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Original poster

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:
Lailaha · 05/01/2020 17:51

I was left disabled by being knocked down by a cyclist on the pavement. Unfortunately, he rode off and a good Samsritan called an ambulance for me. The police were never able to identify the cyclist from the CCTV. Unfortunately, I hadn't prioritises critical illness/accident insurance for myself, so was left out of work for months after, and has to change jobs.

It's shit, OP, but the council/ Tesco aren't covered by their public liability insurance for accidents caused by a third party - you'll have to sue the cyclist if there's no insurance, and find a way to enforce any damages or claim from the victims' fund after s/he has been prosecuted and found guilty.

Celeriacacaca · 05/01/2020 17:52

I imagine OP will sue Tesco and get some sort of pay out as Tesco won't contest low level claims and will go on to make an offer at some point, but morally this shouldn't be the case. What a sad society we've become.

Cillmantain · 05/01/2020 17:55

This is nothing to do with Tesco.
You sound like you want to get money from someone to cover your losses.
Unfortunately it is highly unlikely you will be able to make a claim

Does your husband not have income protection

ProfessorSlocombe · 05/01/2020 18:04

ProfessorSlocombe It's a tesco Express

Sometimes it just takes one word Grin

Tx for that !

AlwaysCheddar · 05/01/2020 18:06

Wtf.... sue Tesco?! Sue your dh is more likely for not looking? Cyclist out check your own insurance.

NoWordForFluffy · 05/01/2020 18:11

I imagine OP will sue Tesco and get some sort of pay out as Tesco won't contest low level claims and will go on to make an offer at some point, but morally this shouldn't be the case. What a sad society we've become.

Utter nonsense. Tesco would - rightly - deny liability and would likely take it to Trial if pursued.

And the person saying that we're wrong to say that Tesco aren't to blame, I can't agree with you. Regardless of bike racks or directions, the only person negligently cycling is the cyclist. Tesco can't be blamed for that.

iklboo · 05/01/2020 18:14

Sue your dh is more likely for not looking? Cyclist out check your own insurance.

DH was run down on the pavement. Cyclists aren't supposed to be on the pavement.

1forAll74 · 05/01/2020 18:18

I would probably like to meet the culprit if he/she is found,and get a proper apology,but wouldn't want to pursue for any claim for money compensation. !

MagentaRocks · 05/01/2020 18:22

A lot of pavements have a cycle lane. The cyclist may be at fault if they were not on.a cycle lane. The ops DH may be to blame if he was walking across a cycle lane.

iklboo · 05/01/2020 18:26

It was right outside a Tesco Express doorway. Fairly unlikely to be a cycle lane.

TheFaerieQueene · 05/01/2020 18:37

How do you propose putting a negligence case together against either Tesco or the council? In what way were they negligent? Would you except you were negligent if a car had an accident outside your house whilst you were in doors with all your family and your car in the garage? I doubt it.

Ferretyone · 05/01/2020 18:41

@mp389

The fact that the cyclist does not have [nor need to have] insurance is not relevant. You can sue the cyclist and what defence could he have? The problem really comes if he has no means. You cannot get blood out of a stone. If he has no money/assets then that is an end to it and the best that you could perhaps expect is a regular payment out of his earnings [if employed]. "Attachment of earnings" order - used to be called "garnishee".

NoWordForFluffy · 05/01/2020 18:43

A no win no fee solicitor is very unlikely to take a claim on against a defendant with no means to pay as they wouldn't get their costs even if the claimant were awarded judgment.

Spitsandspots · 05/01/2020 18:50

Do you think we can sue Tesco or city council?

As pp said neither of them at fault.

I imagine OP will sue Tesco and get some sort of pay out as Tesco won't contest low level claims and will go on to make an offer at some point

Tesco contested a member of staffs claim (relative) when their faulty equipment resulted in a staff member having a fall and a back injury. Their insurers will not pay out for a cyclist hitting a member of public on a pavement.

Spitsandspots · 05/01/2020 18:54

@mp389

Some info here

www.bikeline.co.uk/content/accidents-with-pedestrians-cyclists

heartsonacake · 05/01/2020 18:55

Wow. This thread got ridiculous fast.

The cyclist is the one to blame here. It’s nothing to do with Tesco and no you cannot sue them or the council.

Sounds like you’re just money grabbing and don’t care who or where from.

misscockerspaniel · 05/01/2020 20:37

I think some comments are a bit mean. The Op's DH is self employed and has lost money as a result. Isn't reasonable for him to be able to reclaim the monies he has lost especially if he was not to blame? That isn't money grabbing and we do not know the family's financial situation, they could be relying on his income.

Pedallleur · 05/01/2020 21:16

Was it a shared path? A Tesco nr me has one. It's up to you to sue the cyclist if you can identify them just as it would be if a cyclist damaged your car in the car park. Just one of those unlucky accidents but does the husband have insurance for illness/injury?

QueenOfTheFae · 05/01/2020 21:20

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.

THIS! is what is wrong with the world today, how on earth does providing bicycle racks lead to being responsible for fucking cycle accidents!! fucking ridiculous!

Hearhoovesthinkzebras · 06/01/2020 07:36

I think some comments are a bit mean. The Op's DH is self employed and has lost money as a result. Isn't reasonable for him to be able to reclaim the monies he has lost especially if he was not to blame? That isn't money grabbing and we do not know the family's financial situation, they could be relying on his income.

Absolutely. Of course he should be able to sue for damages - from the person responsible for causing the accident is the cyclist, not Tesco or the local council.

If someone is knocked over by a cyclist cycling on the pavement outside my house am I responsible? Could the victim sue me because it happened outside my house? What nonsense

Ash39 · 06/01/2020 07:49

"I think some comments are a bit mean. The Op's DH is self employed and has lost money as a result. Isn't reasonable for him to be able to reclaim the monies he has lost especially if he was not to blame? That isn't money grabbing and we do not know the family's financial situation, they could be relying on his income."

If they are relying on his income they will hopefully have been responsible enough to pay for income protection

00100001 · 06/01/2020 08:35

Haha go on then OP, she Tesco. Let us know how that goes

nothingcanhurtmewithmyeyesshut · 06/01/2020 08:55

Do you actually know how sueing someone works?

You have to prove that they were at fault or negligent in some way. How were Tesco or the council at fault?

motorcyclenumptiness · 06/01/2020 08:57

it never gets anywhere, as there is a presumption that cycling is something "good" and therefore should not be discouraged in any way
It doesn't get anywhere because it would involve the comprehensive provision of fit-for-purpose cycle lanes that other countries seem to manage, not just painting a picture of a bike on a footpath or designating a few metre-wide strips of road to be shared with grids/spent hubcaps/skips/parked cars

Devereux1 · 06/01/2020 09:09

Do you think we can sue Tesco or city council? Tesco as this happened exactly outside of their door, city council as they own the land?

Why would you consider suing any party that had nothing to do with your DH's injury? Hmm

The cause of the collision was the illegal cyclist, cycling on the pavement. That's it. Go after the cyclist.

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