tkddav3 Posted June 9, 2016 Share Posted June 9, 2016 Hey guys, in need of some advice. My sister was involved in an accident last night. Basically she was driving home and a cyclist had a fit and fell into the front of her Audi. Was at only around 10mph, the police have cleared her of any wrong doing as there was plenty of witnesses that said she was had done nothing wrong. The chap has been banned from driving in the past hence the bicycle and he is fine just recovering in hospital. My sister is in talks with her insurance and their legal team(which are being deadly slow) about the damage to her car. It needs a new bonnet and bumper and grill. Not major damage but she wants it fixed which is fair enough, and she doesn't want to pay as she's don't nothing wrong. The chap may just accept fault and pay for damages but knowing how people can be I doubt it will be this simple. If she has to she will take it too court and has told his wife of this. All his wife said was they were unaware of how much damaged was caused. I know it is early days but what are her options? And how will it stand in court? Is he liable even though he has had a fit? Or does that change nothing? Thanks Quote Link to comment Share on other sites More sharing options...
MattP Posted June 9, 2016 Share Posted June 9, 2016 Yes he may be liable but may not be financially able to pay and you end up with £2 a week for 1000 years which is no good :/ You may consider contacting the MIB they may be able to help. The MIB is essentially a Government slush fund we all pay into when we buy car insurance if your car is damaged by another road user and they are uninsured the MIB will pay out for your damages. https://www.mib.org.uk/ Quote Link to comment Share on other sites More sharing options...
tkddav3 Posted June 9, 2016 Author Share Posted June 9, 2016 Thanks for your reply dude. Yeah we did think about the fact he might actually not have any money! She's gunna call the mib tomorrow and see what they say. Thanks mate Quote Link to comment Share on other sites More sharing options...
marbleapple Posted June 9, 2016 Share Posted June 9, 2016 If your insurer indemnify you then they have a subrogated right to pursue the person. I can't imagine for a minute that they will. You would only be able to pursue the person for the uninsured element. In other words, if you go via your insurer (which I personally recommend) you will probably only be able to recover the excess. Many insurers don't even apply excess' to no fault claims. Quote Link to comment Share on other sites More sharing options...
charlton Posted June 9, 2016 Share Posted June 9, 2016 Claim with your insurer and your premium will go up. I reported an incident and mine has gone up £250. Apparently it will go down when the 3rd party pay out, whenever that will be (6 months and counting) Quote Link to comment Share on other sites More sharing options...
mwilkinson Posted June 9, 2016 Share Posted June 9, 2016 You won't get help from the MIB as there was no compulsory insurance requirement on the cyclist. Furthermore, it was a cyclist and not another motor vehicle. Quote Link to comment Share on other sites More sharing options...
MattP Posted June 9, 2016 Share Posted June 9, 2016 You won't get help from the MIB as there was no compulsory insurance requirement on the cyclist. Furthermore, it was a cyclist and not another motor vehicle. The thought crossed my mind I can't say I have experience with cycle incident claims however this was an interesting light read:http://www.bikeline.co.uk/content/accidents-with-pedestrians-cyclists He may have insurance coverage he is unaware of? Probably easiest thing to do is simply ask the guy to make good the damage he caused if he refuses it's county court for you to try and claw some funds back but again it could take a while to get paid in full if you are successful at court if the guy is not financially stable. Quote Link to comment Share on other sites More sharing options...
mwilkinson Posted June 10, 2016 Share Posted June 10, 2016 I think a civil action will still be tough as there is no negligence on the part of the cyclist. Unless it can be determined that he was reckless in his use of a bicycle on a road for the same reasons as he has had his licence revoked, that is a pre existing medical condition. Both actions endanger other road users. Quote Link to comment Share on other sites More sharing options...
martincoupe Posted June 10, 2016 Share Posted June 10, 2016 I had a drunken loonyatic attack my car and he was arrested and now paying me £10 a week for £1000 worth of damage which the court only making him pay £600 for. The law system is stupid your better off running him over and not letting him live ! Quote Link to comment Share on other sites More sharing options...
Karl M N Posted June 11, 2016 Share Posted June 11, 2016 mine has gone up £250. Apparently it will go down when the 3rd party pay out, whenever that will be (6 months and counting) Most insurance companies will still keep your premiums up. I've got 3 year NC bonus, but 2 non fault accidents and my premiums are disgusting. After the 2nd incident where an old man ran down the side of my car, my insurance company doubled my price and admitted it was because of the accident. Quote Link to comment Share on other sites More sharing options...
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