Cyclist wants e200 from me to settle claim

Hannaho

Hi!

I was turning left onto a very busy junction where the road had three lanes. It was 7.15 p.m. The cyclist was cycling in the middle of the road - not in the cycle lane - I didn't see him as he was hidden behind a car when I went to turn. He collided with my driver's side - fell off his bike. He hurt his arm but said it wasn't broken. I called Gardai - Gardai and I offered to get him an ambulance, but he said he didn't need one. I offered to get a taxi home for his bike and himself - was worried he may have been in shock, but he declined. He wanted e200 there and then to settle the claim - two jackets - hole in shoulder went right through both, bike light broken - bike ok, and his takeaway dinner was on the ground. The Gardai said I was not to give him money without receipts. He rang the next day and said he wouldn't be betting receipts for the clothing and bike light for a couple of weeks as he was going to take the Dart, but could I still give him the e200. That was last Friday. I said I would have to talk to my insurance company and ask them if this was okay - I reported the accident to them, but he was a bit unhappy about this and wanted the money before the weekend. My insurance company yesterday said, that even if he gave me an email saying he wouldn't claim anymore if I gave him the e200, he still could come back and claim against my insurance for up to two years. Last night I texted him re e200 and he gave me an email stating that he would drop all claims if I gave him e200 - I offered to meet him to give him a cheque, but he said he wouldn't be around for next few days as he was having surgery - not on his arm - thought this a little strange after he saying he would be taking Dart to work for next few weeks. Wants me to meet his wife today to give her the cheque - happy to give the money, but worried that he will come back again - I'm a little uneasy about the pressure to give hime the e200 though without any receipts, and why he wants it so urgently given that he is not going to be using his bike for several weeks. Would others just give him the money, or is anyone else a little suspect of this? Would welcome any advice.

NUTLEY BOY

I would back away from any further dealings with him.

Although you spoke to your insurers you may be in breach of policy conditions in making an offer of settlement albeit without admission of liability. Also, I assume that you did not conduct negotiations on a without prejudice basis.

The outline facts do not suggest a clear or full liability on your part.

I concur with your insurers observations.

My advice would be to complete an accident report form for your insurers and have no further communication with the cyclist. If he contacts you again say that you have referred the matter to your insurers and that you have no authority to deal with him any further. Put nothing further in writing. If he e-mails ignore it as you are not supposed, under your policy conditions, to negotiate.

Generally, these private settlement arrangements tend to be a shake down and or to end up badly.

Hannaho

Thanks, Nutley Boy for you advice. I'm not going to go ahead with giving him the money myself. The insurance company didn't mention anything about breaching policy, they were encouraging me to do it, but did say that the cyclist could make a claim again. However, I rang my solicitor - he wasn't there yesterday - and he said not to give any money over as it would lead to admission of liability - yet the insurance guy said that the Courts always viewed the pedestrian as in the right - the cyclist was way over into the middle of the road, and came out from behind another car in the middle lane. I hope I haven't predjudiced the negotiations so far - didn't feel comfortable about it. Assessor coming to see my car today, and not damage to that - not that that's important in terms of someone's safety/life. Thanks again. Really appreciate the advice.

NUTLEY BOY

You are welcome.

When reporting to your insurers please be sure to record with them the full details of all your interactions with the cyclist so that they are properly briefed in case there is any nonsense !