Anybody sued a pedestrian for walking out on you causing a crash/damage/costs?

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Anybody sued a pedestrian for walking out on you causing a crash/damage/costs?

86 posts & 20 voices | Started 1 year ago by zaskar | Latest reply from hitman

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zaskar - Inactive

I had someone run out in front of me as they messing about without looking at the road literally parrallel next to me. Nasty smash both of us went to A&E but ok etc. Other person was under 18yrs and parents apoloogised etc I'm glad they are ok etc.

My insurance is going to pay for my bike damage.
£60 excess,
My Pedals and cleats ripped apart £100!
My helmet smashed £110
and I still can't ride with dizzyness and headache and a tear in my traps (back whiplash) and missed a day off work. GP reckons I'll be ok in a few weeks but no riding.

Walkers/Witnesses backed me up etc.

I was kind of glad everyone was ok and it was not my fault and I looked after the other person till ambulance arrived before my shock and injuries set in.

I guess I feel guilty as the parents will pay out as my insurers say the above is not covered and legal cover will try to claim it all back.

Your Thoughts on what would you do? sue or just leave it?

Posted 1 year ago #
nickjb - Member

I wouldn't bother trying to sue for a couple of hundred quid. More trouble than its worth. Might be covered on your home insurance.

Posted 1 year ago #
smell_it - Member

Sometimes accidents just do happen, our compo culture makes me despair.

Posted 1 year ago #
hora - Member

I'm with smell_it.

If you were in a car and a minor ran out and you ran them over causing negligible injuries but dented your bonnet. Would you still sue?

Posted 1 year ago #
Edric 64 - Member

All the mines are closed it wont happen

Posted 1 year ago #
ken_shields - Member

I once got £250 off some 14yr old girl's dad for running her over for damage to my car.

She was on a bike at the time and came off the pavement straight out in front of me and I hit her at about 15mph and lifted her and her bike up onto the bonnet. Luckily she was just a bit bruised and her bike was decidedly banana shaped. I'd just had my car repainted so wasn't best pleased at the amount of scratches to the bumper, grill and bonnet. I went round to see if she was OK and asked her dad to pay for the damage and I got an estimate off my mate who'd painted it and he gave me cash. If he'd told me to do one I wouldn't have taken it any further

Posted 1 year ago #
Cougar - Member

I doubt you'd be successful if you were to sue.

The argument is that you should have been riding such that you can stop in the distance you can see. If she ran out in front of you, you should've been riding more slowly / further away from parked cars / otherwise more defensively.

Not that I'm saying I agree with that, the whole thing's a crock really. Just saying, that's what the insurers / courts would argue if you were to push it, and they'd probably win.

Disclaimer, I am not a lawyer, etc etc.

Posted 1 year ago #
hora - Member

Kid knocks over your bike, rides into your parked car. I'd ask the parent to pay.

Kid runs/rides out into road- I'm sure the driving lessons, tests & law reinforce that you have to expect minors to do the unexpected? I.e. the onus is on the adult to monitor potential developing hazards?

When I was a kid I closed my eyes to see how far along the road I could ride with my eyes closed. I went straight over the bonnet/roof of a parked VW Polo. The owner's (gardening) first reaction was to make sure I was ok, his second was to laugh his head off when I explained. He then told me to go on my way (laughing).

Posted 1 year ago #
coffeeking - Member

Still only a £60 excess surely, cleat/pedals and helmet are all part of the bike deal. OR at least they are if they're stolen, so why not if crashed?

Posted 1 year ago #
Rich_s - Member

Interestingly (?) this is exactly why just about every household insurance policy has a "personal liability" section on it. Never really looked into the case, but apparently in the 50's or 60's a chap stepped off a kerb into the path of a cyclist. The cyclist was killed or seriously injured enough to not be able to work again. No insurance is required by statute for either the pedestrian or the cyclist so the injured party was unable to work again and provide for his family other than what costs are paid for by the state.

Insurers then realised they could sell liability insurance for your actions as a private individual. One of your responsibilities as such a person is to not damage other people/property through your negligence, and stepping off a kerb/running out onto a road is a negligent act.

