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    • short2005
    • By short2005 12th Nov 17, 9:16 AM
    • 11Posts
    • 5Thanks
    short2005
    Cycling and skidding into a car
    • #1
    • 12th Nov 17, 9:16 AM
    Cycling and skidding into a car 12th Nov 17 at 9:16 AM
    Really looking for some advice please.
    My husband was cycling to work for his night shift and whilst on company property entering the car park he skidded on some grit and stones and was thrown over the handle bars into a oncoming car that was leaving the car park.
    Thankfully he was not hurt and the driver asked was he ok,My husband was shaken up and they both decided to log the accident the following day (my husband does not personally know the driver of the vehicle but they both work in the same area of a large industrial site .
    They were both on the same shift the following day and both made statements to security, My husband said the vehicle was going slow and the driver said he was stationary ...The driver said there are two dents and a crease to his vehicle that he has had a quote from someone local to him at a cost of 1500 pound if he goes through insurance or 500 if we pay him directly.
    My husband had no bike insurance (he has now ) we are also not insured on the home insurance.
    We don't know for sure if all the damage was caused by the collision with my husband as the bike did not touch the car just my husbands shoulder.
    My husband hoped the company would cover the costs but so far
    it does not look good.
    The driver of the vehicle has been to see my husband in work today and has basically threatened him saying" if you don't pay my wife wants me to take your head off but I wont do that yet "and that we have until next week to decide, he said he would accept a payment plan of a 100 pound a month otherwise he is taking my husband to court.
    My husband does not want to report the threat as he does not want to see anyone lose their job.
    Morally we feel for the guy and feel maybe we should pay but feel we cannot just hand over 500 pound to someone on his say so ...
    Any advice please ?
Page 1
    • rs65
    • By rs65 12th Nov 17, 9:25 AM
    • 5,279 Posts
    • 2,505 Thanks
    rs65
    • #2
    • 12th Nov 17, 9:25 AM
    • #2
    • 12th Nov 17, 9:25 AM
    we are also not insured on the home insurance.
    Originally posted by short2005
    Do you not have a personal liability section on your home insurance?
    • short2005
    • By short2005 12th Nov 17, 9:40 AM
    • 11 Posts
    • 5 Thanks
    short2005
    • #3
    • 12th Nov 17, 9:40 AM
    • #3
    • 12th Nov 17, 9:40 AM
    No unfortunately not.
    • paddyandstumpy
    • By paddyandstumpy 12th Nov 17, 9:47 AM
    • 898 Posts
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    paddyandstumpy
    • #4
    • 12th Nov 17, 9:47 AM
    • #4
    • 12th Nov 17, 9:47 AM
    OP, do you have home insurance?

    I've not heard of one without a Public liability section, unless you're only insured for FLEE (fire, lightning, earthquake and explosion)?

    Personally, if you don't have insurance to cover it I'd let him go through his own insurer and offer to pay his excess. Nothing more.
    • custardy
    • By custardy 12th Nov 17, 9:53 AM
    • 32,691 Posts
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    custardy
    • #5
    • 12th Nov 17, 9:53 AM
    • #5
    • 12th Nov 17, 9:53 AM
    Did you seriously expect your husbands company to pay for the damage?
    • short2005
    • By short2005 12th Nov 17, 9:53 AM
    • 11 Posts
    • 5 Thanks
    short2005
    • #6
    • 12th Nov 17, 9:53 AM
    • #6
    • 12th Nov 17, 9:53 AM
    OP, do you have home insurance?

    I've not heard of one without a Public liability section, unless you're only insured for FLEE (fire, lightning, earthquake and explosion)?

