CityCyclingEdinburgh Forum » Cycling News

Worrying decision

(6 posts)

  1. EddieD
    Member

    http://road.cc/content/news/75692-insurer-tries-cut-damages-pay-out-teenage-pedestrian-due-her-lack-hi-vis-clothing

    This scares me, just a tad

    (hope it's the right section..)

    Posted 12 years ago #
  2. Thankfully not yet a 'decision'. The first court found in favour of the girl; the Court of Appeal is still hearing this case. If the insurers succeed, then yes, a bit worrying (though would be a stretch for an English case involving a young girl walking in the pitch black in the countryside without reflective clothing to be applied by a Scottish court - different legal systems, Court of Appeal verdicts not binding in Scotland unless they reach the House of Lords - to a cyclist not wearing reflective clothing in a city. Especially if that cyclist was using lights, which are the only legal requirement).

    Insurance companies will always try this. On the basis of previous decisions, and the reasoning from the first court, I'd sincerely hope the appeal doesn't succeed.

    Posted 12 years ago #
  3. kaputnik
    Moderator

    Newsflash. Insurer's are a bunch of heartless b******s

    Posted 12 years ago #
  4. neddie
    Member

    Most insurance isn't worth the paper it written on. They always find a way not to pay out or to claw back the money later.

    It took a law to stop insurers using 'acts of God' (which could mean anything) as an exclusion.

    One of the worst ones is that most home insurance has an exclusion on 'acts of terrorism'. Well if a terrorist blows up a car outside my house, then that is exactly *when I do need* the insurance to pay up!

    Charlatans the lot of them...

    Posted 12 years ago #
  5. gembo
    Member

    Conversely you can get insured quite easily and cheaply for things that are very unlikely to happen (eg if you work with the general public and are concerned you might get sued - public liability insurance is so cheap I assume the general public rarely sues individuals but goes after their employers?)

    My bike is insured but it has drop handlebars so hopefully it will never get nicked.

    Posted 12 years ago #
  6. Tulyar
    Member

    A similar situation when a young boy was hit by driver on Isle of Wight, saw the Insurer reconsider their position, as thousands of cyclists 'reconsidered' their insurer.

    In this instance I understand its the nodding dog brand. Anyone going to be writing to their insurer indicating a change of relationship?

    Posted 12 years ago #

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