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Who is at fault?, Car Vs cyclist on footpath.
jdh
post Tue, 14 May 2019 - 13:40
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A car is turning right onto their property, there is a solid queue of traffic blocking them due to traffic lights. The traffic shuffles up a bit leaving a gap so the car driver makes the turn. As they're crossing the footpath they become aware of a cyclist coming from their right on the footpath (not shared use, no cycle path) and brakes to a stop. The car and cycle collide, all the marks are along the side of the car rather than front, the cyclist falls off. The car pulls forward fully onto the driveway, the cyclist jumps back on the bike and pedals away before the driver can speak to them nevermind get any details. The driver reports the collisions to the police (took details and suggested it was cyclist's fault but they can't follow up without cyclist details). Driver also reported to insurance company for information only not a claim who said if there was a claim from the unknown cyclist they'd probably pay out anyway as the cyclist would be classed as a vulnerable road user.

Driver is a bit shook up about it all and looking at a repair bill (scratch & dent) around the same as their insurance excess so not likely to make a claim. Cyclist is no doubt a bit shook up too but didn't want to hang around so unsure of extent of injuries.

Is what the insurance company said correct and would that go down as an at fault claim?

If the cyclist does make a claim would the driver be able to get the cyclist's details to pass on to the police?
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post Tue, 14 May 2019 - 13:40
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Mat_Shamus
post Fri, 24 May 2019 - 11:50
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I'd imagine if this went to court the court would hold both parties as negligent.
The car driver for not ensuring the footpath was clear before driving on it and the cyclist for cycling on the footpath

However, these rarely go to court because it works out as a bigger loss to the insurance company and it will still be logged as a fault claim anyway, so cheaper and quicker for them to normally just pay out rather than try and dispute liability.


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Patience is something you admire in the driver behind you, but not in one ahead.
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jdh
post Fri, 24 May 2019 - 12:23
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QUOTE (Mat_Shamus @ Fri, 24 May 2019 - 12:50) *
I'd imagine if this went to court the court would hold both parties as negligent.
The car driver for not ensuring the footpath was clear before driving on it and the cyclist for cycling on the footpath

However, these rarely go to court because it works out as a bigger loss to the insurance company and it will still be logged as a fault claim anyway, so cheaper and quicker for them to normally just pay out rather than try and dispute liability.
The insurance company position from only having my wife's side of the story is that they would pay out to the cyclist because they're a vulnerable road user, what they would do though is reduce that payout by a significant figure due to their contributory negligence. So far that's a theoretical reduction of a theoretical value from a theoretical claim as there's still no sign of the cyclist coming forward.

That aside my wife put the quote she got from our local bodyshop to the ins co and they've said she'd have to jump through all sort of hoops as it's not their nominated bodyshop so instead of dropping the car off for a few days with them she's now going through the ins co's own people. This means she'll have a loan car for the duration and the ins co will remove the car for repair at their chosen place.
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m7891
post Sun, 26 May 2019 - 10:41
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QUOTE (jdh @ Fri, 24 May 2019 - 13:23) *
QUOTE (Mat_Shamus @ Fri, 24 May 2019 - 12:50) *
I'd imagine if this went to court the court would hold both parties as negligent.
The car driver for not ensuring the footpath was clear before driving on it and the cyclist for cycling on the footpath

However, these rarely go to court because it works out as a bigger loss to the insurance company and it will still be logged as a fault claim anyway, so cheaper and quicker for them to normally just pay out rather than try and dispute liability.
The insurance company position from only having my wife's side of the story is that they would pay out to the cyclist because they're a vulnerable road user, what they would do though is reduce that payout by a significant figure due to their contributory negligence. So far that's a theoretical reduction of a theoretical value from a theoretical claim as there's still no sign of the cyclist coming forward.

That aside my wife put the quote she got from our local bodyshop to the ins co and they've said she'd have to jump through all sort of hoops as it's not their nominated bodyshop so instead of dropping the car off for a few days with them she's now going through the ins co's own people. This means she'll have a loan car for the duration and the ins co will remove the car for repair at their chosen place.


You’re entitled to get the car repaired at your own choice of bodyshop. The insurance company may charge an additional excess for this (it’ll be in your policy if they do), but the actual process should not be any more complicated to you than getting a reference number from your insurer to give to the bodyshop who will then do the rest.
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