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

There's nothing morally wrong about claiming for losses caused by a minor.

There's nothing morally wrong about claiming for restitution when you've suffered a loss and it wasn't your fault. If it's unjustified then the courts will chuck it out.

From what I can gather z's not talking about fraudulently padding out a claim but I've seen that course of action enthusiastically promoted on here many a time when a car driver's been (allegedly) culpable. It's just a roll of the dice which way it goes on here, eh?

AlasdairMc, Smelli it and Hora and pals,

I've already spoken to the parents who thanked me for giving first aid and looking after their kid organisining ambulance even when I was injured I thought it was more important than stupid bikes. But when I called him a few days later to ask how the kid was he basically told me he was instructed not to speak to me and put the phone down.

I'm not talking about fraud, I'm claiming for my bike off my own insurance e.g. a car drives off but you can still claim from yourself.
But my uninsured losses are not covered and they are at fault and probably seeked legal advice themselves.

I've covered myself, have 3 main witnesses and police reports.
I was only ever seeking moral advice regarding a minor as I felt it was wrong to do so as I felt sorry for them even though I was not at fault.

I know nothing about the minor, I have no grudges, I do have a fact that I am out of pocket because someone was being stupid.

But if only the replies from yourself saying I'm petty? people who do know me from here will know I am not like that at all.

You can defend Hora and yourself but you showed your true colours like many people on here.

I am not wasting my time anymore on this forum arguing but I will be claiming and I thank you all for convincing me to.

Cheers 😀

I still think that contemplating legal action against a kid for what is, in the big scheme of things, a small sum of money is taking the piss.

You are implying that you are completely beyond reproach, that you have never done anything stupid as a kid, and you are punishing the parents for something their kid did in the heat of the moment.

At no point did I say you were making a fraudulent claim, although you posting the following suggests you're looking beyond tangible losses

I'm gonna sue their a$$e!

Also, on a different point:

he basically told me he was instructed not to speak to me and put the phone down.

You've successfully gone from being the Good Samaritan who gave first aid on scene to being the villain. Do you honestly think the kid has enough money in their piggy bank to cover legal fees on both sides plus your other claims?

Its nothing personal.

Its insurance, practical and financial.

Do you honestly think the kid has enough money in their piggy bank to cover legal fees on both sides plus your other claims?

They know that, they are just trying to do a STW jobbie.

All I wanted was to see other experiences not whether I was right or wrong and got a trial but to be expected on here.

If I wanted to know if I was in the legal right I would not consult STW Joe Nobody for legal advice -I learned that before.

To me its no different from being knocked over by a car but sure there is a minor involved and that may make me look bad but I can live with it.

[img] [/img]

[i]Rounders? you need to be enlightened! [/i]

which other ball games are you suggesting then ?

Kev

How about the one that involves a kicking...

😈

Cougar - Member

"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.

Really? I am driving without due care anytime I pass a parked car at more than 5mph? 🙄

You're supposed to pass parked cars with enough clearance that they can open a door and not catch you - I think I was told four feet back when I was learning.

In practice this is patently pish, it's just not always possible; however, you probably wouldn't have a leg to stand on in an insurance scenario.

As I've said repeatedly, I'm not saying I agree with it, just playing devil's advocate.

Cougar - more than a doors width is correct and I always do so. Same as I always look into, over and thru cars to look for people about to do anything stupid.

Riding within a doors width of a parked car unless you are certain there is no one in it is stupid. Its always possible to do so.

Zaskar, I was in Guisburn this morning. The carpark was rough-track with a fair few water-wear holes.

Perfect for your next little earner.

hora - Member
Zaskar, I was in Guisburn this morning. The carpark was rough-track with a fair few water-wear holes.

Perfect for your next little earner

Thanks Hora I'll make a note of it. 😉

however, you probably wouldn't have a leg to stand on in an insurance scenario.

The highway code is pretty clear that the opener of the door has responsibility
"you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic" from [url= http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860 ]highway code[/url]

That said I always give them a very wide berth. Sitting bleeding on the pavement isn't great even if you are in the right 🙂

Think I'll ride a bit further out from parked cars regardless of the highway code, open door at speed could be lethal.

