CityCyclingEdinburgh Forum » Debate!

Fairness and liability on the roads

(11 posts)

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  1. Kim
    Member

    Do you think we will ever get fairness in liability on the roads?

    I am in favour of the UK having a law of strict liability on the roads, so thought I should try and do something about it (here and here). Do you think there is any hope of success?

    Posted 13 years ago #
  2. SRD
    Moderator

    that's actually a pretty thoughtful and positive reply from your MP. not what you wanted, but as such things go, quite considered and sensible.

    Posted 13 years ago #
  3. Morningsider
    Member

    Kim - I applaud your efforts. However, I think your campaign might benefit from contacting the following people, as strict liability is only ever likely to happen with the backing/support of the UK insurance industry and at least one UK Government department.

    Rt Hon Philip Hammond MP
    Secretary of State for Transport
    Department for Transport
    Great Minster House
    76 Marsham Street
    London
    SW1P 4DR

    Otto Thoresen
    Director General
    Association of British Insurers
    51 Gresham Street
    London
    EC2V 7HQ

    Specifically, ask these people directly whether they would support the introduction of strict liability. Pre-empt their claims that this would need to be looked into by asking them to establish a group to investigate this as a matter of urgency and point them in the direction of any useful reports you may have.

    Obviously, the replies will be from a flunkey - but contacting them by letter means your reply will probably also be a letter which in my experience means it will have worked its way far higher up the food chain than a simple email and (who knows) may even cross someone important's desk for a signature.

    Difficult to see the benefits for a politician of introducing this (Daily Hell "Cycling asylum seeker crashes into BMW then wins £1m in compensation"), but if it meant more profit for insurers then it might just be a goer.

    Posted 13 years ago #
  4. BicycleLegal
    Member

    Strict liability could actually save the insurance industry money, albeit they would pay out on more claims from cyclists than they currently do. Insurers like certainty and dislike third party claims where they have no outlay of their own or no known insurer to counterclaim against. Many cycling claims fall into this category, where there may be little or no damage to the insured vehicle and no known insurer for the cyclist. Anything which reduces the scope for legal argument is likely to simplify the claims process, ultimately saving insurers money in terms of staff time and legal fees.

    Posted 13 years ago #
  5. wee folding bike
    Member

    We have our own transport minister outwith the UK one.

    Of course ours spend most of their time causing snow and apologising for it.

    Posted 13 years ago #
  6. kaputnik
    Moderator

    And, there's bridges to be built.

    Posted 13 years ago #
  7. Kim
    Member

    @wee folding bike: I haven't heard Keith Brown apologising for the current snow yet, should I put in a complaint?

    @BicycleLegal: Thank you for showing that Strict Liability could actually save the insurance industry money. That is a useful argument to use in favour of Strict Liability.

    Posted 13 years ago #
  8. Kim
    Member

    OK, part 3 is out, with a reply from Keith Brown...

    Posted 13 years ago #
  9. SRD
    Moderator

    ksi?

    Posted 13 years ago #
  10. Kim
    Member

    Killed or Seriously Injured, sorry I was quoting verbatim, I should have added a note to explain.

    Posted 13 years ago #
  11. SRD
    Moderator

    thanks! fgured k had to be killed, but couldn't get the rest!

    Posted 13 years ago #

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