Cyclist damaged my wing mirror

katebl

OP, I got a brand new electric wing mirror sprayed & fitted for under £90 from a local garage - Renault wanted £300! Shop around, and if you then find a cheaper quote you'll have more chance of getting the money out of them!

sebdangerfield

Ivrytwr3 wrote: »

What are you talking about? She damaged someones property and you are saying she does not have to pay?

I'm talking about the RTA 1988. It says that the cyclist has no obligation to stop or furnish details.

Thanks for asking so eloquently.

P.S, your advice of demanding the money within 14 days (why 14 days? why not 15 or 16? just pluck a number out of the air!) could easily amount to harrasment or even blackmail if not not done perfectly within the law so would be a very thin line to tread by the OP, and the method of statement taking would not stand up in court, See S9 Mag's court act etc. Also, it's photos, not photo's.

Ivrytwr3

sebdangerfield wrote: »

I'm talking about the RTA 1988. It says that the cyclist has no obligation to stop or furnish details.

Thanks for asking so eloquently.

P.S, your advice of demanding the money within 14 days (why 14 days? why not 15 or 16? just pluck a number out of the air!) could easily amount to harrasment or even blackmail if not not done perfectly within the law so would be a very thin line to tread by the OP, and the method of statement taking would not stand up in court, See S9 Mag's court act etc. Also, it's photos, not photo's.

Also, it's photos, not photo's - who cares?

I'm talking about the RTA 1988. It says that the cyclist has no obligation to stop or furnish details. - Does not detract from the fact that she did stop, the OP has her details and has admitted liability and th emost important fact being is that the bint has damaged someones elses peoperty!

your advice of demanding the money within 14 days (why 14 days? why not 15 or 16? just pluck a number out of the air!) - 14 days is an amount in which is a feasible amount of time to provide the funds (but yes, 16, 17 etc, is also perfectly fine!)


could easily amount to harrasment or even blackmail if not not done perfectly within the law so would be a very thin line to tread by the OP, . - rubbish! One letter requesting payment for damage admitted to is no way harrassment. In fact the OP would be seen as been fair and accommodating.

and the method of statement taking would not stand up in court, See S9 Mag's court act etc - The 'statement' would be for personal use only (as i stated) as a reminder should a full statement be required at a later date.

Ivrytwr3

So Dangerfield, what would your advice be? Just move on and forget about it? I'm glad you can afford to do this, i know i certainly couldn't!

sebdangerfield

Ivrytwr3 wrote: »

So Dangerfield, what would your advice be? Just move on and forget about it? I'm glad you can afford to do this, i know i certainly couldn't!

You can call me Seb.

My advice was posted earlier;

My advice, from a purely moral background would be to get the damage fixed and be grateful of any renumeration from the girl's mother. Afterall, as a cyclist she was under no obligation to even stop in the first place, let alone pay.

My advice from a legal background would be to grab any money you can now as I can see even the poorer lawyers having a field day defending that one.

I've resorted to posting all the advice I can offer at the first post as experience dictates that several, non legaly trained people will pop up later in the thread and try to give better advice based on the legal training they picked up from a mate in the pub who had a NIP once.

Pendulum has a decent argument and, although I disagree (as is the point in a forum) we can both offer advice of a legal nature in one form or another. You just argue about something you clearly know very little about.

I've posted my advice in my first post. If more information comes to light later then this may change but at the moment, the OP has very little chance of getting the money back through the courts and should be happy the woman has stopped and is willing to pay out of court. Therfore, he should use this oppurtinity to come to an agreement out of court.

I'm judging by the advice you give that you are not in any legal position to offer it. Therefore, you should probably not try to undermine mine.

cyclonebri1

Ivrytwr3 wrote: »

What are you talking about? She damaged someones property and you are saying she does not have to pay?

And to those saying go to another garage/search Ebay etc; why?!

The OP has had the car approx 1 year, why should she settle for anything aside from getting the car repaired to the exact standard it was in before some bint rode her cycle into it?

My advice:

a. Get the quote from the VW garage in writing.

b. Get work done, pay for it yourself.

c. Mail quote and bill, recorded delivery, to bint and bints mum, requesting payment with 14 days

d. If failure to pay, or some sob story excuse, take them to small claims; very easy to do.

Get photo's of the damage.

Keep a log of all correspondence/telephone calls between you both.

Ask the witness to write/record a a statement of what he saw (dates/times/weather conditions etc). If it does go to court/insurance, he may forget details, so it's best to write them down now.

You really are clueless as to what happen in the real world aren't you.

In effect, cyclists are outside the realm of an insurance claim. It was not deliberate. Are you seriously suggesting the op can and should contest in court an argument against that????

:mad::mad::mad::mad::mad:

This is about a 50 or 100 quid bill for an accident caused by a kid in a car park, not malicious, intended or in anyway intended.

Have a guess which way this will go?, if it's not outside of your comprehension

Ivrytwr3

sebdangerfield wrote: »

You can call me Seb.

I've resorted to posting all the advice I can offer at the first post as experience dictates that several, non legaly trained people will pop up later in the thread and try to give better advice based on the legal training they picked up from a mate in the pub who had a NIP once.

Pendulum has a decent argument and, although I disagree (as is the point in a forum) we can both offer advice of a legal nature in one form or another. You just argue about something you clearly know very little about.

I'm judging by the advice you give that you are not in any legal position to offer it. Therefore, you should probably not try to undermine mine.

Very good of you to assume i do not have a legal background and i know nothing of the law And i am not attempting to undermine your view, i am merely offering an opinion.

And my opinion still stands:

1. Request payment.

2. If payment doesn't come, commence small claims recovery.

Ivrytwr3

cyclonebri1 wrote: »

You really are clueless as to what happen in the real world aren't you.

In effect, cyclists are outside the realm of an insurance claim. It was not deliberate. Are you seriously suggesting the op can and should contest in court an argument against that????

:mad::mad::mad::mad::mad:

This is about a 50 or 100 quid bill for an accident caused by a kid in a car park, not malicious, intended or in anyway intended.

Have a guess which way this will go?, if it's not outside of your comprehension

actually, it's in the region of 150. And malicious or not, it's still damage to the OP's property and SOMEONE is going to have to pay for the repair.

cyclonebri1

Ivrytwr3 wrote: »

Very good of you to assume i do not have a legal background and i know nothing of the law And i am not attempting to undermine your view, i am merely offering an opinion.

And my opinion still stands:

1. Request payment.

2. If payment doesn't come, commence small claims recovery.

And so does mine in the above post

Ivrytwr3

Dear Cyclist,

Thank you for having the decency to admit responsibility for the damage caused to my car Make, model, reg'n no. when you ran into it on your bike at time and date.

I enclose copies of 2 estimates for the repairs necessary as a result of your collision. I would appreciate payment within 14 days in the sum of £xxx being the lower of the two estimates.

If you pass this on to Insurers, please make them aware of this deadline. I hope we are able to settle this matter amicably and quickly and look forward to your reply.

Yours faithfully

Send it Recorded Delivery and if you don't have a satisfactory reply after 14 days, send a letter before action