who can claim cyclist or pedestian

Discussion in 'UK and Europe' started by den911, Aug 14, 2003.

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  1. den911

    den911 New Member

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    cycling down a stretch of road happily at 20 mph a rather large chap decided not to look in any direction and atempt to run across the road causing me to shout to be seen but to no affect , i then turned to the right to avoid him but no luck i hit him side on of the bike i came . he was down and out for a couple of mins came to with a bloody nose and jelly legs he obviously was at fault {witnessesalore }. while a freind of mine took me and my bike home ambulance came for pedestrian . i now have slight fracture of cheekbone nasty graze on left leg and elbow one knackered pedal and a rear buckled wheel i no the proceedure for car accident ., but i am really lost here what to do , apart from the obvious go and see a solicitor any advice from fellow cyclist . it seemed to me every body was intrested in pedestrian but not a care in the world for the cyclist , who in my opinion did nothing wrong this as really got to me can any one point me in wich direction to go because it seems to me i have been punished for something that was not my fault
     
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  2. "den911" <[email protected]> wrote in message news:[email protected]...

    > .. but i am really lost here what to do , apart from the obvious go and see a solicitor any advice
    > from fellow cyclist....

    People talk about compulsory insurance for cyclists, but there should be compulsory insurance for
    *peds* in my view.

    Perhaps the ped is covered by his household insurance for 3rd party?
     
  3. Ian

    Ian Guest

    den911 must be edykated coz e writed:

    > cycling down a stretch of road happily at 20 mph a rather large chap decided not to look in any
    > direction and atempt to run across the road causing me to shout to be seen but to no affect , i
    > then turned to the right to avoid him but no luck i hit him side on of the bike i came . he was
    > down and out for a couple of mins came to with a bloody nose and jelly legs he obviously was at
    > fault {witnessesalore }. while a freind of mine took me and my bike home ambulance came for
    > pedestrian . i now have slight fracture of cheekbone nasty graze on left leg and elbow one
    > knackered pedal and a rear buckled wheel i no the proceedure for car accident ., but i am really
    > lost here what to do , apart from the obvious go and see a solicitor any advice from fellow
    > cyclist . it seemed to me every body was intrested in pedestrian but not a care in the world for
    > the cyclist , who in my opinion did nothing wrong this as really got to me can any one point me
    > in wich direction to go because it seems to me i have been punished for something that was not
    > my fault
    >
    >
    >
    > --
    >> --------------------------<
    > Posted via cyclingforums.com http://www.cyclingforums.com
    Hangings to good for you, bloody cyclists, your all a menace! Don't even pay road tax!

    But seriously, try having a word with the Citizens Advice Bureau, I would think the ped should at
    least sort out your damaged vehicle and probably something for your discomfort, my make him more
    aware in the future.

    Good luck,

    Ian
     
  4. James

    James Guest

    "Adrian Boliston" <[email protected]> wrote in message
    news:[email protected]...
    > "den911" <[email protected]> wrote in message
    > news:[email protected]...
    >
    > > .. but i am really lost here what to do , apart from the obvious go and see a solicitor any
    > > advice from fellow cyclist....
    >
    > People talk about compulsory insurance for cyclists, but there should be compulsory insurance for
    > *peds* in my view.

    Can anyone recommend a good insurance policy for Cyclists ? (e.g Third Party / Fully comp in a
    similar way to Cars/Motorcycles) ?

    >
    > Perhaps the ped is covered by his household insurance for 3rd party?
     
  5. Tony W

    Tony W Guest

    "Ian" <[email protected]> wrote in message news:BB61D135.CADA%[email protected]...

    > Hangings to good for you, bloody cyclists, your all a menace! Don't even
    pay
    > road tax!
    >
    > But seriously, try having a word with the Citizens Advice Bureau, I would think the ped should at
    > least sort out your damaged vehicle and probably something for your discomfort, my make him more
    > aware in the future.

    or the CTC.
     
