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50/50 liability cyclist v car

6 replies

Isitabuseif · 18/01/2020 17:20

I apologise, I’m not at all legally minded, and that will shine through in this post!

I was involved in a RTC as a cyclist. I was on a roundabout and a (speeding) car hit me from the right. I came off my bike and had multiple fractures. To the best of my knowledge there was no damage to his car, and no injury sustained by him.

There were witnesses, however they were not able to give the police the evidence needed to pursue a prosecution. There is no CCTV or traffic cameras. The motorists insurance company are denying liability, stating I pulled out in front of him and am therefore liable. I was established on the roundabout before he entered it, however I am sadly all too aware of the difference between what happened and what can be proved to have happened. Consequently, my PI solicitor has advised pursuing a 50/50 claim. Fair enough.

My question is: as a cyclist, I don’t have insurance. Although I’m not aware of the motorist sustaining any damage/injury, I cannot be sure. If I admit 50/50 liability, am I leaving myself open to a potential counter-claim? Would it be safer to just drop the claim?

All advice and input very gratefully received!

OP posts:
Isitabuseif · 18/01/2020 17:20

Sustained to him, sorry

OP posts:
Isitabuseif · 20/01/2020 20:21

Bump?

OP posts:
Collaborate · 20/01/2020 23:37

If the car hit you from the right that suggests they were established on the roundabout when you joined. If you were already established they’d have either hit you from behind or from your left.

Rollercoaster1920 · 20/01/2020 23:44

Join British Cycling, LCC or CTC and use their recommended lawyers. Actually you could probably use them direct on a no-win no fee basis if you have a case. I struggle to see how you could be hit on the right and not have pulled out infront of a car though.

prh47bridge · 21/01/2020 11:38

It doesn't matter whether or not you were established on the roundabout first. The Highway Code states that you must give priority to traffic approaching from your right unless directed otherwise. I'm sorry but I agree with other posters that the fact you were hit on your right suggests that you pulled out in front of the car.

mencken · 21/01/2020 13:05

do you have legal expenses cover with home insurance? That might help?

Had one of these in this house, long time ago but the no win no fee lawyer came good (this may no longer be the case of course!). Speeding madam changed her story when she realised she was going to have to lie in court.

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