Cyclist causes £550 damage to my car

[apn8keh]

Hi everyone,

This is my first post was trying to find evidence of people successfully claiming for vehicle damage caused by cyclists not insured & hope you guys can help.

At 8.00am today a guy knocks on the door saying he has hit my car and rolled onto its bonnet & did I want to inspect for damage. He'd dented the bonnet & wrecked the bumper, causing £550 damage. He said he couldn't see my car because he had rain on his glasses! We are half way down a steep hill & he was clearly doing speed to do so much damage. I called him tonight & he said he has broken his collarbone. I said he should pay to repair my car & he said his home insurance had advised him to pay nothing & to make me claim on my car insurance. My insurers have said they will make no effort to recoup damages from him & I will have to pay £175 excess & lose my no claims bonus. They said I'd have been better if another car had caused the damage! I think I have a good case to take him to the small claims & will send him a letter asking him to make full payment directly to the garage or face court. I propose to give him 7 days to contact me to arrange payment of the repairs. Is that enough? Can they really find me liable for damage to him given that my car was parked in its usual position in a row of cars in a residential area? Can he countersue me for his collarbone? Public liability should be compulsory for cyclists!

Any advice greatfully received.

[apn8keh]

Sorry, please move if its in the wrong forum!

[apn8keh]

Hi everyone,

This is my first post was trying to find evidence of people successfully claiming for vehicle damage caused by cyclists not insured & hope you guys can help.

At 8.00am today a guy knocks on the door saying he has hit my car and rolled onto its bonnet & did I want to inspect for damage. He'd dented the bonnet & wrecked the bumper, causing £550 damage. He said he couldn't see my car because he had rain on his glasses! We are half way down a steep hill & he was clearly doing speed to do so much damage. I called him tonight & he said he has broken his collarbone. I said he should pay to repair my car & he said his home insurance had advised him to pay nothing & to make me claim on my car insurance. My insurers have said they will make no effort to recoup damages from him & I will have to pay £175 excess & lose my no claims bonus. They said I'd have been better if another car had caused the damage! I think I have a good case to take him to the small claims & will send him a letter asking him to make full payment directly to the garage or face court. I propose to give him 7 days to contact me to arrange payment of the repairs. Is that enough? Can they really find me liable for damage to him given that my car was parked in its usual position in a row of cars in a residential area? Can he countersue me for his collarbone? Public liability should be compulsory for cyclists!

Any advice greatfully received.

[Helford]

Normally, a household buildings and/or contents policy will include a 'Families Liabilities' section to cover persons resident at that address for their legal liabilities arising from their actions. e.g. Allowing a dog to stray and causing a road traffic accident, poking somebody in the eye with an umbrella etc. The domestic insurer will not encourage a claim to be made, indeed you do not make a liability claim, but if a claim is made against the householder then the householder reports it tothe insurer and they deal.

It seems to me that a Letter before Action is called for, in the same manner as if the damage was caused by another motorist.

As an aside, an elderly uncle of mine who was a bit 'absent minded' stepped into the road and caused a minor road traffic accident, he was sued successfully by the motorist under the above arrangement.

H

[crash3903]

My insurers have said they will make no effort to recoup damages from him & I will have to pay £175 excess & lose my no claims bonus. They said I'd have been better if another car had caused the damage!

Typical insurance response - I had a vehicle stolen in November 2007 and lost 2 years because the insurance company had "No third party to claim against".

I am sure some-one with more knowledge of this will be along soon but I get really p***ed with the insurance companies!

[ScarletPimpernel]

There's nothing to stop you bringing a claim against him. I'd be inclined to start off with a polite letter inviting him to pay for the damage he's caused within 7 days. If you don't get a satisfactory reply, send a LBA, mentioning the other costs that will be included. I suspect he'll be on the phone to his insurers very rapidly to get them to change their mind, but even if they don't, how he deals with it is a matter for him.

[crash3903]

Excuse me but where has my post gone????????????????????? ?????

[Lula]

Crash, not sure what you mean?

[crash3903]

I submitted a reply and it has been deleted?????????????????? ?

[Lula]

no, the OP has posted three different times with the same title, I will get them all merged

[crash3903]

right thanks

[mooreda]

Do you have Legal Expenses with your Car Insurance? - I am sure your Legal Cover could pursue the matter for you.

[crash3903]

Originally Posted by mooreda

Do you have Legal Expenses with your Car Insurance? - I am sure your Legal Cover could pursue the matter for you.

Good point - Scales tipped

[slick132]

Hi apn8keh,

Option 1 - Get 2 quotes for repairs and send copies to biker asking for payment to cover. If not paid, issue Court Claim for repair costs including out of pocket expenses.

Option 2 - Get your ins'ce to repair and, if your ins'ce won't pursue for you, sue biker for cost of No Claims bonus lost plus OOP exps.

[crash3903]

Originally Posted by slick132

Hi Crash,

Option 1 - Get 2 quotes for repairs and send copies to biker asking for payment to cover. If not paid, issue Court Claim for repair costs including out of pocket expenses.

Option 2 - Get your ins'ce to repair and, if your ins'ce won't pursue for you, sue biker for cost of No Claims bonus lost plus OOP exps.

Don't you mean "Hi apn8keh"

[MilkTrayMan]

Originally Posted by apn8keh

...At 8.00am today a guy knocks on the door saying he has hit my car and rolled onto its bonnet & did I want to inspect for damage...I called him tonight & he said he has broken his collarbone...

I think that it was very admirable for the cyclist to own up like he did.
He must have been in immense pain after his accident + for him to put that to the back of his mind + to think of others before himself does his cause no end of good in MY eyes.

How many of us have been victims of other car drivers, who have caused damage to our car in a supermarket carpark + simply driven off, leaving NO details whatsoever??

If it was MY car that had been damaged by the cyclist, I would be sorely tempted to reward his honesty, by offering to go AT LEAST 50-50 with him on it's repair bill.


...

[apn8keh]

Cheers for the replys, just a bit of an update. I have informed the police that the cyclist was injured & they think it needs to be recorded as a road traffic accident so I need to take all of my documents down to the station. The PC thinks I should pressure my insurers to pursue his household insurance to claim against his public liability.

I think they would only consider this if I paid my excess & then it is too late if they don't get the money, I have a fault claim. The only thing that worries me is that my car was parked against the flow of traffic & that if you consider 8.00am night time I was breaking the law. There are only houses on one side of the road, the other side is parkland so nobody ever parks on that side of the road. To park in the flow of traffic would require me to park as the only car on the other side, causing traffic to weave around me or perform a 3 point turn every morning in rush hour. Do you think potentially I could get accused of causing him to hit me?