What A *** Morning!

[Boxbrownie]

Should be compulsary, even if its third party insurance..........my daughter has full insurance cover for the horses (not that they often get on the road) but you never know, and a horse bolting and causing a serious accident is a possibilty which could be very expensive.

And with the number of cyclists now doing silly things the same could happen, and did to you Stu.....just lucky nobody was seriously hurt, just his pride and knee and your pride and joy.

[Stuno1]

Indeed. I am still really angry but calmer than i was. THe reprecussion for me is 5years NCB going to 3, £600 out of pocket unless he coughs up and a premium increase for 5 years until the claim isnt against my policy...

[Boxbrownie]

Have you chatted to your insurance company about this, on a friendly and wishing for information and help basis?

If you claim direct for a quick repair, is there a chance upon recovery of the money the insurance company will reinstate your former NCB and record?

Otherwise its a bit of a rock and a hard place, feel for you.

[Stuno1]

Sadly in either go with or without insurance and either way take my chances recovering either coat of repair or excess. Neither option is ideal but going through insurance offers the least amount of financial risk. If i hadn't recently spent 1500 tarting the car up is pay for work independently and chase the cyclist via SCC.

[aly-g]

Gutted for you Stuart, its so wrong that you have got to pay for some other idiots mistake, like the others I would maybe go for SCC,....But if the guy has no money there seems little point in doing that because that would cost more money out of your pocket....... Hope his bike was bent more than your lovely Lex !!!!

Allan

[Lillywhites]

The cyclist should think himself very lucky it could of been so much worse than it was, I hope he is a good as his word and pays up Stuart. As for scc they are not worth diddly squat I went after someone who owed me money who had a trade account with me in the end I gave up I hope you have an easier time regards peter

[Maduggo]

If you get no joy from him, go back in a crappy £100 rust box and finish the job.

Serious though, good luck with getting at least something.

I use a bicycle and i know how dangerous it can be, not just for me but for other road users if you are not doing things sensibly, both can use the road legally and most of the time they do get on ok.

I will keep my views on organ donors, sorry i meant cyclists to my self.

[Stuno1]

Small update:

The cyclist sought advice from his friends dad who is a solicitor and looks like he is now trying to find a way out of paying for anything... What a surprise!

i am remaining calm and non-threatening which is important and fair in my opinion. I am in two minds as to whether to cancel my claim and to go privately and take him to SCC for the full 1700 though.

I am disappointed if i am honest. I am going out of my way to limit the cost to him and he is trying to stuff me over!

This is the message oi received from him today:
I have spoken to my friends father and he says "there is an argument that says that a driver should need to prove that they were being careful because of the potential destructive disparity between the parties ie a car can do so much more damage to a person than a person can usually do to a car, which is taken into account as an aspect of blameworthiness He is going to look into the matter further and hopefully come back to me soon

This is what i sent back:
Ok. I find it hard to believe given the circumstances that I won't be able to prove that given what took place. Being blunt here. You were on the wrong side of the road going around a blind corner with headphones on. It makes no difference what cars are parked where. I was stationary at moment of impact as verified by the independent witness. As such being careful is proven and negligence on your part is proven.

I am trying to cause you as little financial loss as possible here by not going privately at a cost of 1700 and claiming it back from you. I am not even asking for the full excess I have to pay and it subsequently impacts my policy for future renewals. If I have not heard back from you by Wednesday I will start small claims court proceedings for all costs incurred as i believe I am being more than fair and offering to assist with repairs to the damage I am ultimately not responsible for. Stuart

Just wait and see what happens now i guess. I will definately go to SCC if i have to just because i now feel i should.

Stuart

[sofasurfer]

Small update:

The cyclist sought advice from his friends dad who is a solicitor and looks like he is now trying to find a way out of paying for anything... What a surprise!

i am remaining calm and non-threatening which is important and fair in my opinion. I am in two minds as to whether to cancel my claim and to go privately and take him to SCC for the full 1700 though.

I am disappointed if i am honest. I am going out of my way to limit the cost to him and he is trying to stuff me over!

This is the message oi received from him today:

I have spoken to my friends father and he says "there is an argument that says that a driver should need to prove that they were being careful because of the potential destructive disparity between the parties ie a car can do so much more damage to a person than a person can usually do to a car, which is taken into account as an aspect of blameworthiness He is going to look into the matter further and hopefully come back to me soon

This is what i sent back:

Ok. I find it hard to believe given the circumstances that I won't be able to prove that given what took place. Being blunt here. You were on the wrong side of the road going around a blind corner with headphones on. It makes no difference what cars are parked where. I was stationary at moment of impact as verified by the independent witness. As such being careful is proven and negligence on your part is proven.