Household insurance covers all members of a household, so this minor should be covered under their parents' household policy provided it has this section.

Accidents do happen; but what if this kid ran out and Zaskar was paralysed?

Also noting the comment about "compo culture" (which I agree with in general) you'd be surprised about how long some of it has existed. Oh, and how useful it can be...

Posted 1 year ago #
zaskar - Inactive

I was actually knocked off as the person ran out from behind a bridge and there was no way I would see them.

My legal cover/insurers wants to go this way.
Will post back but I am in a loss because some idiot ran in front of from nowhere and I would not see them or stop as I was going slowly on a bike path/road.

See what happens.

Posted 1 year ago #
Doug - Member

If a car pulls out of a side road in front of you as you are driving along then as a minimum you'd expect your car to be fixed so why not a pedestrian stepping off the kerb unexpectedly.

In a busy shopping street where you would reasonably expect someone to step out and then responsibility is often shared between parties.

Posted 1 year ago #
johnners - Member

I was knocked off my bike by a car - my fault - the driver made a claim against me for the several hundred quid's worth of damage to his car, and rightly so. Same thing here, the incident was the other party's fault, why should you be out of pocket?

Posted 1 year ago #
zaskar - Inactive

I guess I just feel bad about suing a minor?

Posted 1 year ago #
zaskar - Inactive

If is was the other way round they would be suing my butt for being in neglect.

Posted 1 year ago #
hora - Member

With the car analogy (sorry OP- off topic)- If a child runs out infront of your car...

Devil's advocate, if you hospitalise the child. At what point do you ask for restitution from the parents?

Posted 1 year ago #
pjt201 - Member

similar happened to a guy i know. He plays the trombone in the orchestra for west end musicals, was riding home from work one night when a pissed up bloke stepped off the kerb right in front of him, he fell off and broke his arm. meant he was unable to work for 3 months (was quite a nasty break iirc) and he was self employed so no sick pay, ended up suing the bloke successfully for loss of earnings as well as fixing his bike etc.

Posted 1 year ago #
zaskar - Inactive

Good to see both sides view here.

hora - Member
With the car analogy (sorry OP- off topic)- If a child runs out infront of your car...

Devil's advocate, if you hospitalise the child. At what point do you ask for restitution from the parents?

Thats why I feel crappy hora! legally in the right but morally it sucks a lemon.

Posted 1 year ago #
Cougar - Member

I was actually knocked off as the person ran out from behind a bridge and there was no way I would see them.

Then, from an insurance POV at least, you were riding too fast / inappropriately. Sorry.

"There was no way I could see them" isn't a valid defence; if you're riding somewhere where there's a possibility that someone could run out, you're supposed to ride so that you can avoid them if it happens.

Try it in a car, see how far you get. You'll be slapped with a 'driving without due care' in addition to everything else.

(and to reiterate, I'm not saying that it's right or I agree with it, 's just the way it is unfortunately)

Posted 1 year ago #
zaskar - Inactive

Appreciate that Cougar, but I was on a bike path, under a bridge and not going fast and witnesses heard me ring my bell as I went past them prior, people were hiding and bolted out in front of me by inches and instead of using the steps they had climbed over and sneaked down an embankment and had ran down, they came across from my right straight into me. The council has fenced that area up but they keep climbing over it.

If I can claim on just my insurance and get it all back then fine I'm happy.

I'll post what happens. Even the Police were on my side.

Posted 1 year ago #
thepodge - Member

Its an accident, so what if it costs you a few bob

Posted 1 year ago #
zaskar - Inactive

Will give you give me the few bob thepodge?

I'm gonna sue their a$$e!

Posted 1 year ago #
smell_it - Member

Accidents do happen; but what if this kid ran out and Zaskar was paralysed?

He wasn't. If he had been the answer would be different, hence why the legal system has principle of restitution built in. I just think there is a whole world of difference in sueing for say, a lifelong loss of ability and earnings, compared to some scratched pedals.

Posted 1 year ago #
Rich_s - Member

If he had been the answer would be different

No it wouldn't. In forum land it is often the right of the morally outraged to bang on about 'petty' differences, but there is no difference between the cases and that is why I made that statement.

