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Update on cyclist crashing into my car

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  • 04-01-2009 7:39pm
    #1
    TimAllen
    Closed Accounts Posts: 299 ✭✭


    I posted here last month regarding a cyclist who crashed into my parked car which had run out of petrol. I am recently after finding out that the cyclist attempted to make a claim on my insurance for €1,000 approx.
    I was speaking to my insurance company at the end of the week, they have received the garda report on the incident and the investigating garda placed the blame on the cyclist - insurance company is not entertaining the claim.
    Just looking for advice, should I pursue the cyclist for damage to my car? I wasnt bothered up to now, had even forgotten about it but, now that he wont let it go maybe I should send him a claim for damage and pursue through the small claims court. I dont want the money and would donate to charity but I think this guy needs to be put back in his "box"! Thoughts?
    Tagged:


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    #2
    Hagar
    Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    Do unto others as they have done unto you.


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    #3
    Hogzy
    Registered Users Posts: 7,544 ✭✭✭Hogzy


    Well do you have witnesses to say he was "cycling dangerously" or whatever? I doubt you would ever succeed with a claim like that! If it was an accident then it was an accident. Watta fecker tho for trying to claim through your insurance... If someone advises you that you have grounds for a claim by all means take it!


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    #4
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    TimAllen wrote: »
    maybe I should send him a claim for damage and pursue through the small claims court.

    I think you should get more advice and talk to your insurance company again before you starting using legal terms you don't know about

    Lol, small claims court :rolleyes:
    That is in place for consumers who have a claim against a business. Definitly not an option here.

    I remember your last thread, it descended into chaos so I hope this thread doesn't do the same and you get this sorted


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    #5
    JackFrosty
    Closed Accounts Posts: 191 ✭✭JackFrosty


    He might of been cycling with his head down, but sounds like he was a clever [EMAIL="c@@t"]c@@t[/EMAIL], i reckon he hit you on purpose because you were in the cycle lane, an he thought he would get aclaim outaya.

    1000euros for what

    Gonna be wary of all cyclists from now on!
    Motorist against cyclists 2009!


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    #6
    mumblin deaf ro
    Registered Users Posts: 604 ✭✭✭mumblin deaf ro


    Choose your battles. Is it really worth the hassle of pursuing this over the next few months?


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    #7
    mondeo
    Registered Users Posts: 3,670 ✭✭✭mondeo


    You could try pursue the cyclist for the damage, since he tried to claim from you, you may aswell try him now. Might give him a taste of his own medicine trying to make micky mouse claims over nothing.


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    #8
    TimAllen
    Closed Accounts Posts: 299 ✭✭TimAllen


    Definitely not "worth" it from a monetary point of view (would donate anyways) - just think this guy needs a lesson.


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    #9
    cashmni1
    Closed Accounts Posts: 629 ✭✭✭cashmni1


    TimAllen wrote: »
    Definitely not "worth" it from a monetary point of view (would donate anyways) - just think this guy needs a lesson.
    Teaching him a lesson would be fine if you didn't have to waste your own time (along with a claims court and staff etc). Personally, I couldn't be bothered, unless there was a substantial reward. You are just going to make a real life enemy out of someone who either goes around claiming for "falling off their bike" (pardon the pun) or worse. This person could stage a personal vendetta against you. You just don't know these days. (ok...maybe that was a little overboard)....
    What I am trying to say is, is it REALLY worth your time and effort and money to try and "teach" some stranger a lesson?
    In an ideal world, you would be rewarded the damage for your car. It is not, however, an ideal world.
    Anyway, you could loose the claim, and they could be awarded costs, which you would have to pay.


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    #10
    Anan1
    Registered Users Posts: 22,815 ✭✭✭✭Anan1


    JackFrosty wrote: »
    Gonna be wary of all cyclists from now on!
    Motorist against cyclists 2009!
    * shakes head *


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    #11
    adagio
    Registered Users Posts: 172 ✭✭adagio


    Please be more specific.
    Do you mean horizontal head shaking or vertical.
    Come on... if your gonna be pedantic at least be specific.:rolleyes:
    Btw... I'm a car driver/cyclist/road runner and I proclaim that stupid people are the problem.
    Unfortunately there's a lot of them - just look at our politicians!;)


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    #12
    peasant
    Registered Users Posts: 17,819 ✭✭✭✭peasant


    adagio wrote: »
    Please be more specific.
    Do you mean horizontal head shaking or vertical.
    Come on... if your gonna be pedantic at least be specific.:rolleyes:
    Btw... I'm a car driver/cyclist/road runner and I proclaim that stupid people are the problem.
    Unfortunately there's a lot of them - just look at our politicians!;)

    Topic ..stick to it ...


