Cyclist crashes into my car

gurramok

Hi,

Just wondering what are the implications of a cyclist crashing into a car that results in damage to the car (broken tail-light, scratches+dent on rear passenger side) ?
It happened last week(5 days ago) and I was willing to let it go but the fellow reported the incident to the gards saying he has a sore shoulder despite him being able to cycle off afterwards.
There are no witnesses, i have photographic evidence of damage and cost but I havent been claiming damages as I thought at the time that his life was more important than the car!
As the cyclist is uninsured, what are the legal avenues regarding any claims on his part and if i can counter-claim as retaliation to his subsequent behaviour after incidents like this?

egan007

you can bring a civil case against him if he sues for damages

DublinWriter

gurramok wrote:

Hi,

Just wondering what are the implications of a cyclist crashing into a car that results in damage to the car (broken tail-light, scratches+dent on rear passenger side) ?

You should counter-claim against him. Contact your insurance company. If his claim against you is successful then you'd lose your no-claims bonus.

But the fact that you were prepared to let it go with him on the day re the damage to your car would not play well in court for you if you took such an action. Did you exchange words with him when the accident happened, or did he just take your reg number and cycle off?

There was a similar thread here a while back about a guy whose 5-year old nephew got hit by a cyclist who quickly left the scene of the accent with the kid sustaining a broken arm.

The thread quickly degenerated into farce. Expect the same here.

gurramok

Yes, I asked him was he ok..he did mention about being sore. I was foolish to give him my mobile number, then he cycled off. Then now 5 days later i get a call from the gards saying he's reporting the incident and I have to produce my licence+insurance cert to nearest garda station as matter of procedure in these cases.

Can he sue for civil damages yet he is not insured.?..Its my word against his with no witnesses. My car was stationary at the time, he was cycling very fast and not watching where he was going.
He went flying over the handlebars which could indicate that his front brakes were working more than the back brakes (ie, faulty brakes)
Now he turns out to be an ambulance chaser, he's not from this country so I don't know what legal implications are for that.
I'll contact my ins. company when they open tomorrow about this matter, i do have NCB protection on my policy which might help.

DublinWriter

gurramok wrote:

Can he sue for civil damages yet he is not insured.?

Of course he can, it's you he's sueing and it's your insurance policy that he hopes to claim from.

gurramok wrote:

My car was stationary at the time

How long were you stationary for before the accent? By stationary do you mean that you came to a skidding halt before the impact?

gurramok wrote:

Now he turns out to be an ambulance chaser, he's not from this country so I don't know what legal implications are for that.

None whatsoever.

I'll contact my ins. company when they open tomorrow about this matter, i do have NCB protection on my policy which might help.

True, but the accident will go down on your record and might make switching to another insurance company more expensive in the future.

FrankGrimes

If your car was stationary then I'd imagine it would be hard to prove you were in the wrong unless you were parked illegally which could be regarded as neglect?

Don't read too much into his delayed reaction: I was nailed by a bad driver on my bike a few years back and had a miraculous escape but didnt even get in the ambulance when it arrived and the gardai were not called and I never did (I was relatively young) and I let it go but the bang I got to my ankle has caused me trouble since then.

Also, my sister was knocked off her bike by a taxi door opening in traffic - she was ok to walk away but has had major back trouble for the past 5 years as a result.

el tel

Sorry to hear about your situation.

A couple of months ago a kid about 6 rode his bike into my car.
From about 100 yards I could see he was unable to control the bike
so I pulled over and stopped. He eventually wobbled his was along the street and did a perfect 90-degree turn into the front of my car, scraping the bonnet and breaking the front indicator. He was quite shocked - like any kid who realises they have funked-up and are in big trouble now - so I was more concerned for him than anything else. I had a few witnesses (10 year olds) who helped me bring him home. The father was ok-said he'd sort out the damage but I decided it wasn't worth it. Just in case they tried anything funny I reported the incident to the PSNI who made a note and told me I'd be ok given the circimstances.

