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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Bike accident

66 replies

Besswess88 · 22/12/2021 10:12

My son hit a cyclist in his car a few weeks ago on a roundabout.

Two passengers in his car who can confirm the guy had no lights (it was dark).

No damage to his car or the bike.

Police now contacting my son asking for his insurance details saying the guy wants to claim for damage to his bike on my sons insurance.

My son has contacted his insurance company.

I have advised my son to get official email from the police which he has done explaining no lights and no damage.

Any advice please?

OP posts:
NeedsCharging · 22/12/2021 10:18

Why didn't your son provide his insurance details at the time to the cyclist?

That aside there is no more advice I think anyone can give. The insurance company will ask for a statement from DS and any witnesses they decide if the cyclist has a valid claim. Its up to the insurance company now.

SilverHairedCat · 22/12/2021 10:20

He should already have exchanged details with the cyclist and informed his insurance company so more fool him. The police shouldn't have to be asking him to provide this.

If it was so pitch dark that he couldn't see a cyclist when he had the car headlights in, I doubt the full scale of any damage done to the bike would have been visible either.

Son needs to know next time anything untoward happens to take as many photos / videos as possible and to exchange details.

WorraLiberty · 22/12/2021 10:21

I'm not sure your son can be confident there was no damage to the bike if it was dark?

NeedsCharging · 22/12/2021 10:28

I am trying to think of how you can hit a cyclist on a roundabout but I suppose if they had no lights the car could pull out and not see the cyclist already on the roundabout. Was it an unlight area/no street lighting?
It could have been so much worse as car vs cyclist never ends well for the cyclist!

Original poster
Besswess88 · 22/12/2021 10:28

He did give his details, just not his insurance as he didn’t have them on him.

He didn’t think to take photos as was very shocked and upset that he may have hurt someone (he phoned me immediately after and was extremely upset).he hasn’t been driving long.

Cyclist cycled away, He was also shocked but able to cycle off.

OP posts:
Original poster
Besswess88 · 22/12/2021 10:29

I am sorry but do cyclists not have a legal obligation to have lights?

OP posts:
WindyState · 22/12/2021 10:31

Just let the insurance company sort it out.

NeedsCharging · 22/12/2021 10:32

Cyclist cycled away, He was also shocked but able to cycle off.

I would think this was adrenaline more than not hurt.
The bike could still be damaged for example gear mechanism could be damaged meaning you can still cycle but not change gear.

MorningStarling · 22/12/2021 10:33

Why didn't your son provide his insurance details at the time to the cyclist?
You don't have to give insurance details at the scene, just your name and address.

I am sorry but do cyclists not have a legal obligation to have lights?
Yes, Highway Code rule 60, "At night your cycle MUST have white front and red rear lights lit. It MUST also be fitted with a red rear reflector (and amber pedal reflectors, if manufactured after 1/10/85). White front reflectors and spoke reflectors will also help you to be seen. Flashing lights are permitted but it is recommended that cyclists who are riding in areas without street lighting use a steady front lamp."

WorraLiberty · 22/12/2021 10:33

Did the police attend at the time?

NeedsCharging · 22/12/2021 10:34

I am sorry but do cyclists not have a legal obligation to have lights?

They do but that doesn't necessarily mean your son could not be found at fault also. Aretha police taking any action?

daimbarsatemydogsbone · 22/12/2021 10:34

@Besswess88

I am sorry but do cyclists not have a legal obligation to have lights?
Yes they do.

But lack of lights doesn't automatically prevent a cyclist from claiming from a driver who hits them.

They are separate issues - the Police can issue a ticket to the cyclist of they choose.

Insurers and possibly courts will argue about the degree of contributory negligence having no lights may represent.

Sadly I often see cyclists with no lights wearing dark clothes at night - if I ask them about it I usually get abuse.

Original poster
Besswess88 · 22/12/2021 10:35

No the police did not attend.

OP posts:
user1471459476 · 22/12/2021 10:36

As going through something similar at the moment, I would say that not having any lights would amount to contributory negligence on the part of the cyclist. The insurance company will sort it all out. It might be a good thing that he had passengers as witnesses too

WorraLiberty · 22/12/2021 10:36

@Besswess88

No the police did not attend.
Ok, sorry for being dense but...

I have advised my son to get official email from the police which he has done explaining no lights and no damage.

How can the police to that?

WorraLiberty · 22/12/2021 10:36

*do that

Tommika · 22/12/2021 10:39

@Besswess88

I am sorry but do cyclists not have a legal obligation to have lights?
If ridden in the dark then cyclists must have lights & reflectors

www.gov.uk/government/publications/pedal-cycles-lighting/pedal-cycles-lighting

He must now share his insurance details, leave the insurers to deal with the cyclist and ensure that the insurers have all the details from him, including contact information for his passengers

Peachesandcream15 · 22/12/2021 10:42

You need to let the insurance company sort it out. Yes the cyclist should have had lights but your son is at fault.

I think this is a good lesson for your son (where thankfully no one was hurt) on just how careful you need to be as a driver and just how easy it is for things to go wrong. I'm sure he will be more cautious in future.

Lockheart · 22/12/2021 10:42

If the police didn't attend how can they possibly attest that the cyclist had no lights and suffered no damage at the scene of the accident?

Lovetoridemybicycle · 22/12/2021 10:51

Unfortunately damage to a bike might not be immediately obvious. For example cracks in a carbon fibre frame. (possibly £1000's), power meter pedals broken (£1000) as just 2 examples.
For the record yes he is an idiot for not using lights and well done for your son for stopping, I've had to pick up husband from side of road with major concussion as the driver just drove away (a witness stopped and called the ICE number on his phone) Hand it to the insurance company, that's what it's for

daimbarsatemydogsbone · 22/12/2021 10:53

@Peachesandcream15

You need to let the insurance company sort it out. Yes the cyclist should have had lights but your son is at fault.

I think this is a good lesson for your son (where thankfully no one was hurt) on just how careful you need to be as a driver and just how easy it is for things to go wrong. I'm sure he will be more cautious in future.

It is utterly impossible for you to determine who is at fault.
vivainsomnia · 22/12/2021 10:55

My OH bike is worth more than our DS car. It doesn't take much to do serious d'ange that might not be visible.

Ultimate, he'll have to provide an estimate of repair costs.

You seem a bit dismissive of the situation that could have been much worse.

Original poster
Besswess88 · 22/12/2021 11:12

Dismissive?!

Don’t ride around on an (possibly) expensive bike with no bloody lights.

OP posts:
JuergenSchwarzwald · 22/12/2021 11:13

@Besswess88

I am sorry but do cyclists not have a legal obligation to have lights?
They do, but that doesn't mean the OP's son isn't liable for hitting him. But I suspect an insurance company will say the cyclist was partly responsible, and reduce the level of any pay-out.
WorraLiberty · 22/12/2021 11:15

@Besswess88

Dismissive?!

Don’t ride around on an (possibly) expensive bike with no bloody lights.

How can the police email to confirm no damage and no lights, if they didn't attend?