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Legally, there are so many ways that any judgement against the car driver can be declined that it is just not worth the trouble.
No there is not I am sure all the witnesses will say bike wa sin x place for x time person got into vehicle reversed over it told the to **** off and drove off. The best they could hope for was contributory negligence as you cannot reverse in to stationary objects just because someone parked it poorly!! You are moving it is not the only way to crash is for the moving thing to hit the stationary thing which was ALWAYS there. Only on STW would you even need to "debate" this.
so, your dim enough to leave your bike on the ground in a busy car park where other vehicles are passing and it get damaged and that someone elses fault - i think he / his insurnce co will run circles around you
L leave my car on busy roads where vehicles pass all the time- is it my fault if it gets hit or the one in the MOVING vehicle that hits it ? thats not even a starter for 10- as its blindingly obvious
Going back to your small child example.
Whilst packing up you told a small child to sit in the position where you left your bike.
The car next to you reverses out over said child. And you then posted that on a forum claiming it to be the drivers fault.
Well they have just run over a child who was there all the time - If i drive down the road and someone is in the road can I just run them over as they should not be there? When I do its their fault ? Can io only run them over fwds or backwards? - what about both as they should have moved /not been there?
You are a QC I assume
I think in this day n age, when insurance companies will look for any loop hole in order to avoid paying out for a claim, you are going to need all the luck you can get, at most 50 - 50 i would say, i hope im wrong for your sake op,but i would be amazed if they pay up, good luck, you will need it lol.
Junkyard, You seem to have a lot of experience in these issues.
What exactly are your transport legislation / experience in these matters?
When I drop my nipper off at nursery, standard procedure would be park, remove buggy from boot, leave buggy behind car, remove and insert child, walk away. I would be [i]surprised[/i] if someone ran over either my buggy or me and my child and claimed it to be my fault! Where else am I meant to go?
He left his bike where it was not safe and it got run over, get over it.
A friend left his £800 air rifle on the ground at the back of his car in the car park of a HFT shoot.
Another friend ran it over I identical circumstances.
But the owner had the good grace to realise despite being upset if he had not been a **** and left it there it would not have been run over.
It even occurred to him what happened could happen when he placed it there but decided the risk was tiny as it would only be there momentarily.
Stop trying to blame someone else if he had put his bike safely out of harms way instead of leaving it in the way expecting others to avoid it .
How did this car turn quick enough to run a bike over left behind a van - none of my 4x4s will do that.
Or by behind the van do you mean in the vacinity but actuallyin the middle of the road ?
He reverse out of a space, instead of reversing in and driving forwards out as per basic common sense & the Highway Code. Bell end of the highest order, and his being a bell end caused damage to your bike. Simple.
Pavement ? Why would you obstruct the road ?park, remove buggy from boot, leave buggy behind car, ... Where else am I meant to go?
BOLLARDS, thats what you want, lots of them to create a safe and sterile area round your bike.
or a bike forcefield,will warn off errant motorists by sounding a message,and a strobeing light available from www.bikeforcefields.con
TuckerUK - Member
He reverse out of a space, instead of reversing in and driving forwards out as per basic common sense & the Highway Code. Bell end of the highest order, and his being a bell end caused damage to your bike. Simple.
Look at any supermarket car park and look at all the "bell end" car Parker's you complete muppet!
Bloody hell... He was at a trailcentre, you park nose in because you want easy access to the boot. Same reason everyone parks nose in at supermarkets. Get a grip.
Bloody hell... He was at a trailcentre, you park nose in because you want easy access to the boot. Same reason everyone parks nose in at supermarkets. Get a grip.
I drive a van with rear doors and always reverse into spaces, no problem for me getting in the back, the housekeeper usually unloads the trolley into the van.
How big a van? I have a choice, either park nose in and be able to open the boot, or park rear in and not (well, or park rear in and sticking out into traffic, but that's not so good).
actually getting a trolley to the boot can be impossible in a busy carpark too, unless you park nose-in.
Northwind - Member
Bloody hell... He was at a trailcentre, you park nose in because you want easy access to the boot. Same reason everyone parks nose in at supermarkets. Get a grip.project - Member
Bloody hell... He was at a trailcentre, you park nose in because you want easy access to the boot. Same reason everyone parks nose in at supermarkets. Get a grip.