Just hope the cars behind don't moan for taking extra road room when riding.

Sorry Cougar you are talking ****. The notion that you are entirely liable if folk jump out on you is a nonsense.

You are right al - It all depends on the situation who is at fault - and usually it would be the pedestrian. I can envisage a scenario where the cyclist was at fault but its a rare set of circumstances.

Hora,

Are you bored yet or do have anything else witty to say?

Come on Mark I'm waiting for you 🙄

He's probably nervous that if he makes you laugh or angry and you fall off your chair, you'll sue him.

If there's no lasting injuries/damage to you , then I don't think you should sue

Coyote, are you his gay boy? you seem to protect and speak for him a lot.

He does make me laugh for yrs since he has been posting on STW, angry? no way its only a light hearted forum.

But he has chosen to target me, and sigh if you wish to aid him please go ahead.

I'm not claiming for injuries Hitman I've had whiplash before and know it takes a while to recover.

I'm just claiming for what I have to shell out-my excess and helmet.

If I knocked you over by running out just as you passed and you ended up with £200 bill, would you forget it and if so then maybe I am going to extreme but I shouldn't be out by even £1 unless it was my fault.

Oh well will see what happens and post an update. I hope it doesn't happen to anyone else as it sucks.

No at all, I just don't like the "Where there's a blame, there's a claim" culture that you seem so fond of.

I never said I was fond of it Coy,

No such thing as blame, but cause and effect. I didn't cause the accident so why should I pay the bill.

That culture has existed for yrs, but only highlighted recently and lots of ppl make false claims which is not right.

Would it make it a difference if it was a car and not a person?

Say I knocked you over Coy, smashed your bike up, put you off work for a few days and put you out £200 cash, you would say thanks for that and leave it? NO you would not, you'd be asking me to cough up and you know it 😆

You can go now and see to Hora's needs. 😈

Mind boggles. Was I brought up in a different era to some people on STW? Do I have old-world values?!

No need to get personal.

As regarding suing, I refer you to my earlier answer:

To be honest, it really would depend on the situation. If we are talking genuine mistake by driver and nothing more than a couple extra scars to me and the bike then no probably not. We are all human, we all make mistakes. However dickhead driver or genuine damage to me or bike then, maybe.

Hora - not a different era - a different planet. We know you are an alien from planet zarg.

Coyote - are you really expecting us to believe you wouldn't sue a car driver who caused you permanent damage?

TJ, read the post again.

Its just too mentally fatiguing speaking to the compo-culturists. Good day and all the best with your next claim.

I have coyote - you seem to be saying that if the your injuries were just a couple of scars and similar to the bike you wouldn't sue?

That is plainly ridiculous. Genuine mistake or not ( no such thing driving IMO) - you have been injured thru no fault of your own and you let the driver off?

hora - Member
Mind boggles. Was I brought up in a different era to some people on STW? Do I have old-world values?!

I have nothing against your values Hora, everyone differs, I do take it personal when you post on other threads to make me look like some claimer
but then again its just a forum which is why I'm giving as good as I get.

I only asked about real life experiences but you thought it was funny to try to defame me and I do not take it lightly.

Don't get involved TJ, I do respect you, but I don't want anyone else to be targetted by STW posters and end up scrapping on the forum, you're a better person than that.

I'm having fun with Hora and his followers, but to be honest I'm getting bored (maybe he is) sinking to their level and I'm going out.

Hora YGM if you wish to have a one to one chat I'll be at Mountain Mayhem as you doubt my story, I'll only be too happy to chat and show you the evidence over a beer. 😀 But if you still think I'm in the wrong thats fine I respect your view but try defaming me when you're not hiding behind your friends or a pc and I will do the same.

I have coyote - you seem to be saying that if the your injuries were just a couple of scars and similar to the bike you wouldn't sue?

That is plainly ridiculous. Genuine mistake or not ( no such thing driving IMO) - you have been injured thru no fault of your own and you let the driver off?

Presumably you have never made a mistake? I envy you, I really do.

If I thought that some financial retribution was due, I would hope that I would be big enough to sort it out without resorting to solicitors.

Ah - so you would go after the drivers insurance then?

