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Original poster

Who is at fault here? (Bike/car accident)

119 replies

00100001 · 17/09/2021 08:27

Nephew (17) was cycling home on Monday evening, he was on the pavement. He got knocked off by a car that reversed out if a drive with no lights on.

Nephew was knocked off bike, and has a hairline fracture in his arm,and front wheel is possibly buckled. (It's being checked this weekend)

He rode home, as was in a bit of shock,so didn't think to ask for details etc. Driver didn't get out of car as far as I know.

He knows the address it happened so could return for details if needed.

As his bike needs repairing, would the driver be liable?

We're not sure, as nephew was cycling on the pavement, but driver was reversing onto main road and clearly didn't see him

Can wise MNers please help?

OP posts:
MrsFin · 17/09/2021 09:48

Did he have lights on his bike? But he shouldn't have been cycling on the pavement.

LookItsMeAgain · 17/09/2021 09:55

@SoupDragon

Insurance disc?

I think that's a thing in Ireland.

Do you not have anything in your car windows anymore (apart from fluffy dice or whatever) like insurance discs or MOT discs in the UK?
Ekofisk · 17/09/2021 09:57

Do you not have anything in your car windows anymore (apart from fluffy dice or whatever) like insurance discs or MOT discs in the UK?

No, MoT and tax is all electronic and there's not been a requirement to display insurance details for as long as I can remember.

Blossomtoes · 17/09/2021 10:04

No discs, everything is online.

Dbank · 17/09/2021 10:06

The cyclist is at fault.

The driver of the car is indeed responsible to check what's behind him/her, i.e. people walking, children, dogs etc. It would not be reasonable for the driver to expect a cyclist riding on the pavement, any more than it would be reasonable for the driver to expect a car or motorbike to be on the pavement.

Your nephew was lucky, he could be pursued for damage to the car.

EmeraldRaine · 17/09/2021 10:09

Nephew shouldn't have been cycling on the pavement.

SoupDragon · 17/09/2021 10:17

It would not be reasonable for the driver to expect a cyclist riding on the pavement

That is largely irrelevant. A driver is meant to check for unexpected hazards.

There is fault on other sides though.

SoupDragon · 17/09/2021 10:19

Do you not have anything in your car windows anymore (apart from fluffy dice or whatever) like insurance discs or MOT discs in the UK?

Something like a resident's parking permit would be the only thing.

SoupDragon · 17/09/2021 10:24

I only found out about the Irish insurance discs via MN a few months ago

Redsquirrel5 · 17/09/2021 10:25

To those saying cyclists shouldn’t be on the pavement in the nearest city to me there are cycle lanes on some of the pavements.

OP was he on a cycle lane pavement or a normal pavement?

ThanksIGotItInMorrisons · 17/09/2021 10:26

Driver at fault.

tiredoftiers · 17/09/2021 10:29

I had a cyclist go over the bonnet of my car once, came straight off the pavement and into the side of my stationary car. Not my fault, and I wonder very much if this is the same scenario here. There's possibly blame on both parts, as the bike should have been on the road and the car should have had lights on.
As a cyclist I certainly would not be reporting it, too much potential for repercussions.

MrsSkylerWhite · 17/09/2021 10:31

ThanksIGotItInMorrisons

Driver at fault.“

You don’t think a cyclist on the pavement bears some responsibility too? It hasn’t even been established if it was dark or whether he had lights.

RunningStrong · 17/09/2021 10:36

I doesn't matter that he shouldn't have been there, driver needs to be sure it's clear.

My drive is regularly blocked by cars that shouldn't be there. It's still my fault if I reverse into one.

tiredoftiers · 17/09/2021 10:44

What if the bike cycled into the side of the car?

Sirzy · 17/09/2021 10:46

@tiredoftiers

What if the bike cycled into the side of the car?
That why I think it’s a shame the OP hasn’t come back as that is the key point. Especially if the cyclist was going at speed so may not have been in sight of the car at the point of reversing. Makes it slightly more complicated
MrsSkylerWhite · 17/09/2021 10:51

The fact that OP hasn’t returned answers all of those unanswered questions, I think.

Original poster
00100001 · 17/09/2021 10:52

OK, thanks.

I'll get him tow rote down all the details as he remembers them, draw little diagram, take photos of damage etc.
I'll also ask him to report it to the police.

Then we'll see where it goes from there.

OP posts:
MrsSkylerWhite · 17/09/2021 10:55

Well, that shut me upGrin

Original poster
00100001 · 17/09/2021 10:56

I am asking him if he went into the side, or car drove into him. He's at college though, so might take a few hours to respond.

OP posts:
Original poster
00100001 · 17/09/2021 10:57

sorry I wasn't quicker, have been working :)

OP posts:
Original poster
00100001 · 17/09/2021 10:59

just to out myself. It happened in Cambridge. So there are many cyclists on roads, pavements etc, so driver would (probably) be aware that cyclists are everywhere! not that it "excuses" him being on the pavement - just a little context for you all :)

OP posts:
Whatiswrongwithmyknee · 17/09/2021 11:05

OP sorry if I missed this but did he have lights on himself? If not I wonder if that complicates the picture. If the front wheel has buckled, does this mean that the actual impact was him driving into the side of the car?

Original poster
00100001 · 17/09/2021 11:07

not sure about lights.

sorry for lack of little details. I only found out last night, and he was still in a bit of shock etc after coming back from hospital :)

I will try and get more info out of him or his mum later after work

OP posts:
Ekofisk · 17/09/2021 11:07

If he wants to take it further then he should get proper legal advice. Worth checking if he or his family have any personal injury insurance (eg as an add on to household insurance).

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