I drive a van with rear doors and always reverse into spaces, no problem for me getting in the back, the housekeeper usually unloads the trolleySo......are there any signs in place to say that you 'must' reverse park?
I doubt it.
In my eyes this is difficult. Putting your pride and joy on the floor in a busy car park and not keeping an eye on it is perhaps a little silly. Take responsibility for your own belongings. If you put it out of the way you wouldn't get it run over. Would you put a baby in a carry chair by the back of a van on the floor and turn your back on it??
Driver should have looked where he was going - but also had a point.
He reverse out of a space, instead of reversing in and driving forwards out as per basic common sense & the Highway Code. Bell end of the highest order, and his being a bell end etc etc etc.
Because I'm not a "bellend" when I park my van at Trail Centres, I always reverse in.
Then I get in the back of the van by climbing over the seats
Get my tools out and take the two bikes to bits.
And pass the bits of the bikes over the front seat to my missus through the window.
We then reassemble them in a safe place where nobody can reverse into us.
When we have done our ride, we do all the above (in reverse)
We can then drive out safely, forwards.
All because I don't want someone in the internet to call me a bellend.
(Sometimes I'm not sure its worth it ?)
No different from reversing into someone else's badly parked car in the supermarket car park. its still the drivers responsibility, and their insurance company are going to have to settle it.
citizens advice, letter before action to their solicitors and small claims if they don't settle
What exactly are your transport legislation / experience in these matters?
entirely non existent but I am not sure they are required to work out if the moving or stationary objects, in this scenario, was responsible for the crash.
park, remove buggy from boot, leave buggy behind car, ... Where else am I meant to go?
Pavement ? Why would you obstruct the road ?
There is no pavement because I'm in the middle of a car park. Similar scenario to the OP really. When I'm reversing in the same car park, I wouldn't be swinging the back end into an area that I couldn't see first.
Did you get any pics of the 4x4 after it reversed into the bike, for insurance company etc? that pic would be very valuable.
No offence OP, but I think you need to wise up. The man was in a 4x4, that means he doesn't have to pay much/any attention whilst driving, and I bet he's got his additional "4x4c*nt" licence, which means he can just shout and swear at you before speeding away.
Ive never seen a reverse-parked car in a trail centre car park, presumably for the boot access reasons given. I'm a police driver and we are taught to reverse park to be able to make rapid safe deployments but it is unrealistic at trail centres as illustrated by the faff described above in passing parts through. I also NEVER leave my bike lying on the ground in a car park either, it gets put somewhere out of harms way (eg propped up between front of my car and fence/wall/hedge).
Like others I can't see how someone can reverse out of a parking space and hit something tight behind your neighbouring car (esp a big 4x4), you must have left the bike much further away from rear of yours, and exposed to danger, than you imply.
The driver sounds a knob and in his position I'd feel responsible and offer to sort something out, but I don't have much sympathy with the OP because leaving a bike lying around and getting it run over is like leaving your car/house unlocked and getting it screwed- your negligence/laziness is a contributing factor in it being able to happen.
Damage is likely to be less than his insurance excess so he may choose to settle with you than risk you making a successful insurance claim which will impact on his NCB etc without any benefit?
davidtaylforth - Member
No offence OP, but I think you need to wise up. The man was in a 4x4, that means he doesn't have to pay much/any attention whilst driving, and I bet he's got his additional "4x4c*nt" licence, which means he can just shout and swear at you before speeding away.
......and that's my point!
The hatred of 4x4 drivers in this mad world. We are all tarred with the same brush, and yet, some of us also ride MTB like the rest of you.
Junkyard, You seem to have a lot of experience in these issues.What exactly are your transport legislation / experience in these matters?
What does it matter? His posts in this thread are based on obvious common sense and a basic understanding of the application of law In relation to a moving vehicle striking a stationary object.
The hatred of 4x4 drivers in this mad world. We are all tarred with the same brush, and yet, some of us also ride MTB like the rest of you.
Does being a 4X4 driver make you irritable and defensive?
fervouredimage - Member
Junkyard, You seem to have a lot of experience in these issues.
What exactly are your transport legislation / experience in these matters?