I am trying to cause you as little financial loss as possible here by not going privately at a cost of 1700 and claiming it back from you. I am not even asking for the full excess I have to pay and it subsequently impacts my policy for future renewals. If I have not heard back from you by Wednesday I will start small claims court proceedings for all costs incurred as i believe I am being more than fair and offering to assist with repairs to the damage I am ultimately not responsible for. Stuart

Just wait and see what happens now i guess. I will definately go to SCC if i have to just because i now feel i should.

Stuart

What a weasel..but as you say it's to be expected. I would go full tilt down the SCC route if this happened to me. Why should you foot all the bill.

Chin up Stuart and I hope it gets sorted as painlessly as possible.

[Peter P18]

Sorry to hear this Stu. :(

I personally think you have been a saint with how you've dealt with this idiot. The pathetic loose use of the law from his friends Dad is laughable!

I can happily get a very well known UK solicitors office to knock you up a very nasty letter if you need it mate.

I'd take the gloves off though Stu and go to SCC mate. Have a chat with your local Citizens Advice Bureau. They can help you with what you need.

Hope you get it sorted chap. Hate seeing good guys getting done over by idiots! :(

[Stuno1]

Cheers guys, still have until Wednesday but i am 99% sure i won’t get anything from him. Then it will be a case of SCC just because i am not happy with the way he had dealt with the situation. It is the principal of it now.

[Peter P18]

Precisely Stu.

You have gone above and beyond to try being reasonable with this clown.

I'm sure with your testimony, the eye witness account, and what you've told us, you should win your claim mate.

Just disgusts me that someone would try pulling a fast one when they've been given every opportunity to resolve this at a minimal cost.

Keep us posted chap. Rooting for you! :)

[dandydons]

Small update:

The cyclist sought advice from his friends dad who is a solicitor and looks like he is now trying to find a way out of paying for anything... What a surprise!

i am remaining calm and non-threatening which is important and fair in my opinion. I am in two minds as to whether to cancel my claim and to go privately and take him to SCC for the full 1700 though.

I am disappointed if i am honest. I am going out of my way to limit the cost to him and he is trying to stuff me over!

This is the message oi received from him today:

I have spoken to my friends father and he says "there is an argument that says that a driver should need to prove that they were being careful because of the potential destructive disparity between the parties ie a car can do so much more damage to a person than a person can usually do to a car, which is taken into account as an aspect of blameworthiness He is going to look into the matter further and hopefully come back to me soon

This is what i sent back:

Ok. I find it hard to believe given the circumstances that I won't be able to prove that given what took place. Being blunt here. You were on the wrong side of the road going around a blind corner with headphones on. It makes no difference what cars are parked where. I was stationary at moment of impact as verified by the independent witness. As such being careful is proven and negligence on your part is proven.

I am trying to cause you as little financial loss as possible here by not going privately at a cost of 1700 and claiming it back from you. I am not even asking for the full excess I have to pay and it subsequently impacts my policy for future renewals. If I have not heard back from you by Wednesday I will start small claims court proceedings for all costs incurred as i believe I am being more than fair and offering to assist with repairs to the damage I am ultimately not responsible for. Stuart

Just wait and see what happens now i guess. I will definately go to SCC if i have to just because i now feel i should.

Stuart

What a weasel..but as you say it's to be expected. I would go full tilt down the SCC route if this happened to me. Why should you foot all the bill.

Chin up Stuart and I hope it gets sorted as painlessly as possible.

well worded reply to him. Take it all the way. The most useful thing you have going for you is obviously the independent witness. Any court should place a high reliance on such a witness as long as they come over as reliable and honest. They don't have any reason to be anything other than that. Good luck.

[North west beast]

Just wait for the one where he'll try to claim off you for his knee .

[Stuno1]

Just wait for the one where he'll try to claim off you for his knee .

Wouldn't surprise me. Not an issue, he won't get far with any claim!

[Maduggo]

On a side note to this re cyclists.

In 2008 I was on the Uxbridge road heading to Ealing hospital to deliver some dialysis equipment.

Was about 07:45 at the lights where the mcdonalds is at greenford rd junction to uxbridge rd, lights on red waiting to turn left towards the hospital.