So far have heard nothing back.

Hope your situation amounts to nothing, if you were stopped at the time you should be ok.

mike65

Prepare for the worst! Get a solicitor, make sure your statment is as crystal clear as clear can be. Make sure the Garda examine his bike.

Mike.

gurramok

DublinWriter wrote:

Of course he can, it's you he's sueing and it's your insurance policy that he hopes to claim from.

Thats ridiculous, how can he be successful if there are no witnesses and its my version against his?
If he is successful, anyone can sue anyone over anything!

DublinWriter wrote:

How long were you stationary for before the accent? By stationary do you mean that you came to a skidding halt before the impact?

It happened at a roundabout, I seen him come and waited for him but he did not see me. It must of been about 10 seconds from the time i stopped and the moment he crashed into the car. There was no skidding.

DublinWriter wrote:

True, but the accident will go down on your record and might make switching to another insurance company more expensive in the future.

Bloody hell, I did nothing wrong and yet I lose out ? I'll ring them up and get advice and see what they say.

Dades

gurramok wrote:

It happened at a roundabout, I seen him come and waited for him but he did not see me. It must of been about 10 seconds from the time i stopped and the moment he crashed into the car. There was no skidding.

So you were stopped at the entrance to a roundabout, and he cycled into you? Or were you on the roundabout waiting to get off it?? Tell the full story...!

gurramok

el tel wrote:

Sorry to hear about your situation.

A couple of months ago a kid about 6 rode his bike into my car.
From about 100 yards I could see he was unable to control the bike
so I pulled over and stopped. He eventually wobbled his was along the street and did a perfect 90-degree turn into the front of my car, scraping the bonnet and breaking the front indicator. He was quite shocked - like any kid who realises they have funked-up and are in big trouble now - so I was more concerned for him than anything else. I had a few witnesses (10 year olds) who helped me bring him home. The father was ok-said he'd sort out the damage but I decided it wasn't worth it. Just in case they tried anything funny I reported the incident to the PSNI who made a note and told me I'd be ok given the circimstances.

So far have heard nothing back.

Hope your situation amounts to nothing, if you were stopped at the time you should be ok.

Thanks for replies, this fellow is no kid.
He looked about same age as me (about late 20's maybe 30) and about twice the size, wearing alot of bike gear at the time plus he was wearing no helmet.

el tel

gurramok wrote:

It happened at a roundabout, I seen him come and waited for him but he did not see me. It must of been about 10 seconds from the time i stopped and the moment he crashed into the car. There was no skidding.

Make sure you tell the cops or whoever that you sounded your horn and did everything in your power to alert him of your presence.

Also might be relevant the time of day/night and if he have lights.
As far as I know lights (and a bell) are compulsory.

(it annoys the fú¢k out of me when cyclists ride about at night with no head lights - they're so hard to spot when you are coming out of a side street)

gurramok

The Atheist wrote:

So you were stopped at the entrance to a roundabout, and he cycled into you? Or were you on the roundabout waiting to get off it?? Tell the full story...!

Yes, waiting to get onto the roundabout. My car was nudged forward, he was not looking where he was going.

gurramok

el tel wrote:

Make sure you tell the cops or whoever that you sounded your horn and did everything in your power to alert him of your presence.

Also might be relevant the time of day/night and if he have lights.
As far as I know lights (and a bell) are compulsory.

(it annoys the fú¢k out of me when cyclists ride about at night with no head lights - they're so hard to spot when you are coming out of a side street)

I told the cops about the accident when they rang me up today, but they say there is no need for a statement as its a civil matter now.
I didnt beep the horn as he was coming from the side, approaching the middle side of the car. I'll remember in future.