What does it matter? His posts in this thread are based on obvious common sense and a basic understanding of the application of law In relation to a moving vehicle striking a stationary object.
.....and common sense is always law?
Reading through this thread makes me realise what a bunch of t0ss-pots most of you lot really are.
Nipper99 - Memberso, your dim enough to leave your bike on the ground in a busy car park where other vehicles are passing and it get damaged and that someone elses fault - i think he / his insurnce co will run circles around you.
Cheers bud.
Case in point
I don't have much sympathy with the OP because leaving a bike lying around and getting it run over is like leaving your car/house unlocked and getting it screwed- your negligence/laziness is a contributing factor in it being able to happen.
So in your professional capacity you'd let off a scrote who stole stuff from an unlocked house or car because it was the owner's fault?
tizzzzle - Member
Nipper99 - Member
so, your dim enough to leave your bike on the ground in a busy car park where other vehicles are passing and it get damaged and that someone elses fault - i think he / his insurnce co will run circles around you.Cheers bud.
Case in point
What is your case tizzzzle?
aracer - Member
I don't have much sympathy with the OP because leaving a bike lying around and getting it run over is like leaving your car/house unlocked and getting it screwed- your negligence/laziness is a contributing factor in it being able to happen.
So in your professional capacity you'd let off a scrote who stole stuff from an unlocked house or car because it was the owner's fault?
The sad fact is that some judges would actually let 'scrotes' off for this reason 🙄
I read a bit of page 1 got bored and then cut straight to page 3, and its sank right to the level i thought, gawd bless you STW 😆
The hatred of 4x4 drivers in this mad world. We are all tarred with the same brush, and yet, some of us also ride MTB like the rest of you.
It's the classic stereotype, although I guess it exists for a reason!
Living in the lakes, I get to see some terrible 4x4 drivers. Alot of them probably local, and alot of them nodders in chelsea tractors who've just come to the lakes for a weekend away, with their awful kids.
They're still a bit unecessary though!
What is your case tizzzzle?
I guess if you have to ask then your viewpoint is different to mine. Which is fine.
They're still a bit unecessary though!
Is the ownership of any car with an engine capable of propelling the laden vehicle at more than 70mph not just as 'unnecessary' though?
tizzzzle - Member
What is your case tizzzzle?
I guess if you have to ask then your viewpoint is different to mine. Which is fine.
I have to thank you for your highly intellectual answer 🙄
Yeah i love doing 30mpg through choice.
Either do 30mpg in our second car or sit in when the winter snow comes not earning.
Totally unnecessary.
Whats unnecessary is cars who think just cause your a 4x4 they dont need to slow down an move over on country roads and expect you to get into the ditch so they can pass at 60.. I just stop on my side still on the road- they soon slow down.
Is the ownership of any car with an engine capable of propelling the laden vehicle at more than 70mph not just as 'unnecessary' though?
Yeh, some are more unnecessary than others though
They're still a bit unecessary though!
Drive what you like. Those stating that 4x4s are unnecessary are akin to those posting on bike forums slating people for daring to ride 6 inch full sussers at FoD. Who cares and who really cares enough to log onto a forum to have a pop?!
People driving over bikes in car parks and not having the decency to be civil about it are another matter though, regardless of the legalities involved. Sadly my experience of human nature suggests otherwise but surely you couldn't do that and not feel responsible and willing to make amends in some way?
felt - Membertizzzzle - Member
What is your case tizzzzle?
I guess if you have to ask then your viewpoint is different to mine. Which is fine.I have to thank you for your highly intellectual answer
Anytime
The sad fact is that some judges would actually let 'scrotes' off for this reason
Is that from the daily mail book of facts that are made up?
I have to thank you for your highly intellectual answer
an actual intellectual would not have needed to ask 8)
Who cares and who really cares enough to log onto a forum to have a pop?!
You mean people like you? 🙄
If you went out and left your door unlocked and come home to find you had been robbed you would still want to catch the culprit ,
Although I'm guessing you other half would probably put the blame squarely at your door.
And good luck with your insurance claim.
If the frame is damaged and it fails while you ride it, will you get a new enduro? 🙂
So in your professional capacity you'd let off a scrote who stole stuff from an unlocked house or car because it was the owner's fault?
Yeah, that's exactly what I said 🙄