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Forced off my bike by a car

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  • 14-07-2012 1:22pm
    #1
    murphmm
    Registered Users Posts: 38 ✭


    Hi,

    I was forced off my bike by a car that kept coming out of a junction, I fell off while trying to avoid getting hit. Six weeks in plaster, etc. Now the guy who I feel caused it says it's nothing to do with him because he didn't hit me. Legally is he right?
    Tagged:


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    #2
    Raam
    Registered Users Posts: 14,317 ✭✭✭✭Raam


    Let the judge decide when you take him to court.


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    #3
    Dord
    Closed Accounts Posts: 10,817 ✭✭✭✭Dord


    I know of a case recently that involved a motorbike a similar situation to you. It went in the bikers favour. I'd say contact a solicitor and see. Did you report it to the Gardai?


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    #4
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Do you have any evidence like CCTV? Otherwise how can you prove his driving caused it?


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    #5
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    He is in the wrong and could face charges for his driving if it can be proved but unless it was intentional I can't see how he is legally liable for you falling off your bike.


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    #6
    JRant
    Registered Users Posts: 12,958 ✭✭✭✭JRant


    murphmm wrote: »
    Hi,

    I was forced off my bike by a car that kept coming out of a junction, I fell off while trying to avoid getting hit. Six weeks in plaster, etc. Now the guy who I feel caused it says it's nothing to do with him because he didn't hit me. Legally is he right?

    Do you have a witness?
    You should report it to the garda and contact his insurance company. Alot of insurance disputes are settled out of court.

    "Well, yeah, you know, that's just, like, your opinion, man"



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    #7
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    Bit of an odd one. If there is a witness or camera he could be done for dangerous driving. If he did not touch you then you can't claim from his insurance or him personally via civil case. The worst that could happen to him is a dangerous driving imo. Report him in any case.


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    #8
    fran17
    Registered Users Posts: 1,264 ✭✭✭fran17


    maybe stabilizers for the bike:pac:


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    #9
    clog
    Registered Users Posts: 1,100 ✭✭✭clog


    You can certainly claim off his insurance there does not have to be physical contact between you and the car the point is that he left you with no option you crashed as a result of avoiding a potentially more serious collision. Through his recklesness / disregard in checking a the junction you were injured.
    There was a similar case a year or two back settled in favour of injured party. Report it to the guards and then get a solicitor.


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    #10
    Dermot Illogical
    Registered Users Posts: 3,131 ✭✭✭Dermot Illogical


    murphmm wrote: »
    Legally is he right?

    Not legally, not morally and not in the head. Claim off his insurance policy, that's what it's there for. There's no need to argue it out with him.


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    #11
    murphmm
    Registered Users Posts: 38 ✭murphmm


    :mad::mad:
    fran17 wrote: »
    maybe stabilizers for the bike:pac:


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    #12
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    RT66 wrote: »
    Not legally, not morally and not in the head. Claim off his insurance policy, that's what it's there for. There's no need to argue it out with him.

    Can't see them paying out. Where no other vehicle was involved they would need proof that the car hit the OP. That didn't actually happen. You could sue him but best to speak to a solicitor about that.


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    #13
    Dermot Illogical
    Registered Users Posts: 3,131 ✭✭✭Dermot Illogical


    fasttalkerchat wrote: »
    Can't see them paying out. Where no other vehicle was involved they would need proof that the car hit the OP. That didn't actually happen. You could sue him but best to speak to a solicitor about that.

    That's simply not true. There does not need to be a collision to claim against someone's policy.


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    #14
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    RT66 wrote: »
    That's simply not true. There does not need to be a collision to claim against someone's policy.

    In that case you could claim off someone's policy because they flashed the lights and it distracted you.


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    #15
    Dermot Illogical
    Registered Users Posts: 3,131 ✭✭✭Dermot Illogical


    handjobfans wrote: »
    If he did not touch you then you can't claim from his insurance or him personally via civil case. g.gif

    LOL


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    #16
    ford2600
    Closed Accounts Posts: 4,457 ✭✭✭ford2600


    on basis of op story, car driver has a liability. Get a solicitor. Let me know your location, I'll recommend a few.
    fasttalkerchat wrote: »
    Can't see them paying out. Where no other vehicle was involved they would need proof that the car hit the OP. That didn't actually happen. You could sue him but best to speak to a solicitor about that.


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    #17
    CramCycle
    Moderators, Sports Moderators Posts: 24,762 Mod ✭✭✭✭CramCycle


    murphmm wrote: »
    Now the guy who I feel caused it says it's nothing to do with him because he didn't hit me. Legally is he right?

    I presume you are still talking to him then? Can you clarify if the Gardai were called and if there were any witnesses, if you didn't get CCTV at the time, it should be fairly safe to assume it is gone or written over but no harm checking.

    If you have witnesses and a Garda report, that should be enough to go to his insurance, contact does not have to be made, the accident just has to be caused by the vehicle, proof is your burden here. Contact his insurance company directly, with the reports, if you are uncomfortable with this, then you will have to fork out for a solicitor and if nothing can be shown, you'll have to pay him.


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    #18
    murphmm
    Registered Users Posts: 38 ✭murphmm


    Thanks, solicitors in Cork city would be handy.


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    #19
    murphmm
    Registered Users Posts: 38 ✭murphmm


    ford2600 wrote: »
    on basis of op story, car driver has a liability. Get a solicitor. Let me know your location, I'll recommend a few.

    Thanks, solicitors in Cork city would be handy.


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