It was daytime, happened about 4pm on a dry visible day !

franman

was there a cycle lane running around the roundabout?? if so did you stop on it??

landser

the fact that there were no witnesses can work as easily in his favour as against it. he can say what he likes and it's your word against his. having said this, if he cycled into the back of you, then there may be a presumption that he is liable, especially if you were approaching a roundabout, and he should have anticipated that you were going to stop (if he alleges that you were still moving) or that he should've expected there to be stopped cars at the entrance to the roundabout. if he does sue, i'd say that your insurer will want to defend it in full

if he reported it to the gardai, i'd say he's already been to see a solicitor, or had some advice from a bar-room lawyer

BeardyGit

Franman, whether or not there was a cycle lane if completely irrelevant. In much the same way as a motorist is responsible for ensuring they are in a position to stop before an impact, a cyclist must also be in full control of their machine.

If he hit the front of your car you could be in trouble. If he hit the side of your vehicle then he's in no position to claim anything. If it's the latter, don't worry about it but speak with your insurance company and let them handle everything.

If he *somehow* managed to hit just the front of your car and the only marks on the car are there, you'll be best advised to leave everything with the insurance company and speak with your own solicitor to better understand what course of action either the cyclist or your insurance company may be legally entitled to take.

Cheers,

Gil

franman

Gil_Dub wrote:

Franman, whether or not there was a cycle lane if completely irrelevant. In much the same way as a motorist is responsible for ensuring they are in a position to stop before an impact, a cyclist must also be in full control of their machine.

Surely if he stoped on a cycle lane that was going around the roundabout its his fault. Wouldnt that be the same as stopping further on and a car hitting you in the side and blaming the other driver. "Eh sorry but you should have stoped before you hit me"

gurramok

landser wrote:

the fact that there were no witnesses can work as easily in his favour as against it. he can say what he likes and it's your word against his. having said this, if he cycled into the back of you, then there may be a presumption that he is liable, especially if you were approaching a roundabout, and he should have anticipated that you were going to stop (if he alleges that you were still moving) or that he should've expected there to be stopped cars at the entrance to the roundabout. if he does sue, i'd say that your insurer will want to defend it in full

if he reported it to the gardai, i'd say he's already been to see a solicitor, or had some advice from a bar-room lawyer

He approached from the right hand side as you give way to traffic to the right at a roundabout with me stationary waiting for him to pass. His bike crashed into the rear passenger door with his dent just to the left side of the passenger window. He never looked where he was goinmg plus he was cycling very fast.
To a previous poster, there was no cycle lane.

As an update, the garda now says the cyclist didn't report today it to give statements and such, but he wanted it to be on record with both our details, whats the difference between 'report' and 'on record'?

Plus, in a situation of an accident like this where there is dispute over what happened and who is responsible for what, shouldn't the gardai be called on the day to sort out details especially if there are suspected injuries instead of 5 days later?

TheIrishGrover

gurramok wrote:

I told the cops about the accident when they rang me up today, but they say there is no need for a statement as its a civil matter now.
I didnt beep the horn as he was coming from the side, approaching the middle side of the car. I'll remember in future.

It was daytime, happened about 4pm on a dry visible day !

I thought you said he rear ended you?

TheIrishGrover

gurramok wrote:

He approached from the right hand side as you give way to traffic to the right at a roundabout with me stationary waiting for him to pass. His bike crashed into the rear passenger door with his dent just to the left side of the passenger window. He never looked where he was goinmg plus he was cycling very fast.
To a previous poster, there was no cycle lane.

As an update, the garda now says the cyclist didn't report today it to give statements and such, but he wanted it to be on record with both our details, whats the difference between 'report' and 'on record'?

Plus, in a situation of an accident like this where there is dispute over what happened and who is responsible for what, shouldn't the gardai be called on the day to sort out details especially if there are suspected injuries instead of 5 days later?