Posted 1 year ago #
zaskar - Inactive

I can understand all sides to it,

No need to argue and all that, but wait and see what happens and I'll post back.

I had the same thing when hit from behind last year when I was told to go F*** myself by the forum to try and claim and I was in hospital with injuries.

I got £2500 btw. And I didn't claim against the Uni which had dangerous surfaces on its car park but someone else did and it was in the local papers for £££!

In this case I was looking at the morals behind claiming for damaged goods and my injuries as there was a minor involved.
Wasn't looking at who to blame as my insurance solicitor already interviewed me and I gave them photographs and witness statements as we have bloody good case.

I was interested if people had similar experiences. Anyway at home injured with a sprained neck.

Personally I'll be happy with my excess back and my helmet and my brand new Time pedal costs. I don't think its fair if people lie to claim etc but people are honest and put out because someone was stupid enough to run out from a hidden area near a cycle path because they were messing about and the parents apologising to me, well I'm not going to sit around as I worked hard to pay for my bike gear.

Posted 1 year ago #
hora - Member

Right...

Should you be riding uneven surfaced-trails? NO offence, I doubt your story.

Posted 1 year ago #
zaskar - Inactive

hora - Member
Right...

Should you be riding uneven surfaced-trails? NO offence, I doubt your story.

Riding Trails???
I was walking to my car on that linky, besides the Uni took it serious enough to fix it when I complained about the surface could be dangerous to others. Student union and TUS had loads of complaints for the car park but its finally fixed.

I was on my roadbike in this recent accident.

You doubt me regarding what story which is fresh coming from your posts Hora

Posted 1 year ago #
hora - Member

You doubt me all you want.

We have been brought up totally differently.

Posted 1 year ago #
zaskar - Inactive

Which part do you doubt?

Posted 1 year ago #
smell_it - Member

but there is no difference between the cases and that is why I made that statement.

Not in forumland people will vary their behaviour or actions in line with potential consequences, so whilst the cases may be the same, an individuals actions may differ.

Posted 1 year ago #
zaskar - Inactive

Thanks for posting in different threads about me Hora, you must be a little man to try target me to make yourself look big.

Personally my character is harder than anything you can come up with your pathetic attitude to defame as a insurance claimer.

I hope you never ever have a serious injury which is not your fault where you lose out financially.

Posted 1 year ago #
Coyote - Member

Dude, accidents happen. People start suing for everything and we head down a pretty shitty road. Just accept that some days you are the pigeon, others you are the statue.

Posted 1 year ago #
AlasdairMc - Member

Hora isn't trying to defame you, he's just pointing out two threads where you've wanted to sue people where most other people would have got on with their lives.

You're out of pocket this time, why not use the compensation from last time to cover your losses?

Posted 1 year ago #
zaskar - Inactive

@Coyote Thats why I took out accidental insurance on my bike to claim against myself as accidents happen regardless of fault.

Its the Insurance/legal cover team who wanted to claim back my excess and uninsured losses for something that was not my fault at all. I was convinced after a chat on the phone and after a week nearly of being hurt myself.

I posted here as I felt morally it was wrong to sue a minor but if the roles were reversed I would be arrested by now and have the finger pointed at me. I thank STW and ppl like Hora convincing me to MTFU and not to treat others fairly.

Even if I say I don't want to claim for my losses, the insurance company will still claim off the 3rd party their losses.

Anyway I don't want to give too much info out as the case is open and from people emailing to MTFU I would like to say to them and Hora I will do whats right and hope it doesn't happen to you.

Posted 1 year ago #
zaskar - Inactive

AlasdairMc - Member
Hora isn't trying to defame you, he's just pointing out two threads where you've wanted to sue people where most other people would have got on with their lives.

You're out of pocket this time, why not use the compensation from last time to cover your losses?

Pointing out by sarcastic comments after doing a search on me? would you like me to do the same for him? I don't have to as I have lost count how many times he's been told to 'go away'.

I only got compensation when my car was written off in an accident from another car hitting me from behind while parked to get repairs and my physiotherapy.

What would the parents have done if the roles were reversed? they would be kicking and screaming at me. So don't give me that!

Posted 1 year ago #