  6. Just Zis Guy

    Just Zis Guy Guest

    "James" <[email protected]> wrote in message
    news:[email protected]...

    > Can anyone recommend a good insurance policy for Cyclists ? (e.g Third
    Party
    > / Fully comp in a similar way to Cars/Motorcycles) ?

    I believe the CTC has such a scheme - I'll need to check the Mountain of Paperwork when I
    get home...

    --
    Guy
    ===

    WARNING: may contain traces of irony. Contents may settle after posting.
    http://www.chapmancentral.com
     
  7. Just Zis Guy

    Just Zis Guy Guest

    "den911" <[email protected]> wrote in message news:[email protected]...

    [snip numpty ped]

    At the risk of causing offence, if you had time to shout you arguably had time to brake. If you are
    confident you did everything you could to avoid the crash, I would consider a solicitor. Personally
    I would start with a fixed-fee interview (if you can find a solicitor who will do one) and establish
    how much you might be likely to get for the injuries (there is a formula for these things), and of
    course tot up the damage to the bike and clothing. If the sum is small you could write to the guy
    advising him that this is the amount you are claiming, and inviting him to settle up without further
    unpleasantness. Any such letter should be headed "without prejudice" (to any future claim).

    At this point he will either pay up, in which case you are Mr Happy, or he won't, in which case the
    Small Claims Procedure in the County Court is your friend.

    --
    Guy
    ===

    WARNING: may contain traces of irony. Contents may settle after posting.
    http://www.chapmancentral.com
     
  8. Robert Bruce

    Robert Bruce Guest

    "den911" <[email protected]> wrote

    > it seemed to me every body was intrested in pedestrian but not a care in the world for the cyclist
    > , who in my opinion did nothing wrong this as really got to me can any one point me in wich
    > direction to go because it seems to me i have been punished for something that was not my fault

    I was involved in a similar lemming pedestrian incident several years ago that left me with an
    irreparable front wheel and a knackered STI lever. The police officer that attended pointed out that
    pedestrians have more rights than other road users (I can sort of see the sense in this) and that
    everyone else has a duty to avoid them and even to expect them to do the unexpected. However,
    certain other factors should also be taken into account such as the amount of attention to the
    traffic that the pedestrian was paying, proximity of controlled crossing points (in my case the ped
    was crossing within 10 yards of a pelican crossing), etc. Ultimately no action was taken against
    either of us and I was advised that I might be able to sue the ped though I would probably get no
    payout if she didn't have personal liability insurance cover (most people have this as part of
    household insurance). However, since she was a refugee from East Africa with no nothing, let alone
    insurance cover, I decided to leave her alone to nurse her bruises - she really didn't need me being
    vindictive.

    --
    Rob

    Please keep conversations in the newsgroup so that all may contribute and benefit.
     
  9. Johnb

    Johnb Guest

    Malcolm Stewart wrote:

    > "Just zis Guy, you know?" <[email protected]> wrote in message
    > news:[email protected]...
    > > "den911" <[email protected]> wrote in message
    > > news:[email protected]...
    > >
    > > [snip numpty ped]
    > >
    > > At the risk of causing offence, if you had time to shout you arguably had time to brake.
    > snip
    >
    > ...and ring your bell? Perhaps he was deaf or hard of hearing.

    A similar collision occurred to me some years back when a ped stepped into the road. I had minimal
    time to brake or yell and ended up with a ride in an ambulance, but luckily no injuries. There were
    no witnesses just my word against the ped. the CTC took up the case and eventually the ped paid up
    for damage to my cycle and a respray.

    In this case the ped was not deaf, but blind in one eye.

    She was also carrying a black cat if that means anything.

