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User avatar
By mtailor
#3373259
My Cosmic was hit outside my house last week. the car was unattended. The accident happened when a moped rider hit a cyclist. I have no idea which of the 2 hit the car, but i do have some minor damage. Who is liable for this?

I got the insurance details for the motorcyclist and a name and telephone number of the cyclist. the cyclist didnt have any further ID on him, so i took a picture of him. He didn't like that too much.

What happens in cases like this? Am I liable for the damage?
User avatar
By karl
#3373261
you think the cyclist is going to pay up? flol, a cyclist can ram your car side on, deliberately, and you're still liable on your insurance for the damage to your car, and to his bike, or his personal injury. :salut:
User avatar
By EvoStu
#3373264
karl wrote:you think the cyclist is going to pay up? flol, a cyclist can ram your car side on, deliberately, and you're still liable on your insurance for the damage to your car, and to his bike, or his personal injury. :salut:
This is why I like the setup in Germany. All cyclists are supposed to have insurance cover as well.

In this case, I'd still report it to the police, and your insurer and find out their position on it.

And Karl, if he rammed it on purpose, you know full well it would be criminal damage.
User avatar
By karl
#3373265
only if you could prove it, and in this case there no witnesses, so what are you talking about? if motorcyclists can kick doors and boot wing mirrors off without reproach, then how will anyone be found criminally liable for this instance?
User avatar
By mtailor
#3373266
Not sure what exactly happened. But, it seems that the moped rider hit the cyclist, and one if not both - hit my car. Like I said. My car was parked up outside my house. I was inside the house.
The good news is that there is an independent witness who saw everything. I haven't spoken to him about it yet.

Insurance company have said that this should be a no fault claim. I like the way they said 'should'.
User avatar
By EvoStu
#3373270
karl wrote:only if you could prove it, and in this case there no witnesses, so what are you talking about? if motorcyclists can kick doors and boot wing mirrors off without reproach, then how will anyone be found criminally liable for this instance?
If something is done deliberately like this then it's criminal damage. Yes the problem is in trying to prove it, but then rape and murder are the same. If there aren't any witnesses, it's all down to trying to prove it with circumstantial evidence. However in this case, I think the op may well be screwed, and will have to rely on the detectives, judge and jury of ctro to put things right.
User avatar
By newkid
#3374438
Find the cyclist and 'accidentally' run him the f,uck over ! ....then take his wallet to pay for the damage. As for the moped guy....he has suffered enough.
User avatar
By mtailor
#3375262
Barney wrote:You can personally sue a cyclist for damage, if he has insurance he's covered, if not - he is personally liable, if he is at fault.
I spoke to the insurance company, and have set up a claim. Because the car was unattended and parked up, I am not liable as it wasn't my fault. This is where I think it is grey. The cyclist has collided with the moped rider. Because the resulting damaged was caused by the 2 other parties as a direct consequence of the collision, I would claim from the moped driver and he would have to take a civil claim against the cyclist.
That's what I have been told by my legal team.

It sounds simple enough, but we all know that insurance companies are a law in their own right.
User avatar
By newkid
#3375483
bornlucky1 wrote:the moped rider probably got annoyed as the cyclist overtook him so rammed him into your car as he passed.
+1

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