Mistakes behind the wheel will normally have a cause such as not paying attention - hence never s genuine mistake but always negligent.

Umm Coyote, I did try and even the ambulance crew said thats an expensive bike to crash in front of the parents who even said their kid ran out without looking and we're sorry.

When I rang them to exchange details they fobbed me off and told me they were not speaking to me for legal reasons.

If I was bruised and battered thats fine, I've been in accidents before it happens, but this one put me in hospital and out of pocket.

If you would like to give me £250 then I will not claim against them.

Funny thing is they are probably had legal advice and trying to sue me!

I agree with Zaskar why should he be out of pocket? I am glad the kid is ok but the parents are responsible for keeping control of the kid (like you are with a dog) so claim off their insurance its why you have insurance.

When I rang them to exchange details they fobbed me off and told me they were not speaking to me for legal reasons

Sorry, either you didn't make that clear or I didn't read it properly. Ultimately you were there, I wasn't. Good luck what ever you decide to do.

Oh, and I won't be writing any cheques out to you for £250. Unless you'll be selling some 130-140mm forks with a 20mm bolt through anytime soon? 😉

Ah - so you would go after the drivers insurance then?

I would hope to deal with the driver on a one to one basis without crying to a solicitor.

Coyote - Member

Ah - so you would go after the drivers insurance then?

I would hope to deal with the driver on a one to one basis without crying to a solicitor.

You know I already posted that I tried and he was having none of it, put the phone down on me when I said we should swap insurance details in case the child was injured which he said was fine and just shaken, so don't even go there.

I know it sounds crappy, but to me its no different from a car or a pedestrian knocking me over.

If I was fine I wouldn't even think of claiming. But this was a big one and I was left out of pocket, I still might not go ahead if my insurance pays me out my helmet etc. I could claim for whiplash but I am MTFU about that its only mild. If I was paralysed then I would sue.

My insurance will pay out, and from the Police report my bike insurance will sue the parents regardless of what I do as they are paying me for the bike as an accident. Then they will try to recover their money off them without notifying me.

Should I not even claim for my damaged bike off my own insurance?

I may sound harsh but its not an easy thing to do but legally I am in the right and morally it sucks but its Insurance Vs Insurance; not me vs Parents out of spite.

Coyote - Member

Ah - so you would go after the drivers insurance then?

I would hope to deal with the driver on a one to one basis without crying to a solicitor.

And if they tell you do go away?

TandemJeremy - Member

Coyote - Member

Ah - so you would go after the drivers insurance then?

I would hope to deal with the driver on a one to one basis without crying to a solicitor.

And if they tell you do go away?

He'll pay out happily because he's nice bloke and maybe he'll pay me too and pay the driver who caused it as Coyote is a nice bloke... 😆

FFS, OK TJ if it makes you happy then yes I may involve the services of a solicitor. You were right, I was wrong. The compo culture is right and all car drivers are murdering bastards. I kneel at the alter of your smug superiority.

Zaskar, yes I try to be a nice guy.

Coyote - Member
FFS, OK TJ if it makes you happy then yes I may involve the services of a solicitor. You were right, I was wrong. The compo culture is right and all car drivers are murdering bastards. I kneel at the alter of your smug superiority.

Zaskar, yes I try to be a nice guy.

I don't think TJ is being smug but everyone is arguing a valid point.
He recognises you saying you will dust yourself off and ignore any minor clang but what if you were you involved in a big accident?
You say you wouldn't do anything but thank the driver or kid for putting you out of £1500?

Sorry but I don't see that at all unless you are wealthy and can afford to do so.

And if you are, lend me £1500 and I won't even claim of myself so the insurance won't put everyones premium up. Yes the false claim culture is wrong.

Would you also say that to the soldiers who are claiming for serious injury from fighting the war in Afghanistan? That they are claiming extra for nothing but a lost limb? Maybe thank Abdul the Afghan for shooting well? Bloody Claim Culture.

ME: "Coyote can I have £1500?"
Coyote: "**** off!"
ME: "Does that mean no?" 😉

Most people are nice on here which I do think you are, but some are not which is a shame. I'm sorry if I have offended anyone including Coyote and even Hora.

just seen the tags on this one 🙂