After some advice…someone I know pulled out in their car from a library car park, the car park needs you to cross a pavement to leave, as the car was stationery waiting to pull into the road, a cyclist on the pavement went straight into the side of the car. Bike came off worse (front wheel broken)but cyclist fine and now they want to claim against car driver…is this right as car was sat still and cyclist on pavement hit them. Cheers in advance…

a cyclist riding on a pavement hits a stationary car, and you are asking who’s at fault?

Not enough info in the OP to establish blame. Any witnesses? Insurance may end up 50/50 so a cash offer might be the simplest even if it feels wrong.

Sounds crazy but persons car insurers said the cyclist can claim against them! Hence I’m after feedback on here, never right!

Did the car pull out in front of the cyclist then stop giving the cyclist no room to stop? I have hit a car ( gently) that did exactly this – pulled out in front of me fromn a side road then stopped. So although I hit a stationary car the car driver was at fault. also was the pavement marked up for cycle use?

Pavement not marked for cycle lane and car was already stationery when Bike went into it.

Did the car have it’s handbrake on? If not, the how would they claim to be stopped when the cyclist hit the motor…

Couldn’t answer that sorry, I meant stationary as in not moving…

wergsy

Yes – but the car could have pulled into the cyclists way then stopped without giving the cyclist time to stop

However if the pavement is not marked for cycling I cannot see how the cyclist would have a claim

I think you are entitled to expect an occupant of a pavement to be doing no more than 4 mph.

I think you are entitled to expect an occupant of a pavement to be doing no more than 4 mph.

Including cars?

Agree Tjagain, odd how insurers say there is a claim as he shouldn’t be on pavement in the first place.

Being on the pavement doesn’t mean he can’t make a claim,it will just reduce the drivers contributory negligence.

Don’t forget both parties were on the pavement

Does it matter that he was leaving a car park that crossed a pavement? So in theory we could all ride on a pavement and if we ran into a car pulled up claim? Funny old world…

A driver still has a duty of care to check his environment whether it’s crossing a pavement or driving down the road

Not sure he could do much if the cyclist wasn’t looking where he was heading on the pavement.

The cyclist may have had a car suddenly and unexpectedly pull out of the car park and stop in front of him

Yup – but should he be cycling on a pavement? Surely by being on a pavement nullifies you right to claim? Could the car driver claim for damage to his car? It’s a sticky wicket…

Illegality as a defence isn’t really a thing. I could write more but it’s late and I’m on my tablet

In short it’s a very high bar to achieve and riding on the pavement isn’t anywhere close to clearing it

Thanks for the feedback all, much appreciated

you both tell your insurance companies and they sort it out. Pointless argument otherwise. Its an accident it happened that’s why you have insurance or cycling cover with BC etc

You’d think a uninsured, un taxed, un registered, un licenced rider of an off-road motocross bike flying up the main road who clattered into my van wouldn’t be able to put a £25k claim in either would you…….