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Is my cyclist relative likely to be sued?

92 replies

OoohLovelySlippers · 18/03/2024 22:04

Evening all,

My mid-20s relative flew down a hill too fast on his push bike and smashed into a car. He admitted liability to the police who attended with the ambulance (he had a head injury). He did not have insurance.

The driver's insurance company has now sent him a letter asking him to confirm he will pay for the damage. He has written back to ask how much it is and to advise (truthfully) that he only has a very casual job and earns about £150/wk. (He lives with his dad).

What is likely to happen?

  • will the case be dropped
  • will he actually be taken to court
  • what is the point if he has no money?


Thanks
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19lottie82 · 18/03/2024 22:07

He could be taken to court, yes. But if he has little assets then there may not be any point.

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Yogatoga1 · 18/03/2024 22:09

Dad’s house insurance may have legal cover.

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OoohLovelySlippers · 18/03/2024 22:11

Yogatoga1 · 18/03/2024 22:09

Dad’s house insurance may have legal cover.

To cover him getting legal advice? Or to pay the actual claim ie the damage to the car and the insurance/driver's legal costs?

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Yogatoga1 · 18/03/2024 22:12

OoohLovelySlippers · 18/03/2024 22:11

To cover him getting legal advice? Or to pay the actual claim ie the damage to the car and the insurance/driver's legal costs?

Possibly both. No way to tell what the policy covers from the other side of a screen, they need to phone and ask.

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madeinmanc · 18/03/2024 22:12

Ask on reddit.com/r/ukbike as well, you might get some useful advice.

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Justcallmebebes · 18/03/2024 22:14

OoohLovelySlippers · 18/03/2024 22:11

To cover him getting legal advice? Or to pay the actual claim ie the damage to the car and the insurance/driver's legal costs?

Could be both

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Waffleson · 18/03/2024 22:17

Was it definitely his fault? If the car was pulling out it should have given way to the bike. If he literally just smashed into the back of a stationary car then yes that does sound like his fault.

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FlabMonsterIsDietingAgain · 18/03/2024 22:20

Or he could get a less casual job, work more hours and pay for the damage he caused.

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akissbeforebed · 18/03/2024 22:20

And this is why all road users should have insurance.

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Greenbike · 18/03/2024 22:21

Waffleson · 18/03/2024 22:17

Was it definitely his fault? If the car was pulling out it should have given way to the bike. If he literally just smashed into the back of a stationary car then yes that does sound like his fault.

This. The fact he was going down a hill does not establish it was his fault. He was foolish to admit liability at the scene. If the car was pulling out of a side road the car driver may be liable. If the car driver was proceeding straight along the road and your relative lost control and ploughed into the back then obviously it’s a bit more black and white.

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Stoufer · 18/03/2024 22:23

Don’t motor insurance policies always say to never admit liability? If your relative did (as you mentioned), this may have an impact on what a potential insurance policy might cover, if he is covered on his dad’s / house insurance.

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benjoin · 18/03/2024 22:23

Can he get a less casual job?

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OoohLovelySlippers · 18/03/2024 22:24

It does appear he was at fault. He flew onto a main road without looking.

I fully agree he should have had insurance. And I fully agree that he SHOULD pay. Why the actual fuck should MY car insurance premiums go up to cover this sort of thing.

However, for the purposes of this thread and given he's family, obviously if we can get him out of it, we will.

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OoohLovelySlippers · 18/03/2024 22:25

Yep, he was a fool to admit liability. I suppose his excuse was he was injured/confused.

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benjoin · 18/03/2024 22:25

OoohLovelySlippers · 18/03/2024 22:24

It does appear he was at fault. He flew onto a main road without looking.

I fully agree he should have had insurance. And I fully agree that he SHOULD pay. Why the actual fuck should MY car insurance premiums go up to cover this sort of thing.

However, for the purposes of this thread and given he's family, obviously if we can get him out of it, we will.

Could you loan him the money and he try to get a less casual job to pay you back?

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BioHive · 18/03/2024 22:26

@OoohLovelySlippers what damage was done to the car ?

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OoohLovelySlippers · 18/03/2024 22:27

No, I won't be lending him the money. He's not a close relative. That would be the dad if he was willing/able to do so. But what happens if no-one lends him the money? Does he have to offer time to pay? Or just let them take him to court? What would the judge say about it?

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OoohLovelySlippers · 18/03/2024 22:28

I don't know the level of damage caused to the car. Or even what sort of car it was.

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BioHive · 18/03/2024 22:28

do we have a diagram of the road and who was positioned where etc @OoohLovelySlippers

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BibbleandSqwauk · 18/03/2024 22:29

Thing is though..if you "get him out of it" someone else is going to pay aren't they? The car isn't going to get fixed by itself and the other driver's premium will go up. (Though it will anyway simply by being involved). How about, if possible, you and relatives pay the repair but insist on repayment and mid twenties adult gets a proper job to repay you. Actually taking responsibility for his careless action.

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benjoin · 18/03/2024 22:29

OoohLovelySlippers · 18/03/2024 22:27

No, I won't be lending him the money. He's not a close relative. That would be the dad if he was willing/able to do so. But what happens if no-one lends him the money? Does he have to offer time to pay? Or just let them take him to court? What would the judge say about it?

given he's family, obviously if we can get him out of it, we will but you said this. It's the best way to get him out of it

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MsFaversham · 18/03/2024 22:29

Can he get some legal advice?

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BioHive · 18/03/2024 22:30

Negotiation with the Insurance Company:

Upon receiving your relative's response, the insurance company may assess the situation and decide to negotiate a settlement directly with him. Given his limited income and lack of insurance, they might understand that pursuing legal action against him could be unfruitful and opt for a settlement amount that both parties can agree upon.

Legal Action:

If the insurance company believes that your relative is liable for the damages and that pursuing legal action would be worthwhile, they could decide to take him to court. In court, they would seek compensation for the damages incurred by their client (the driver), which could include repair costs for the vehicle, medical expenses if the driver sustained any injuries, and possibly other damages.

Your relative's admission of liability to the police could be used against him in court, as it indicates his acknowledgment of responsibility for the accident. However, without insurance or significant assets, the likelihood of the insurance company successfully recovering the full amount awarded by the court may be low.

Judgment and Enforcement:

If the court rules in favor of the insurance company and orders your relative to pay damages, but he is unable to do so, the court may issue a judgment against him. This judgment would be a legal obligation to pay the specified amount.

In cases where the defendant lacks the means to pay the judgment voluntarily, the court may explore various enforcement mechanisms to compel payment. These can include wage garnishment, seizing assets, or arranging for a payment plan based on his income.

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OoohLovelySlippers · 18/03/2024 22:31

@BioHive I don't have anything like that but for the purposes of the thread let's assume he is at fault.

When I say "get him out of it" I mean "make it go away". (Unfair though that is to the rest of us whose insurance premiums will go up).

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benjoin · 18/03/2024 22:31

OoohLovelySlippers · 18/03/2024 22:31

@BioHive I don't have anything like that but for the purposes of the thread let's assume he is at fault.

When I say "get him out of it" I mean "make it go away". (Unfair though that is to the rest of us whose insurance premiums will go up).

Pay the money for him - it will go away

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