Sorry, didn't see this post, but if he was coming round from your right on the roundabout how far out onto the roundabout were you for him to hit you? I cycle and I have been knocked off my bike 2 times at roundabouts. Me coming from the right, in broad daylight and knocked down by a driver not stopping.

is_that_so

I believe that in cases like this where they go to court it will come down to credibility in court and providing that you did absolutely everything you could then you have a reasonable case.
There is however a general tendency to side with cyclists. This is on the grounds (rightly) that motorists are expected to be vigilant of ALL road users.
In this case it may be argued that the same law that applies to cars rear-ending each other i.e. you pay if you rear-end someone.
On record means exactly what he said, your side of the story and the cyclist's side of the story.

gurramok

TheIrishGrover wrote:

Sorry, didn't see this post, but if he was coming round from your right on the roundabout how far out onto the roundabout were you for him to hit you? I cycle and I have been knocked off my bike 2 times at roundabouts. Me coming from the right, in broad daylight and knocked down by a driver not stopping.

I was nearly half car length onto roundabout. Roundabout is spacious, plenty of room to even fit a bus into the gap that was available at the time.
There was nothing in front of him to obstruct his view. He just didnt look up where he was going and must have assumed that there was nothing in front of him.
Your situation is different as drivers knocked you down, this fella ran into me while i was stationary for a good few seconds.

is_that_so wrote:

On record means exactly what he said, your side of the story and the cyclist's side of the story.

So its a wait and see then if he takes civil action?

heggie

hmmmm, unless he was turning OFF the roundabout and hit into you, but you shouldnt be 'stationary' on a roundabout at all unless theres a traffic buildup, tbh it sounds like u drove out a little, expecting him to slow down whilst he has right of way.

is_that_so

gurramok wrote:

So its a wait and see then if he takes civil action?

Yes I'd say so but remember that the climate has changed for such suits. Insurance companies now aggressively defend these cases and insurance fraud carries a possible 10 year prison sentence.

blorg

gurramok wrote:

Yes, waiting to get onto the roundabout. My car was nudged forward, he was not looking where he was going.

Technically, you should have been behind the stop line, no? Obviously he should have been looking where he was going, but this does sound like you were in a position that you shouldn't have been in (or do I have this completely wrong, as I understand it he was on the roundabout and you were coming on to it?)

TheIrishGrover

gurramok wrote:

Hi,

Just wondering what are the implications of a cyclist crashing into a car that results in damage to the car (broken tail-light, scratches+dent on rear passenger side) ?

If he hit you there you must have been well onto the roundabout...... I wouldn't pust it if he doesn't

Seth Brundle

gurramok wrote:

I was nearly half car length onto roundabout. Roundabout is spacious, plenty of room to even fit a bus into the gap that was available at the time.

given what happened, there wasn't room to fit a bus there!

gurramok

To answer, I was first on the roundabout and paused as i seen him flying from the other side(right). I was over the stop line (faint one at that). If I had continued we would of crashed I reckon with nasty consquences.
When I say flying, he must have been going at least 20mph. I know what speeds a bicycle can do as i used to cycle one myself for years. This guy was the athlete type, no ordinary slowish cyclist!
I'll just inform Ins. company tomorrow of the accident just in case they contact me in the future and my memory is fresh now.

TheIrishGrover

gurramok wrote:

To answer, I was first on the roundabout and paused as i seen him flying from the other side(right). I was over the stop line (faint one at that). If I had continued we would of crashed I reckon with nasty consquences.
When I say flying, he must have been going at least 20mph. I know what speeds a bicycle can do as i used to cycle one myself for years. This guy was the athlete type, no ordinary slowish cyclist!
I'll just inform Ins. company tomorrow of the accident just in case they contact me in the future and my memory is fresh now.

Well if you'd continued you'd definitely have been in the wrong.... 20MPH? If he was an ambulance chaser like you said above then he'd have a good chance of catching one..... Going a bit fast if he was just a chaser surely. Safer to go slow and fake it than crash full tilt..

robz150

I dont see how you could get halfway out on a roundabout and be hit by a cyclist who had not yet entered the roundabout was he going 200mph. Was he already on the roundabout when you pulled out over the line? if so he had the right of way.

Dont mean to be smart but I just can't picture it the way you have described it.