Is my cyclist relative likely to be sued?

[OoohLovelySlippers]

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

The courts aren't there to make a point, they're there to remedy a situation. If a driver is pursuing the cost of repair and can't actually get it, it seems like a waste of court time tbh. No one will be any better off.

If you try to pursue a claim through insurer, they don't bother if there's no prospect of recovering money as there is literally no point apart from making someone feel validated by badgering the defendant.

I think you are mistaken.

If you read the original post it is the drivers insurance company seeking to reclaim costs from the cyclist.

And pray tell just how a driver on the main road is supposed to be careful of a cyclist (or car for that matter) hurtling out of a side road at speed without having slowed to see if it was clear to join the main road??????

When YOU are driving on a main road do YOU slow down as you approach every side road in case someone pulls out?

🙄

@NoCloudsAllowed I was wondering that. Seems like a good excuse for some generalised cyclist-bashing, even though drivers are never held collectively responsible for the 1000s of injuries and deaths they cause every year.

This seems right to me. The more people are allowed to get away with things the more things they'll try and get out of. He accepted responsibility at the scene, so should go further and work to get the funds to recompense the car owner. 🌹

Not close to the lad, yet you happened to be there to give him a bollocking, desperate for his Dad not to bail him out and his Dad can do no wrong?

You Dads new girlfriend then? 🤣

Roads round me full of potholes because of motorists. Street furniture smashed up everywhere because you can't even drive in a straight line and nobody ever pays for it. Air quality appalling. Accidents all the time. Pavements blocked and highway code ignored. Had the entire back wheel of my parked bike bent by some moron driving on the pavement and then driving off, had to pay for that myself didn't I? Every single one of you should be paying for the hell you've made our society.

Road around me have potholes, but it's not to do with motorists. Whoever smashed up your bike should definitely have left a note to pay for it. Unfortunately you got hit by a 'try to get away with it' type.

BMW6 · Today 09:38

When YOU are driving on a main road do YOU slow down as you approach every side road in case someone pulls out?

I certainly drive more cautiously, especially if I'm on my motorbike, or pushbike. Even in the car, some drivers will just pull out, even if they've stopped to look.

It's just defensive driving.

So you are seriously trying to claim that you slow down enough at every approaching junction to stop before colliding with a vehicle joining your road??

So you're "kangaroo hopping" along a busy main road?

Laughable.

Also if you have a head injury, I don't think the police would be standing around at the scene getting you to make an admission of liability. And ay such admission would be very unreliable from a legal point of view.

Is the motorist really trying to claim for the head-shaped dent on their vehicle?

you can’t get blood out of a stone.

Hello all.

Thanks for all the responses, even the harsh ones. (And no, this is nothing like covering up paedophilia ffs!)

I said "push bike" to distinguish it from a motorbike.

No, I'm the cyclist's cousin, not dad's new girlf. So close enough that my cousin phoned me about it (I have a sensible job so I think he thought I might know about this sort of thing). But not close enough to be paying the bill for him.

My cousin, eh, how to put this politely - has never held down a proper full-time job. I'm not sure if it's because he can't or won't. I don't want to be accused of drip-feeding but I suspect there may be some ND factors at play. He's never been independent and his parents (now just his dad) are very worried about his future. I'd like to think he'd learn from this but I'm not sure he will, even if he does have to pay up.

Yes, absolutely, I agree 100% that morally and legally he should pay up. I was mostly asking about the reality of the situation though. As I've said repeatedly, I'm a car owner myself with increasingly high premiums.

Anyway thanks again.

In the nicest possible way, if you and your family are worried about his future, helping him avoid reality is possibly not the best thing. Maybe another option might be to support him through the consequences?

We were hoping the THREAT of legal action might be enough to frighten him into growing up. Rather than the actual pain of paying over thousands. He might see it as a close shave if you see what I mean.

I'm not his parent so it's not up to me to decide what lessons he learns but as you can imagine his dad would rather not be paying out £££. (He's retired, had him late in life).

I'm surprised by all the moral folk on this thread who would pay up. Doesn't really chime with the thread a couple of weeks ago with all the folk saying if they found £££ in an old lady's duvet in the charity shop they'd just keep it!

I've messaged his dad telling him to see if his house insurance can help. Luckily he does own his home so that is something he has.

But yeah I mean as a pp said, you can't get blood out of a stone. If the wee shit has fuck all money and assets then there's a limit as to what can be done.

You really despise him don't you? It seeps from your posts, he's had an accident, admitted fault, you suspect he's ND and he's lost his mum.

Now his sanctimonious, car owning cousin with the big important job is wading in and judging him for having fuck all assets

I think he's learned an expensive lesson. My ds's friend had a similar accident and sadly died at the scene. The money is really irrelevant but he definitely needs to learn to ride a bike.

@Puffalicious this is what car insurance is for. When in an accident with an uninsured driver, you claim on your own. It's rare to go after someone personally. This lad isn't going to be able to afford a few thousand pounds, from his part time job and lack of assets. It's ridiculous. I'd be very surprised if the solicitor agrees to take it to court.