    John B
     
  10. Peter Fox

    Peter Fox Guest

    Following on from den911's message. . .
    >cycling down a stretch of road happily at 20 mph a rather large chap decided not to look in any
    >direction and atempt to run across the road

    (1)Make sure you have good evidence of what happened and - get it in writing ASAP. (Many eyes make
    light work, get a number of witness statements if possible.)
    (2)Work out your actual damages - bent bike repair, time off work etc.
    (3)Get a solicitor to advise you on "General damages" - pain, hassle, unable to join in a
    long-anticipated event etc. (At this stage you don't need more legal representation or anybody to
    take on the case for you.) This is a bit 'think of a number'. Decide on a figure you think is
    reasonable.
    (4)Add 2+3 and write to the pedestrian (Insurance companies are irrelevant) listing the items and
    asking for payment in full. Give a deadline of noon on the Xth of September for payment to be
    received otherwise you will go to the County Court (ie Small claims) the costs of which will be
    added to the bill.
    (5)To claim in the small claims court is quite easy if a little bothersome. (Number in the phone
    book) Attach items 1 and 4 to the claim plus costs of photocopying.

    NB If you suspect you may have any long-term health effects then things get much more
    complicated and you shouldn't just settle ASAP because that would be once and for all. Good
    evidence of fault (ie. item
    1) will mean you could go no-win-no-fee.

    --
    PETER FOX Not the same since the e-commerce business came to a .
     
  11. "den911" <[email protected]> wrote in message news:[email protected]...
    > cycling down a stretch of road happily at 20 mph a rather large chap decided not to look in any
    > direction and atempt to run across the road causing me to shout to be seen but to no affect , i
    > then turned to the right to avoid him but no luck i hit him side on of the bike i came . he was
    > down and out for a couple of mins came to with a bloody nose and jelly legs he obviously was at
    > fault {witnessesalore }. while a freind of mine took me and my bike home ambulance came for
    > pedestrian . i now have slight fracture of cheekbone nasty graze on left leg and elbow one
    > knackered pedal and a rear buckled wheel i no the proceedure for car accident ., but i am really
    > lost here what to do , apart from the obvious go and see a solicitor any advice from fellow
    > cyclist . it seemed to me every body was intrested in pedestrian but not a care in the world for
    > the cyclist , who in my opinion did nothing wrong this as really got to me can any one point me
    > in wich direction to go because it seems to me i have been punished for something that was not
    > my fault

    I've lost count of the times a blip on my airzound has stopped peds and vehicles dead in their
    tracks, (not literally) even a double-decker bus.

    KC
     
  12. zumbrunndbla

    zumbrunndbla New Member

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    What is an airzound? I would like to have one too.

    On the other hand: there is no license for pedestrians. Some of them are 6 years old, others are 85 years old. Some entered your country yesterday and have no clue (particularly if they find themselves in one of those exotic places with left side traffic). For cyclists this means: watch out for them! If any of them is a child, looks old and unstable, appears to be lost etc. keep an eye on them, be aware of the traffic so you know which direction to swerve if you are unable to break in time (fortunately pedestrians are quite a bit smaller than SUVs!).
    There are things you can do to avoid accidents where you are not at fault. For motor vehicles the concept is called defensive driving. Maybe we should introduce defensive riding. The bottom line is: to lose a little time avoiding an accident is better than having it. To yield where you have the right of way does not diminish your dignity.
     
  13. den911

    den911 New Member

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  14. den911

    den911 New Member

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  15. Craig.

    Craig. Guest

    "James" <[email protected]> wrote in message
    news:[email protected]...
    > "Adrian Boliston" <[email protected]> wrote in message
    > news:[email protected]...
    > > "den911" <[email protected]> wrote in message
    > > news:[email protected]...
    > >
    > > > .. but i am really lost here what to do , apart from the obvious go and see a solicitor any
    > > > advice from fellow cyclist....
    > >
    > > People talk about compulsory insurance for cyclists, but there should be compulsory insurance
    > > for *peds* in my view.
    >
    > Can anyone recommend a good insurance policy for Cyclists ? (e.g Third
    Party
    > / Fully comp in a similar way to Cars/Motorcycles) ?

    Join the BCF: http://www.bcf.uk.com/membership/index.html

    Craig.
     
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