Cycling accident with parked car.

  Ush1 17:17 08 May 2017
Locked

Hi all. Advise please. My brother had a cycling accident yesterday, stupidly road into the back of a car whilst it was parked on a cycle lane. Damage was back screen and boot. The police on scrne said the driver would be happy to have it repaired on his insurance if he pays the excess. Fair enough we thought. The driver has come back today saying he cant claim on his insurance as they wont fix it. Suspicious i thought, Ive checked on the internet and now find its because he has no m.o.t. The police dont seem to want to help and now hes saying the bill is £650 and quite frankly its not worth that. Advise on next steps if anyone can help.

  Quickbeam 17:45 08 May 2017

I'd do nothing. If they can't afford to run it legally, they can't afford to Sue you!

And if that doesn't make them go away, I'd mention the possibility of a counter claim for being in a prohibited position with an unroadworthy vehicle...

  wee eddie 17:50 08 May 2017

Agree with QB.

However, I'd remind your brother that I would be mentioning his "attention deficit at the next family gathering

  Ush1 17:56 08 May 2017

The idea at the minute is to pay him to get rid of him and then go to no win no fee. Not sure, good or bad idea? Thanks for replies by the way.

  Quickbeam 18:00 08 May 2017

I wouldn't pay a penny with the vehicle being run illegally. All the odds are stacked against them if you refuse to do anything.

  bumpkin 18:06 08 May 2017

Tell him you will pay him when the police have seen his MOT.

  Govan1x 18:48 08 May 2017

Insurance company would not pay out probably because the person that did the damage was not insured so they cannot claim from his insurance as he does not have any.

The car should not have been parked where it was unless it had broken down. So has to be the car drivers fault for parking illegally.

Now how did you manage to find out the car had no MOT. Once again if the car had no MOT it should not have been on the road unless it was actually going to have an MOT done that day.

Was this a normal bike or a motor bike we are talking about.

  Ush1 18:50 08 May 2017

It was a bicycle. We found out after he said his insurance would not pay out. Dvla website told us he has no mot and know the police have been informed theyve confirmed it with their database.

  Ush1 18:53 08 May 2017

That was after we tried our own insurance as directed by the police but they said the car had no mot so been confirmed by 3 seperate sources.

  Burn-it 18:57 08 May 2017

He can sue in a private court and would win hands down, which he may do - especially if he is done by the police. It does not alter the fact that the damage was done by your brother's negligence.

  Hbla 20:14 08 May 2017

Rule 140. Cycle lanes. ... You MUST NOT drive or park in a cycle lane marked by a solid white line during its times of operation. Do not drive or park in a cycle lane marked by a broken white line unless it is unavoidable.

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