn't affect them. I feel bad for them but it actually wasn't my fault.

 

So how do I go about complaining to the council? Do I need to mention this to the police?

 

The council will have a roads department that deals with accidents as a result of road conditions. Go to your councils website and you will find details of whom you need to contact. Then find out what they require for your complaint to be looked into. As I said earlier the council may have a form for you to complete, which you send back with any evidence. e.g photos.

 

You don't need to involve the Police.

[chang]

Noone can deny that the road on that particular stretch is a mess. I can't say for certain that a rock or this rock caused my wheel to lose grip as I was turning and result in me coming off my bike, but I really think it's plausible. The more I think about it the more it makes sense. Should I raise a complaint on the basis of that? I don't think that's being in any way dishonest or economical with the truth. I can neither prove this any more than anyone can disprove it.

 

I went back today to have a look and sure enough there was a rock about the right size and shape to send the front wheel of a bike sideways if hit at the wrong angle sitting at the side of the road.

 

I am a very careful cyclist and a good judge of speed etc. so for something like this to just happen suddenly is a bit unusual.

 

It might look suspicious that I am going back and finding this rock, but bearing in mind the state of the roads it's not a theory that can be easily discounted IMO

Edited September 12, 2014 by chang

[unclebulgaria67]

Noone can deny that the road on that particular stretch is a mess. I can't say for certain that a rock or this rock caused my wheel to lose grip as I was turning and result in me coming off my bike, but I really think it's plausible. The more I think about it the more it makes sense. Should I raise a complaint on the basis of that? I don't think that's being in any way dishonest or economical with the truth. I can neither prove this any more than anyone can disprove it.

 

I went back today to have a look and sure enough there was a rock about the right size and shape to send the front wheel of a bike sideways if hit at the wrong angle sitting at the side of the road.

 

I am a very careful cyclist and a good judge of speed etc. so for something like this to just happen suddenly is a bit unusual.

 

It might look suspicious that I am going back and finding this rock, but bearing in mind the state of the roads it's not a theory that can be easily discounted IMO

 

There is no point keep asking similar questions. You are the only one who has seen the road conditions and who had this accident. Don't make it more complicated than it needs to be.

 

Yes what you have said appears to be a reasonable explanation for the accident. Make sure you have good pictures which show what the road was like, with stones on the road surface. Make sure you do complain to the council, as that may help you, in the unlikely event the car driver takes you to court.

 

I seriously doubt that the third party will issue a small claim court claim against you. But if they did, it would really help you, if you can evidence the state of the road and that you had made the complaint to the council. This might stop you being held liable.

[chang]

Why do you think it's unlikely they will take me to court? They seemed pretty sure about it on the phone today.

[king12345]

I would do the decent thing of paying for the damage, even if with £10 week.

If you can get the money back from the council then you're lucky.

In any case, think about the all situation from their point of view:

They were stationary and you hit them.

Now they need a new tailgate.

You sound like a decent and honest person who took responsibility, stopped at the scene and exchanged details.

Just keep on track with your character and pay up.

Karma is around the corner.

Again, if the council holds some responsibility then you can recover your losses, but if I were you I would pay for the damage

[chang]

I would do the decent thing of paying for the damage, even if with £10 week.

If you can get the money back from the council then you're lucky.

In any case, think about the all situation from their point of view:

They were stationary and you hit them.

Now they need a new tailgate.

You sound like a decent and honest person who took responsibility, stopped at the scene and exchanged details.

Just keep on track with your character and pay up.

Karma is around the corner.

Again, if the council holds some responsibility then you can recover your losses, but if I were you I would pay for the damage

 

It was neither of our faults and they are more in a position to bear the cost than I am, a lot more. Why should I stump up for something I'm not to blame for?

 

It all happened so fast and i felt so bad about it but having had time to think about it I think the council are actually liable for this. I have always had concerns about that particular stretch of road and you have to have your wits about you in any vehicle there.

 

The details about when things happen often don't become clear until after, when the initial shock has worn off. I now it all sounds like a story and I came here to see if there was a solution to this current problem and through doing so I have realised that I might not actually be to blame here.

 

In any case, if they do decide to take court action where do I stand? If it's not looking good at that time I can always do as you just said and offer something, but continue with my case with the council. I'm not sure how far that will get me or long it will take, I might be agreeing to pay for the damage for something that isn't my fault and end up seriously out of pocket for no good reason.

[chang]

And you know what else? I'm not buying this needs a whole new tailgate theory either. Metal can be heated and moulded into all kinds of shapes quite easily.