I had a fully loaded 40ft long draw bar tractor trailer unit weighing about 35ton in all.

A cyclist hits the back on the trailer, i don't notice obviously as you could hit it with a car and it would barely register. The cyclist then taps on my passenger door window claiming i hit him and damaged his bike.

Luckily for me, i had 4 witnesses to verify i was stationary and it was him that hit my vehicle.

He called the police and ambulance who duly arrived, they at first thought it was a joke but the cyclist was adament, They arrested me, took a breath sample, chatted with the witnesses then realised what was happening, de-arrested me and promptly told the cyclist to go away.

One officer noticed that the trailer had a crack on the left indicator and told me i should pursue for damages to the vehicle.

He tried to claim against the company insurance, failed, tried to claim against me personally, failed. The company then decided to claim against him for damage to the vehicle from his negligence and promptly won, he refused to pay the small amount to replace the light lens cover. He left it and it went to the sheriffs to get the money, in all it cost him nearly £1500 after the fees and costs.

So go for this weasel and nail his arse to the wall.

Took a while to find the details of this, was buried in my driving stuff in the office at home.

[Stuno1]

It's ridiculous isn't it.

I am expecting him to try to claim I was in the wrong. Started SCC proceedings this week as he confirmed he won't contribute towards costs. Typical. He will now have CCJ once found guilty until I am repaid so sod him. I was over generous and now wish I had gone outside of insurance and chased him for 1700 pounds not the 600 of my excess. That's what you get for being a nice guy.

[Sidleybird]

Sadly. honesty is a rapidly fading concept and, indeed, the honest person is generally regarded as a "mug" these days. Which (sadly again) means that you have to work on the principle that even the most reasonable seeming person is out to rook you. I don't see why you should be a single penny out of pocket because of his stupidity, so sue the ****** (insert expletive of choice0 for the full amount of the repairs. Sounds like you hold all the aces though; independent witnesses are crucial, so I'm sure you will get the judgement in your favour. Bloody well hope so!

As for cyclists generally, well, I drive a van as part of my job, and there's not a single day that I don't see them riding on pavements, going through red lights, weaving in and out of traffic and trying to squeeze through non-existent gaps. And then they have the nerve to claim some sort of moral superiority??....bastards, Anyway, all the best of luck. Don't give up. :luck:

[Boxbrownie]

Sorry to hear this Stu, but I am afraid it does not come as much of a surprise, good luck with the pursuit of claims, just as an aside do you happen to be a member of the AA or RAC as you can use their legal team I believe, or even your own insurance uninsured loss recovery cover?

[Stuno1]

Sorry to hear this Stu, but I am afraid it does not come as much of a surprise, good luck with the pursuit of claims, just as an aside do you happen to be a member of the AA or RAC as you can use their legal team I believe, or even your own insurance uninsured loss recovery cover?

My insurer (elephant) said they would not be willing to take on the case as the cyclist has no insurance so chances of them getting their money back is very slim. Useless!

[steve2006]

Have you not got the legal assistance cover as an addition to the policy?

Elephant should be Ostrich as they bury their heads in the sand!

I clipped a parked Landrover's mirror a few weeks ago in my van but still stopped and exchanged details with the driver, she got the cover replaced and I paid for it instead of involving the insurance.

I couldn't have simply drove on and lived with the guilt.

[Boxbrownie]

Sorry to hear this Stu, but I am afraid it does not come as much of a surprise, good luck with the pursuit of claims, just as an aside do you happen to be a member of the AA or RAC as you can use their legal team I believe, or even your own insurance uninsured loss recovery cover?

My insurer (elephant) said they would not be willing to take on the case as the cyclist has no insurance so chances of them getting their money back is very slim. Useless!

Silly me of course, I suddenly forgot what we have insurance for! Bunch of :tsktsk: ......

Edited June 20, 2014 by ColinBarber

[Cable]

Oh dear, sorry to hear about this mate. I've been a bit behind on reading posts...

[Stuno1]

Oh dear, sorry to hear about this mate. I've been a bit behind on reading posts...

Car is going in tomorrow to be sorted :)

[Peter P18]

Nice one Stu. :)

Fingers crossed they don't need to keep it too long! ;)

I'm getting mega withdrawl symptoms after almost 3 weeks without my car!!

Keep us posted on how it gets on chap.

Cheers.

Peter :)