    Personally, if you don't have insurance to cover it I'd let him go through his own insurer and offer to pay his excess. Nothing more.
    Originally posted by paddyandstumpy
    I just doubled checked the home insurance its basic building and contents, I cannot see anything in the wording about liability.
    His excess is the 500 he wants us to pay.
    Thanks for replying.
    • rs65
    • By rs65 12th Nov 17, 9:55 AM
    • 5,279 Posts
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    rs65
    • #7
    • 12th Nov 17, 9:55 AM
    • #7
    • 12th Nov 17, 9:55 AM
    I just doubled checked the home insurance its basic building and contents, I cannot see anything in the wording about liability.
    Originally posted by short2005
    Do you have link to the wording. Unusual not to have liability cover.
    • short2005
    • By short2005 12th Nov 17, 10:18 AM
    • 11 Posts
    • 5 Thanks
    short2005
    • #8
    • 12th Nov 17, 10:18 AM
    • #8
    • 12th Nov 17, 10:18 AM
    Do you have link to the wording. Unusual not to have liability cover.
    Originally posted by rs65
    Sorry I don't know how to do a link I will get my husband to ring More Than tomorrow to double check. Thank you
    • Tom99
    • By Tom99 12th Nov 17, 12:49 PM
    • 564 Posts
    • 333 Thanks
    Tom99
    • #9
    • 12th Nov 17, 12:49 PM
    • #9
    • 12th Nov 17, 12:49 PM
    Surely the car driver would have to prove your husband was negligent to make him liable.
    Skidding on grit is a risk with cycling and does not sound negligent.
    • Retrogamer
    • By Retrogamer 12th Nov 17, 12:58 PM
    • 3,787 Posts
    • 3,773 Thanks
    Retrogamer
    Surely the car driver would have to prove your husband was negligent to make him liable.
    Skidding on grit is a risk with cycling and does not sound negligent.
    Originally posted by Tom99
    Cycling too fast for the conditions perhaps?
    When someone loses control in a vehicle, they're normally deemed to be driving / riding too quickly for the conditions / terrain.
    • jack_pott
    • By jack_pott 12th Nov 17, 1:02 PM
    • 4,259 Posts
    • 5,471 Thanks
    jack_pott
    Cycling too fast for the conditions perhaps?
    When someone loses control in a vehicle, they're normally deemed to be driving / riding too quickly for the conditions / terrain.
    Originally posted by Retrogamer
    As long as the conditions are visible or reasonably foreseeable.
    I'm not upset that you lied to me, I'm upset that from now on I can't believe you.
    Friedrich Nietzsche
    • short2005
    • By short2005 12th Nov 17, 2:22 PM
    • 11 Posts
    • 5 Thanks
    short2005
    He was not cycling too fast ,it happened because of grit and stones on the road ...Husband has just rung to say that the Union have said the company are negligent due to the condition of the road and its in HR hands now.. and if the guy makes anymore threats and approaches my husband again he is to inform him to take it up with the company and call security.
    Thanks for the comments and positive advice its much appreciated.
    • short2005
    • By short2005 12th Nov 17, 2:24 PM
    • 11 Posts
    • 5 Thanks
    short2005
    Did you seriously expect your husbands company to pay for the damage?
    Originally posted by custardy
    Yes . And they are. Thanks.
    • lincroft1710
    • By lincroft1710 12th Nov 17, 2:40 PM
    • 9,924 Posts
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    lincroft1710
    Yes . And they are. Thanks.
    Originally posted by short2005
    That is most unusual. Most companies would automatically deny responsibility.
    • short2005
    • By short2005 12th Nov 17, 2:58 PM
    • 11 Posts
    • 5 Thanks
    short2005
    That is most unusual. Most companies would automatically deny responsibility.
    Originally posted by lincroft1710
    Not where my husband works (heavy industry)
    • custardy
    • By custardy 12th Nov 17, 3:27 PM
    • 32,691 Posts
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    custardy
    Yes . And they are. Thanks.
    Originally posted by short2005
    Glad HR gave you that update on a Sunday.....
    • jack_pott
    • By jack_pott 12th Nov 17, 4:04 PM
    • 4,259 Posts
    • 5,471 Thanks
    jack_pott
    That is most unusual. Most companies would automatically deny responsibility.
    Originally posted by lincroft1710
    When I started work 42 years ago, failure to clean spillage off the floor was used as an example to educate employees about new Health and Safety legislation that made employees jointly responsible in addition to the existing responsibility of employers.
    I'm not upset that you lied to me, I'm upset that from now on I can't believe you.
    Friedrich Nietzsche
    • Rolandtheroadie
    • By Rolandtheroadie 12th Nov 17, 4:09 PM
    • 4,779 Posts
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    Rolandtheroadie
    Glad HR gave you that update on a Sunday.....
    Originally posted by custardy
    I read it as the union have updated the husband. My union reps are generally avaliable, or will get back to you when they can, weekends included.
    • custardy
    • By custardy 12th Nov 17, 4:27 PM
    • 32,691 Posts
    • 27,423 Thanks
    custardy
    I read it as the union have updated the husband. My union reps are generally avaliable, or will get back to you when they can, weekends included.
    Originally posted by Rolandtheroadie
    Yup and a rep stating their opinion and it actually being fact are a very different thing.
    The OP on the other hand is confident this is a done deal.....
    • Aretnap
    • By Aretnap 12th Nov 17, 4:44 PM
    • 2,821 Posts
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    Aretnap
    This seems to be More Than's home insurance policy wording

    https://www.morethan.com/media/filer_public/4b/87/4b87f058-1b5a-4e70-96c7-3bcdd3d31814/more-than-home-insurance-policy-wording.pdf

    Personal liability is covered - page 22.
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