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    #13
    Dublinstiofán
    Registered Users Posts: 2,190 ✭✭✭Dublinstiofán


    Id take the little cnut to the small claims court. You have to prevail as your dealing with an idiot who crashed into a parked car. Only thing you have to decide is whether its worth the couple of hours you will have to take off work.


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    #14
    Fey!
    Registered Users Posts: 4,184 ✭✭✭Fey!


    If it was me, I'd want to return the compliment to the little sod. Unfortunately, as someone said earlier, it probably wouldn't be worth the effort.

    However, if you don't mind the effort, then get some legal advice to see where you'd stand and, if the solicitor is fairly positive, then go for it.

    Alternatively, he attempted to make a false insurance claim. Put a bit of pressure on your insurance company to take him on, and contact the insurance ombudsman, who is there for everyones protection. It the guy is found guilty of attempted insurance fraud, it can be made very public. And you won't have the costs...


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    #15
    L1011
    Registered Users Posts: 68,798 ✭✭✭✭L1011


    As I said in the original thread - go after him for the damage. He caused it, he's liable for it.


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    #16
    seanybiker
    Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    i remember you saying there wasnt to much damage alright. Its upto you to be honest if you go after him or not.
    Personally i would leave it off. To much bother really. And you still have the image of him flying over the car which is priceless.


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    #17
    short circuit
    Closed Accounts Posts: 730 ✭✭✭short circuit


    You obviously have the right to pursue the cyclist for damages, but it won't be through small claims court ... but it will be a civil case. The way it will probably go is for you to put in a claim for your data to your insurance company and then take it up with the cyclist in the court. Chances are you will end up losing your no claims bonus ... and if I remember correctly you did say in your previous thread that your car wasn't worth much ... and not much damage ... so you will end up getting very little even if you win.

    Then again .... I would have thought that the cyclist had been taught a lesson ... he claimed ... insurance company said bugger off ... garda said he was in the wrong ... and he is potentially sitting on a 1000 euro of scrap metal ...

    but then I am a cyclist - motorist (in that order) ... and @Tim ... I am sure you only want to hear from your fellow motorists .... :D

    By the way ... some people are calling the cyclist claim as insurance fraud ... this it definitely is not.


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    #18
    zuroph
    Registered Users Posts: 11,097 ✭✭✭✭zuroph


    Fey! wrote: »
    If it was me, I'd want to return the compliment to the little sod. Unfortunately, as someone said earlier, it probably wouldn't be worth the effort.

    However, if you don't mind the effort, then get some legal advice to see where you'd stand and, if the solicitor is fairly positive, then go for it.

    Alternatively, he attempted to make a false insurance claim. Put a bit of pressure on your insurance company to take him on, and contact the insurance ombudsman, who is there for everyones protection. It the guy is found guilty of attempted insurance fraud, it can be made very public. And you won't have the costs...
    hang on, wheres the "false" insurance claim?


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    #19
    Stark
    Registered Users Posts: 20,991 ✭✭✭✭Stark


    Dublinstiofán wrote: »
    Id take the little cnut to the small claims court. You have to prevail as your dealing with an idiot who crashed into a parked car. Only thing you have to decide is whether its worth the couple of hours you will have to take off work.

    As was mentioned previously, the small claim court is only for consumer issues with businesses. He'll have to go to the District court and that will mean hiring a solicitor. I think the other party has to pay your solicitor's fees if you win though. A bit of extra satisfaction...
    Fey! wrote:
    Alternatively, he attempted to make a false insurance claim. Put a bit of pressure on your insurance company to take him on, and contact the insurance ombudsman, who is there for everyones protection. It the guy is found guilty of attempted insurance fraud, it can be made very public. And you won't have the costs...

    Making a claim that wasn't entertained isn't insurance fraud. It's only fraud if he gave them a dishonest account of events.


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    #20
    Idleater
    Registered Users Posts: 6,236 ✭✭✭Idleater


    Would a court not treat this as one person's word against the other and settle at roughly "lads, pay 50-50" which it sounded like it is roughly alike in damages? (from the original thread)

    In this case, both sets of solicitors walk away with more money, and neither party gets anywhere?

    I remember it took me 6 months to get €70 out of an insurance company for a new front wheel when I got T-Boned by a 4x4.

    Walk away and chalk it all up to experience is my reckoning.


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