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Bicycle collision with car at pedestrian crossing - who is at fault? Watch

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    (Original post by Dez)
    Okay, that makes morse sense now.

    If it was a toucan crossing then you are in the clear I think, the driver should have been able to stop to avoid a collision. If it was an ordinary pedestrian crossing then she could argue that you were not meant to be there, but on the other hand if you'd been walking across and she hit you the case would be 100% cut and dry, pedestrians always have right of way.

    You shouldn't have admitted fault, but if the other party did as well I don't think she'll be able to hold it against you.

    IMO you should not pay, there simply isn't enough evidence and the burden of proof would be on the driver to show that you didn't give her enough time to react. And if she isn't reporting it to her insurer, that's even more dodgy, so best to keep clear of whatever she's up to.
    I think my main plan of action now is too just not respond to her and see what happens. I'm not going to give her money just because she says its my fault - if she's adamant thats she's not going to claim it back through her insurance then she'll need to get some legal reason of my needing to pay for the repairs.
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    (Original post by ClaryK)
    she'll need to get some legal reason of my needing to pay for the repairs.
    That would be you causing the damage.
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    (Original post by Good bloke)
    That would be you causing the damage.
    Yes but as in I require more than her just telling me to pay her, I would want an official letter or something along those lines - I don't know how it would work, if her insurance company would need to look into it but her simply telling me that I'll need to give her the money isnt enough when she's able to get the money back through her insurance.
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    (Original post by Good bloke)
    The car must have been driving towards the crossing, or the accident could not have happened, and I am aware of only one bike, one car and one pedestrian. Let's go through this:

    Car drives towards crossing, lights green.

    Pedestrian leaps out and crosses (against red pedestrian lights). Driver alarmed and swears, possibly slows, Attention follows pedestrian.

    Bike approaches crossing, overlapping with last step - does driver see it? With eyes naturally fixed on idiot pedestrian, I don't think so.

    Bike crosses, not seeing car (or even looking for it). Driver still looking at pedestrian, probably until final millisecond.

    Bike and car collide.

    The very thing that the cyclist thinks meant it was safe for him to cross (the pedestrian ahead) made it more dangerous for him.
    Car driver sees pedestrian run out at a crossing (which is followed by a blind bend), slams on brakes.

    What would be the reasonable response in that case:
    - stare to the right while approaching a crossing and a blind bend
    - slow down and be on the lookout for similar hazards

    I'm not buying it sorry. She wasn't paying attention, she hasn't reported an accident to her insurance and she's trying to extort money out of the person she hit. If she was confident that she was faultless she would go to her insurer and get them to recover the costs from the OP...the fact that she admitted she wasn't paying attention to the road ahead and is trying to extor money privately is dodgy.

    As I said if I was the OP I would call her bluff and go after her with a no win no fee claim company for the injury and force her to get her insurer involved - in which case the maximum the OP would be paying would be her excess.
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    (Original post by ClaryK)
    her simply telling me that I'll need to give her the money isnt enough when she's able to get the money back through her insurance.
    I don't think you understand how insurance works and its purpose. It exists to enable the recovery of damages that would otherwise not be reclaimable. In this case they are reclaimable - from you. She would expect to make a claim on insurance only if you were proved not to be at fault, or if you absconded without paying or went bankrupt.

    If she did claim on insurance she would expect and facilitate her insurance company to chase you to reclaim their costs, and then reinstate her BCD.
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    (Original post by ClaryK)
    I think my main plan of action now is too just not respond to her and see what happens. I'm not going to give her money just because she says its my fault - if she's adamant thats she's not going to claim it back through her insurance then she'll need to get some legal reason of my needing to pay for the repairs.
    If you do want to insure your bike then https://www.eta.co.uk/insurance/cycle/ have been excellent (and reasonably priced) in my experience (although you'll need a badass approved bike lock for the theft cover).
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    (Original post by PQ)
    Car driver sees pedestrian run out at a crossing (which is followed by a blind bend), slams on brakes.
    We have no knowledge of when braking occurred, or to what extent. My suspicion is very little on the pedestrian's account.


    (Original post by PQ)
    in which case the maximum the OP would be paying would be her excess.
    Why do you say that? The insurance company would chase the OP for the full repair costs and administration costs, with the excess going to the driver, the rest going to the insurance company.
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    (Original post by PQ)
    If you do want to insure your bike then https://www.eta.co.uk/insurance/cycle/ have been excellent (and reasonably priced) in my experience (although you'll need a badass approved bike lock for the theft cover).
    If the OP (or parents if living with them) has home contents insurance then cycle cover is probably included (though it may be an optional extra).
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    (Original post by PQ)
    If you do want to insure your bike then https://www.eta.co.uk/insurance/cycle/ have been excellent (and reasonably priced) in my experience (although you'll need a badass approved bike lock for the theft cover).
    Perfect thanks, when I get a new bike I'll definitely be insuring it this time round
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    (Original post by PQ)
    She wasn't paying attention, she hasn't reported an accident to her insurance and she's trying to extort money out of the person she hit. If she was confident that she was faultless she would go to her insurer and get them to recover the costs from the OP...the fact that she admitted she wasn't paying attention to the road ahead and is trying to extor money privately is dodgy.
    She may or may not having been paying enough attention. We know that the OP wasn't - they didn't even look at the lights before staring to cross.

