http://citycyclingedinburgh.info/bbpress/ CityCyclingEdinburgh Forum » Topic: MMM - Cycling, pavement, injury, no insurance, no compensation en Sun, 31 May 2026 14:44:16 +0000 http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281605 Tue, 01 May 2018 17:06:09 +0000 Arellcat 281605@http://citycyclingedinburgh.info/bbpress/ <p><em>being dragged up from several months ago by a newspaper</em></p> <p>Some might say that calling the EEN the chipwrapper is an insult to chips. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281600 Tue, 01 May 2018 15:26:13 +0000 Nelly 281600@http://citycyclingedinburgh.info/bbpress/ <p>"Legal experts say dozens of people across the Capital and Lothians are missing out on compensation after being unable to make an injury claim due to cyclists not having any insurance"</p> <p>Dozens of people, dozens I tell you !!</p> <p>What utter nonsense - while I sympathise with this poor lady, this is crap.</p> <p>And, as someone mentioned earlier - why is the EEN allowing DB to whip up a compensation culture where people are "missing out" on a claim?? </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281588 Tue, 01 May 2018 13:31:14 +0000 urchaidh 281588@http://citycyclingedinburgh.info/bbpress/ <p>Gordon Dalyell, partner at Digby Brown Solicitors, didn't say: “When someone doesn't have insurance then, financially, it's not worth our while going after them. Our cut of a small compensation claim wouldn't even cover my dry cleaning bill." </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281587 Tue, 01 May 2018 13:29:42 +0000 jdanielp 281587@http://citycyclingedinburgh.info/bbpress/ <p>@dougal surely the Right Rev IWRATS? </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281585 Tue, 01 May 2018 13:14:05 +0000 neddie 281585@http://citycyclingedinburgh.info/bbpress/ <p>The fact that a pedestrian suffered an injury by a cyclist is being dragged up from several months ago by a newspaper, only goes to show it’s thankfully a relatively rare occurrence.</p> <p>Rare enough to make it newsworthy. Now, motors on the other hand... </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281584 Tue, 01 May 2018 13:05:41 +0000 dougal 281584@http://citycyclingedinburgh.info/bbpress/ <p>Like any good minister, the Rev IWRATS is able to bring the homily back round to why you need Our Lord and Saviour Segregated Cycle Infrastructure.</p> <p>My sympathies to the injured woman. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281582 Tue, 01 May 2018 12:59:05 +0000 I were right about that saddle 281582@http://citycyclingedinburgh.info/bbpress/ <p>Liability is unaffected by whether you're insured or not. The article is mince.</p> <p>The main problem would be identifying the person involved I'd have thought.</p> <p>As ever the solution to this problem, if it really does exist, is segregated cycle infrastructure. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281581 Tue, 01 May 2018 12:58:14 +0000 neddie 281581@http://citycyclingedinburgh.info/bbpress/ <p>Except that the teenager probably <em>was </em>insured, assuming they live in a house and the house has home insurance.</p> <p>Third party public liability insurance is normally included in home insurance (statutorily?) and includes the use of bicycles for household members (only <em>motor </em>vehicles are excluded). </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281580 Tue, 01 May 2018 12:54:49 +0000 Baldcyclist 281580@http://citycyclingedinburgh.info/bbpress/ <p>'... being hit by a teenager cycling on the pavement ..."</p> <p>Quite possible the youf, might not have been able to buy insurance even if it were available, are we saying over 18 only to ride a bike?</p> <p>Though, I suspect the youf needs a proverbial (or even literal) kick up the backside. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281579 Tue, 01 May 2018 12:53:40 +0000 neddie 281579@http://citycyclingedinburgh.info/bbpress/ <p>Looks like an advertorial for Di... Br... if you ask me.</p> <p>They are also aggressively advertising on the local radio for injury compensation claims.</p> <p><em>the victim has been told she cannot sue and has no claim for compensation because the rider was not insured. </em></p> <p>It's completely irrelevant whether someone is insured or not if you want to sue. If they are not insured, and you succeed, then they pay the damages out of their own pocket.</p> <p>What the above statement actually means is that the victim has been advised not to sue because she has exceedingly little chance of winning.</p> <p>Which leads me to believe this is simply a nonsensical advertorial. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281578 Tue, 01 May 2018 12:48:46 +0000 Morningsider 281578@http://citycyclingedinburgh.info/bbpress/ <p>The ambulance chaser doesn't actually say a pedestrian knocked down by an uninsured cyclist can't pursue a civil action, rather:</p> <p>"...if a cyclist isn’t insured then it makes it difficult for the pedestrian to recover damages."</p> <p>Difficult - not impossible. No-one is being "blocked" from doing anything. I doubt solicitors want this work, as it probably involves quite a bit of graft - for minimal return for them and the claimant. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281574 Tue, 01 May 2018 12:20:34 +0000 Stickman 281574@http://citycyclingedinburgh.info/bbpress/ <p>"Gordon Dalyell, partner at Digby Brown Solicitors, said: “This is a really common issue faced by pedestrians and our solicitors are genuinely upset when they have to tell people they can’t doing anything to help.</p> <p>“The reason for this is if a cyclist isn’t insured then it makes it difficult for the pedestrian to recover damages.</p> <p>“And because so many incidents aren’t prosecuted, injured parties can often feel they’ve not seen justice in either the criminal or civil courts.</p> <p>Mr Dalywell also said <strong>he was against cycling insurance being mandatory due to additional costs to the state and rider</strong>.</p> <p>That won't stop the usual suspects demanding mandatory insurance. </p> <p>"Conservative transport spokesman, Nick Cook said: “It isn’t acceptable for cyclists to travel on pavements. However many cyclists feel they have no alternative due to the poor condition of Edinburgh’s pothole laden streets"</p> <p>Can someone please take Nick Cook for a bike tour of the city taking in Princes st, Haymarket, Tollcross etc to see how he reacts? </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=18796#post-281573 Tue, 01 May 2018 12:15:03 +0000 chdot 281573@http://citycyclingedinburgh.info/bbpress/ <p>“</p> <p>But the victim – who cannot be named – has been told she cannot sue and has no claim for compensation because the rider was not insured. </p> <p>The Evening News understands the incident happened last year in the south-east of the city. </p> <p>Due to the cyclist having no insurance she could not pursue a civil case while Police Scotland also ruled out criminal charges.</p> <p>“</p> <p><a href="https://www.edinburghnews.scotsman.com/news/woman-hit-by-cyclist-on-pavement-blocked-from-claiming-damages-1-4732769" rel="nofollow">https://www.edinburghnews.scotsman.com/news/woman-hit-by-cyclist-on-pavement-blocked-from-claiming-damages-1-4732769</a> </p>