I'm surprised he wasn't insured for public liability under his (or his landlord's) home contents insurance.
Perhaps he or his landlord did not have it?
CityCyclingEdinburgh Forum » Cycling News
Woman knocked down while on phone wins payout from cyclist
(55 posts)-
Posted 4 years ago #
-
This almost makes me afraid to cycle for fear of being bankrupted by someone who
a) is not paying attention
b) steps out onto a road at a red man or anywhere on the street
c) expects that a cyclist might not be checking over a shoulder at other traffic and otherwise occupied
Expect the unexpected? I can't wait for someone to come round and install my mind reading chipPosted 4 years ago # -
I just called the Cycle Law Scotland number (08000893389) from the card I have been carrying round with me but they do not cover 3rd party
Said to look at https://www.cyclinguk.org/join (rather than Brisitsh Cycling as I am not in any clubs nor do any sportives or races) cost £46.50 a year but covers £10,000,000 insurance cover
I called them and got put through to their insurance broker (Butterworth Spengler
Insurance Group 01514944400) who will call me on Monday to talk through the exact cover and if it would match this situation, their cycling specialist on holiday today and their cover also off.Posted 4 years ago # -
Interesting reading re dogs basically slower than 20mph or get off and walk around corners...
Posted 4 years ago # -
> Interesting reading re dogs basically slower than 20mph or get off and walk around corners...
I think there's a bit of leeway between going 20mph round a blind bend and walking! Even then, they were only found 30% liable. Without a deeper knowledge of the circumstances I'd say that's fairly reasonable judgement really.
Posted 4 years ago # -
I guess there is a limit on how long after an incident you can sue someone which is why countersuing isn't an option for Mr Hazeldean.
I'm not sure if it's the yoga lady or her lawyers doing it but someone is clearly taking the piss while coming up with their figures in this case.
It all feels a little like the American health system where insurance companies have their costs capped but the uninsured can be charge whatever takes the doctors fancy.
Posted 4 years ago # -
So, to my family's concerns for my safety when I'm out cycling I can now add the fear that we might lose our house if I bump into someone who steps out in front of me.
I will be investigating insurance, through British Cycling perhaps. Maybe we now need a link in the side-bar to Cycle Law Scotland, for quick reference.
Posted 4 years ago # -
In addition to cycle club membership (British Cycling,
CTCCycling UK, or try the Tandem Club which was even cheaper!) legal insurance is often offered as a cheap add-on for other insurance (car, buildings or contents).Home insurance often includes a liability clause (even without the legal insurance), e.g.
We’ll cover you if you’re to blame for accidental injury or damage anywhere in the world. This means you’re insured as an individual but not for anything that happens while you’re at work. So, if you accidentally hit someone with your back swing when you’re playing golf for fun, you’re covered. But if someone else was paying you to teach them to play, you’re not. Allianz contents insurance
The reason cycle club membership includes liability insurance so cheaply is that it very rarely is required, so it costs very little to the membership organisation to obtain it. Worth remembering that "dog bites man" isn't news, but "man bites dog" is a headline...
Robert
Posted 4 years ago # -
Wise words @Roibeard. Bicycling just isn't that dangerous to third parties.
I do hope we're not on the road to a society where the only way to financial security is to get luck in an accident.
Posted 4 years ago # -
I am all for pedestrians pedesting, but also have no trouble imagining how, cycling, I could hit the warning horn and then go on to misread a situation and have a collision. I think I could easily find myself self-representing, failing to counterclaim (core lesson to remember there!). Reading the gofundme page (up around £27k, including my fiver), the guy seems like a nice charity worker fellow, whose life has been hit by this proper Dickensian plot twist that could easily happen to any of us. I was glad to be able to show him a wee bit of support. He even got quite a sympathetic write-up in the d mail, I see, which tells you something.
Posted 4 years ago # -
Interesting article that. So they only used one witness, who was also on a bike and got overtaken by the defendant. The other 3 witnesses who stated the claimant was at fault were not used. It does sound like he acted a bit stupid though.
"Mr H said that he was overtaken by the Defendant, who was travelling at around 20mph and had sounded his airhorn. Mr H considered that the Defendant accelerated as he approached the crossing."
Not sure how reliable Mr H is: 20mph heading towards a crossing and then accelerating!???"If any wider good has come from this case it is that the publicity may encourage cyclists to take out insurance to protect themselves in the event that their riding causes someone to suffer injury."
Great, that'll help feed the claims industry and lawyers like you then.Posted 4 years ago # -
The "claims industry" and lawyers employed therein have helped lots of cyclists get their lives (and bikes) back on track after serious collisions so I'm reluctant to join in with blanket criticism. It sounds like they've all done their jobs pretty well here to the extent that they were able to.
Posted 4 years ago # -
Everyone hates lawyers. Until they really need one.
Posted 4 years ago # -
Until they really need one.
Or really should have engaged one!
Posted 4 years ago # -
A person who defends himself in court has an idiot for a client - is what the lawyers say
Do Cycle Law Scotland take on this sort of work? Do we have much of this in Escozia or is it that London type of thing?
Claimant did seek out of court settlements for less. Claimant received £4k for pain and less than two hundred for another part of her claim (reduced from £8k due to her contributory negligence).
Posted 4 years ago # -
This case may highlight the benefits of cyclists and pedestrians having third party liability insurance. I see some news sources have suggested the benefits of cycle insurance, this thinking would also apply to pedestrians. liability was shared and if things were consistent, which of course they may not of been in practice, then if the cyclists had taken the action and the pedestrian not, it may be the cyclist receiving their half of the damages.
Posted 4 years ago # -
Do we have much of this in Escozia or is it that London type of thing?
central edinburgh junction etiquette now notably absent
easy to accomodate folk who make eye contact and just want to get on with the show but many are utterly oblivious to immediate surroundings
my main concern is the possibility of an unwarranted 'fear and alarm' section 38 charge for offering audible advance warning when i try to get through the queensferry street junction on green just after negotiating the train tracks
they treat that junction like they treat their politics -- block vote wins and to hell with the consequences for unprotected minorities
Posted 4 years ago # -
It is interesting that the lawyers article blanked the most egregious part of this debacle: a defendant who does not countersue or engage their own lawyer faces unlimited costs.
Had Hazeldean got his own lawyer at he start cost charges would have been capped at £8k.
Allegedly the amount he is now being charged by the guy who wrote the article is £100kPosted 4 years ago # -
@14Westfield I think the barrister points out the lack of counter suing
I imagine the cyclist regrets this now?
Also only witness another cyclist who was overtaken
Posted 4 years ago # -
Based on this outcome, I have now gotten myself British Cycling "Ride" (Commuting + leisure) cover, and as I have an HSBC bank account, they affiliate with BC and discount £24 off for the year, meaning this insurance cost £17 instead £41.
At the moment they are also giving £175 to those who switch to using it as their main bank account. I'd recommend them.
Posted 4 years ago # -
Do Cycle Law Scotland take on this sort of work? Do we have much of this in Escozia or is it that London type of thing?
@Gembo - no I called them - said in my post, the cover you if you get hit by vehicle basically. Not 3rd party peds being hit by youPosted 4 years ago # -
@ condor2378 the bank account, MIGHT also include family members insurance too! A family member of mine works for that erstwhile company and is checking as we speak !!!
Posted 4 years ago # -
This thread has also played quite a large part in me joining Cycling UK.
I also seem to be the right age now, the age scroll bar starts at 1st Jan 1979, so I didn't have as far to scroll as normal. I presume that they know their demographic...
Posted 4 years ago #
Reply
You must log in to post.
posts
