Recovering cost of damage caused by cyclist

easilydistracted

UPDATE/ FURTHER PROB see post 64

I went to get into my car this morning to find that the plastic covering over my rear lights had been smashed. There was a note from some neighbours who heard the incident.

It turns out that a cyclist crashed into my car last night with such force that the light casing broke. The cyclist ended up unconscious apparently and it seems that his friend left his details. The police attended the scene and apparently were meant to leave a note on my car but didn't.

I called the cyclist, the details left were his name, address and mobile number. At first he seemed happy to pay for the damage, however when he realised it was a nice car he said he was 'poor as f**k' and therefore he wouldn't be paying. He told me I should claim from my insurance. He admitted he went into my car but is saying he was spooked by a car driving too close who left the scene without stopping.

I don't want to call my insurance company as I don't want to have to record an accident and it will be cheaper to pay myself than make a claim. I already had to make a claim from another driver who drove into the side of me earlier in the year.

I've called the police and the officers who came out last night are on lates and calling me then. There is some suggestion by the neighbours that the rider was under the influence of drugs or alcohol.

I wondered if anyone had any idea if and how I might be able to persue him for the money? I am thinking if he's prosecuted for riding without due care and attention I could possibly persue something as part of that case. Otherwise is the best route small claims? I need to get the damage fixed asap as it leaves the light fragile to damage, but at the same time money's a bit tight at the moment.

Also does anyone who works in that line of work know a rough price for the part. It is the thick plastic casing that covers the whole light unit on the right hand side of the car. The car is a 2010 fiat 500

Thanks

Woody._2

Are you not duty bound to inform your insuance any way?

If he's got no cash how you gonna make him give you something he ain't got?

Hammyman

easilydistracted wrote: »

I wondered if anyone had any idea if and how I might be able to persue him for the money?

Through the civil courts.

Hammyman

Woody. wrote: »

Are you not duty bound to inform your insuance any way?

If he's got no cash how you gonna make him give you something he ain't got?

Easy one that. Bailiffs appointed by the County Court when he doesn't pay.

s_b

cant find you a new price but ebay says about £65 so dealer probably either the same or dearer
suggest you ring dealer as some fiat parts are refreshingly cheap though and a rear light is high on their books to get the insurance groups down due to damage like yours
wait till the bobbies get back to you and get their response
see if your house legal protection if you have it would be willing to help too

Woody._2

Hammyman wrote: »

Easy one that. Bailiffs appointed by the County Court when he doesn't pay.

And if he doesn't have the means to pay or his worldly posessions don't add up to the cost of the damage?

skiddlydiddly

Then he can sell his bike for a start.

Tilt

Surely the police would of known if the rider had been over the influence or not. If he was, they would of charged him so it should't be difficult to find out. Has he only damaged the light and not caused any dents ect? The problem is if you go through your own isurance and have do not have NCB protection then that will be affected. Also no doubt you have an excess and my guess is the damage will be less than that so you would end up paying for it anyway unless you can recover it from the TP. So it seems that you will have to write to the TP enclosing the bill for repair inviting him to pay it within say, 14 days or you will have to persue the matter in court. Also, there is the question of whether he has any kind of insurance which could cover this.

McKneff

Did you inform your insurance company of the first incident.

You are bound by the terms and conditions of car insurance policies that you must inform them of any incident, whether at fault or whether claiming or not for 'information only' if you dont your stuffed if you try and make a future claim and they find the 'incidents' on the national database.

Getting your money - small claims court, you can do this easily on line.

easilydistracted

Thanks for all your help so far everyone. I hadn't realised such an incident is something I would need to tell my insurance company as I wasn't even there for the incident but it makes sense.

sb thanks very much for your help. What exactly is the name of the part I'm looking for, is it a lens? Couldn't find the ones you did on ebay.

McKneff, yes I went through my insurance company for the first incident. It was pretty cut and dried as the driver came out of a side road straight into me. They admitted liability before I'd even got back to my office. The car was fixed in a bodyshop who gave me a courtsey car that I didn't have to pay out and reclaim for. The money has already been claimed from the other side. On doing test quotes having one non fault claim where the money's been reclaimed already doesn't seem to be an issue on my premiums.

It would definitely not be worth making a claim as I've been driving less than two years so my insurance would go through the roof. I do have motor legal protection on my insurance. Does anyone know whether using this counts as a claim? I suppose I'll have to inform my insurance company once the police have been in touch tonight and check this at the same time. I'm with direct line. Small claims seems the way to go. And I think he has got money just fancies spending it on other things!

bikebarbie

strange that! when I go out on my (push) bike if it wasnt for it an being expensive racer, I feel strong urges of intentionally smashing into the inconsiderate cars parked on the pavement (im not saying you were ) obstgructing all pediestrians, prams, wheelchairs and cyclists!! :mad: :mad: :mad: :mad:
Before you jump it"s a extra large pavement with a cycle lane in it

Anyway if he"s a half decent cyclist and damage costing less than £100 I hope that he would do the right thing and pay up!