Bikes run over on council bike stand

berthodgson

Hello, happy new year!

Short story is- mine and my girlfriend's bikes were run over whilst chained to a council bike stand. Where do we stand in terms of claiming money from someone?

Longer story- On new years eve we returned to our bikes which were chained up in the city centre (Bristol) to find they had been run over, along with the metal bike stand itself. Big mess of twisted metal. A few witnesses came forward and we beckoned over the police, who took us to to the station to make a statement. We have the reg. and model of the car and the incident was recorded on cctv and there are at least 3 witnesses.

The police told us because they damaged public property they have to follow it up, but it seems like it might have been an accident, in which case all that happens is the guy gets his car fixed, whilst we're without our bikes (over 300£ worth of bikes [nope we didn't have bike insurance]) and our sole means of transportation.

What can we do? Is it the driver's responsibility? Can the council help? Is it just bad luck?

Thanks! Rob & Clare

wealdroam

Firstly, you do not need to have been insured.
It might've been easier if you were, but not necessarily so.

You need to get the details of the driver.
Can you get that from the police?
If not, go through DVLA to get the name of the registered keeper.

Get an estimate for the repair to your bike, or the cost of replacement.
Write to the driver holding him responsible for the damage, and stating that he has 14 days to pay you £xxx.
Tell him that after that time you will start a claim in the small claims court for your money.
If he has any sense he will pass this letter to his insurers.

custardy

berthodgson wrote: »

Hello, happy new year!

Short story is- mine and my girlfriend's bikes were run over whilst chained to a council bike stand. Where do we stand in terms of claiming money from someone?

Longer story- On new years eve we returned to our bikes which were chained up in the city centre (Bristol) to find they had been run over, along with the metal bike stand itself. Big mess of twisted metal. A few witnesses came forward and we beckoned over the police, who took us to to the station to make a statement. We have the reg. and model of the car and the incident was recorded on cctv and there are at least 3 witnesses.

The police told us because they damaged public property they have to follow it up, but it seems like it might have been an accident, in which case all that happens is the guy gets his car fixed, whilst we're without our bikes (over 300£ worth of bikes [nope we didn't have bike insurance]) and our sole means of transportation.

What can we do? Is it the driver's responsibility? Can the council help? Is it just bad luck?

Thanks! Rob & Clare

thats not quite how it works
its not an accident
someone hit the bike stand and caused damage.it doesnt simply get written of as oh well it was an accident
as said.it falls on the drivers insurance
if it turns out they don't have insurance then you need to claim from the MIB

SailorSam

I can see a problem if they're not insured. I had my Cab hit by an uninsured vehicle years ago, the MIB paid out for personal injuries to the driver (not me) of the Cab, but not to me as the owner.
But as a driver if we damage 'street furniture' we're responsible.

dacouch

Find their Insurer from the link (Assuming you have reg), it will give you their Insurers tele number and policy number. Give them a ring and lodge a claim https://www.askmid.com

Trebor16

custardy wrote: »

thats not quite how it works
its not an accident
someone hit the bike stand and caused damage.it doesnt simply get written of as oh well it was an accident
as said.it falls on the drivers insurance
if it turns out they don't have insurance then you need to claim from the MIB

It is an accident as property has been damaged owing to the presence on the road of a mechanically propelled vehicle.

There is also the potential offence of failing to stop after an accident. It looks like the OP has reported the matter to the police who should have enough evidence to investigate the matter.

If the OP has been given the reg number of the car involved they can apply to DVLA for the keeper details by filling in a form V888 and demonstrating that you have reasonable cause for asking for the information.

This form will assist you in what DVLA will give:-

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@motor/documents/digitalasset/dg_193598.pdf

rev_henry

dacouch wrote: »

Find their Insurer from the link (Assuming you have reg), it will give you their Insurers tele number and policy number. Give them a ring and lodge a claim https://www.askmid.com

This, no need for filling out forms for the DVLA. Costs you £3.75 on ASKMID and you get the insurance details instantly. You need to speak to the 3rd party claims department at the insurance company.

geri1965_2

Trebor16 wrote: »

It is an accident as property has been damaged owing to the presence on the road of a mechanically propelled vehicle.

It's an "accident" in the sense of it being non deliberate, yes. But what custardy is saying is that it doesn't absolve the driver of any responsibily and the OP has a valid claim against them.