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Knocked down by a cyclist

77 replies

mp389 · 05/01/2020 16:44

Hello all,
My husband got hit by a bike on a pavements while he was walking out of Tesco Express about three weeks ago. This caused his arm to be relocated with a fracture in his shoulder. Since then, he has pain and he couldn't work (he's self-employed). The incident has been recorded by the police. Anyone's here aware of similar incident, would you think we could claim any compensation? Please advise, thanks, Maria

OP posts:
NoWordForFluffy · 05/01/2020 17:11

My friend was hit by a cyclist and was told there was no recourse for damages as cyclists don't hold insurance.

Some cyclists have no insurance. Some will have public liability insurance included with their home insurance.

PhoneLock · 05/01/2020 17:11

Do you think we can sue Tesco or city council? Tesco as this happened exactly outside of their door

Were there any planes flying overhead OP? Perhaps you could sue the airline too.

NoWordForFluffy · 05/01/2020 17:11

Tesco are not to blame. At all. Which fool told you about their insurance?

ballsdeep · 05/01/2020 17:12

Who were you told that by? Surely that's ridiculous. If you have an accident outside their shop, but a cyclist who wasn't even in there at the time?

PrincessHoneysuckle · 05/01/2020 17:14

This is why bikes should have number plates imo

ManonBlackbeak · 05/01/2020 17:14

Unforuntately OP, cyclists are allowed to do exactly what they like. They are a law unto themselves.

AudacityOfHope · 05/01/2020 17:14

Ah ok Fluffy, IIRC the kid was only 16/17 so imagine he just didn't have insurance then.

KatherineJaneway · 05/01/2020 17:15

No you can't sue Tesco or the Council. You can try and identify the cyclist and possibly sue them.

Lulualla · 05/01/2020 17:15

Well yes, they will have liability insurance incase their metal detector fell over and whacked someone walking past. They dont have insurance for acts by people wholly unconnected to them. Dont be absurd. Yoire just being really greedy now.

JacquesHammer · 05/01/2020 17:18

Incidents like that are why all cyclists should have an identifying number in my opinion.

misscockerspaniel · 05/01/2020 17:21

If the cyclist is prosecuted and found guilty, would your DH be able to make a claim under the victim compensation scheme?

TreeTopTim · 05/01/2020 17:21

Public liability is for when you are inside Tesco and a shelf falls on you because it wasnt put in place properly or you slipped and fell because no one cleaned up the liquid on the floor. It is not for any Tom, dick or Harry to make a claim because an accident happened outside their premises. This was the cyclists fault so you should be claiming from them.

Parky04 · 05/01/2020 17:24

As others have said you can only claim from the cyclist.

NoWordForFluffy · 05/01/2020 17:25

Ah ok Fluffy, IIRC the kid was only 16/17 so imagine he just didn't have insurance then.

Ah, yes. If he didn't have cyclist insurance he wouldn't have been likely to have home insurance!

HavelockVetinari · 05/01/2020 17:32

If the cyclist is an adult they may have public liability insurance included with their home insurance. I do, specifically because I cycle and worry I might one day accidentally injure someone (I don't cycle dangerously but everyone makes mistakes).

HavelockVetinari · 05/01/2020 17:33

Also, if the cyclist owns property or has a decent job they would have the means to pay. It's definitely worth pursuing, why should your poor DH suffer pain and loss of earnings because some lycra-lout thought the law didn't apply to him/her?

edwinbear · 05/01/2020 17:37

OP they may have public liability insurance....but it was nothing to do with them! Why on earth do you think their insurers would uphold a claim when Tesco weren’t at fault?

If someone fell over outside your house, do you think they could claim against your buildings insurance? 🤣🤣

SynchroSwimmer · 05/01/2020 17:38

Have you any CCTV footage From the store?

Any other witnesses?

Does anyone else know who the individual was?

ProfessorSlocombe · 05/01/2020 17:39

Tesco are not to blame

Hmm

a lot of psychics on this thread (probably haven't yet managed to find the "can someone recommend a genuine medium" thread yet).

Nothing in the OPs post discounts Tescos having any liability. For all we know (well all I know, but clearly other posters either have an inside track, or little imagination) Tescos decided to provide bike racks right outside their front entrance. Which leads to a distinct suggestion that someone might have foreseen it could cause accidents.

Or not, obviously.

Or maybe the cyclist was following a path having asked a Tesco employee where he could park his bike, and the employee just pointed to the front of the store.

Neither of those situations relieves the cyclist of liability (arguably nothing could). But they might add to it.

I don't know, and neither does anyone else. It all seems unlikely, but really isn't that what accidents are ? Unlikely happenings ?

To the OP: if you suffer loss by anothers actions which can be deemed negligent, reckless or even criminal, you are quite at liberty to pursue them for those losses. However, be aware that even if you clear the hurdles of (a) proving liability, and (b) proving losses, you might never see a penny if the cyclist hasn't got any money. Either way, you need better advice than this forum (maybe post in "Legal Matters" ?).

Do you have legal cover on your home insurance ? Would be worth a call to them if you do ... also (and I mean this as nicely as possible) does your DH have any cover of his own in the event of being unable to work ?

It's long been suggested (and campaigned for) that cyclists should be required to have insurance and identification. However it never gets anywhere, as there is a presumption that cycling is something "good" and therefore should not be discouraged in any way. Personally I would have called that out as the crock of shit it is when people started being killed on the pavements by cyclists. But I guess it's only a few deaths and injuries, so we can't be too worried.

JanusLooksBothWays · 05/01/2020 17:41

You can still sue the cyclist if he doesn't have insurance. He may have assets.

Apolloanddaphne · 05/01/2020 17:43

You can't sir Tesco or the council. They did nothing wrong. If you don't know the identity of the cyclist then I would presume there is nothing you can do.

ProfessorSlocombe · 05/01/2020 17:46

If someone fell over outside your house, do you think they could claim against your buildings insurance?

If you had negligently cleared some snow, and left a hazard then yes.

Ash39 · 05/01/2020 17:46

I'm self employed so have insurance to c CG over me for accidents and long term sickness. Maybe your husband can use his? That's the correct thing to do.
You can't sue the council or Tesco. That's ridiculous

Lulualla · 05/01/2020 17:47

@ProfessorSlocombe

It's a tesco Express. Not a big tesco shop. Large tesco has car parks and owns the area in front of the shop, and would be responsible for trolley racks and bike racks. Tesco Express is usually just shop in a town or city centre; they might have a car park but from the OP, the entrance goes straight onto a public pavement. If there are bike skis outside then they will have been installed by the council, not tesco. There wouldn't have been employees directing a cyclist because there isn't a large carpark with trolley collectors etc. Its just a small shop which goes straight onto council owned pavements and roads; it is not a complex owned by Tesco.

Ash39 · 05/01/2020 17:47

Oops should read "I have insurance to cover me..."

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