    How is she trying to extort money? The OP is clearly at fault and is therefore legally liable to pay.

    As I said if I was the OP I would call her bluff and go after her with a no win no fee claim company for the injury and force her to get her insurer involved - in which case the maximum the OP would be paying would be her excess.
    That would be extorting money. The insurance company is likely to pay to avoid legal fees, regardless of fault. Filing a claim when you know it's your fault is wrong.
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    (Original post by RogerOxon)
    Filing a claim when you know it's your fault is wrong.
    Good point! But we appear to have developed a culture that it is OK not to face up to your moral and financial obligations if you can a find a specious way around it.

    It is a good thing nobody was seriously injured, unable to earn a living and with long-term medical bills to pay.
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    Presumably if the OP wasn't even aware of the car before the collision they were moving at a decent speed?

    I'm with Good bloke and RogerOxon on this, from the description provided the OP is at fault and therefore liable for the damage to the car.
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    (Original post by ClaryK)
    I think my main plan of action now is too just not respond to her and see what happens. I'm not going to give her money just because she says its my fault - if she's adamant thats she's not going to claim it back through her insurance then she'll need to get some legal reason of my needing to pay for the repairs.
    You know you are quite literally the reason motorists hate cyclists so much. You've shown flagrant disregard for the rules of the road, by your own admission causing an accident by crossing when you shouldn't have been. And then, rather than do the honourable thing and pay to repair the driver's car, you're trying to find a way to weasel out of it.
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    (Original post by Good bloke)
    Good point! But we appear to have developed a culture that it is OK not to face up to your moral and financial obligations if you can a find a specious way around it.

    It is a good thing nobody was seriously injured, unable to earn a living and with long-term medical bills to pay.
    (Original post by CurlyBen)
    Presumably if the OP wasn't even aware of the car before the collision they were moving at a decent speed?

    I'm with Good bloke and RogerOxon on this, from the description provided the OP is at fault and therefore liable for the damage to the car.
    (Original post by lukey67791)
    You know you are quite literally the reason motorists hate cyclists so much. You've shown flagrant disregard for the rules of the road, by your own admission causing an accident by crossing when you shouldn't have been. And then, rather than do the honourable thing and pay to repair the driver's car, you're trying to find a way to weasel out of it.
    ^This

    As a cyclist, I'm ashamed of you. You give us all a bad name.

    We all make mistakes. How you react when you do is what matters. I'm sorry to say that you have consistently resisted doing the right thing.
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    (Original post by lukey67791)
    You know you are quite literally the reason motorists hate cyclists so much. You've shown flagrant disregard for the rules of the road, by your own admission causing an accident by crossing when you shouldn't have been. And then, rather than do the honourable thing and pay to repair the driver's car, you're trying to find a way to weasel out of it.
    I accept that I was at fault, we both were and i'm happy to take responsibility for what happened if it comes to it however the main reason for putting this thread up was to find out where I stand when some stranger messages me saying that she may be billing me for £500. I don't understand how insurance works and ultimately I don't care about pointing fingers towards who's to blame, all I really wanted to find out was what I do now and from what I can understand it's that her telling me to pay her and then me just handing over the money is not the way to go unsurprisingly.
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    (Original post by ClaryK)
    her telling me to pay her and then me just handing over the money is not the way to go unsurprisingly.
    Well, it may be. You accept you are liable, so trying not to pay isn't on the agenda. The next step is to keep the cost down.

    But, if you and she cooperate together, you could find she may be willing to accept a smaller amount than you would have to eventually pay through her insurance company, with less hassle and stress.
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    Something to note: it sounds like she admitted fault at the scene, which may invalidate her insurance altogether. I know that if I was to have an accident and admit fault at the scene, my insurance is no longer valid. Unfortunately I have been in an accident, and that's one of the first things they ask over the phone!
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    (Original post by ClaryK)
    I accept that I was at fault, we both were and i'm happy to take responsibility for what happened...
    How is she to blame for you riding into the road without looking?
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    (Original post by carrotstar)
    Something to note: it sounds like she admitted fault at the scene, which may invalidate her insurance altogether. I know that if I was to have an accident and admit fault at the scene, my insurance is no longer valid. Unfortunately I have been in an accident, and that's one of the first things they ask over the phone!
    How does the vague possibility that the driver may have invalidated her insurance benefit the OP? It doesn't. If it were true the driver would be even more keen to chase the OP herself as that would be the only possible source of redress.

    There seems to be widespread failure to understand insurance.
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    (Original post by ClaryK)
    I accept that I was at fault, we both were and i'm happy to take responsibility for what happened if it comes to it however the main reason for putting this thread up was to find out where I stand when some stranger messages me saying that she may be billing me for £500. I don't understand how insurance works and ultimately I don't care about pointing fingers towards who's to blame, all I really wanted to find out was what I do now and from what I can understand it's that her telling me to pay her and then me just handing over the money is not the way to go unsurprisingly.
    Get the woman to have three quotes provided by different garages, and offer to split the bill 50/50 - then, be sure to contact her insurance company to inform them of the accident, because no doubt she will neglect to.
 
 
 
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