Bike left on ground behind car - now crushed!

mikey72

stephen77 wrote: »

Lets take it to a extreme.
Your sitting a traffic light and waiting for it to go green on a dark light with no street lights on.
I am wearing dark clothes and decide to slide some just infront of your rear car wheels. eg a skateboard.
WHen the lights go green you drive and break my skateboard.

who is at my fault?
personally i think its my own silly fault, however others would say the drivers fault based on the above comments that its the drivers responability.

That sounds like it could be a classic insurance scam, and I've no doubt you could easily get a pi claim out of it as well.
And I've no doubt the insurers would settle, even if you were dressed as a ninja.

WhiteHorse

Mim wrote: »

... had left a bike lying on the road ... after son got into the car ...

Lack of due care on the part of the paperboy. If the father gets stroppy, say you will counterclaim and it will come off his house insurance.

mikey72

WhiteHorse wrote: »

Lack of due care on the part of the paperboy. If the father gets stroppy, say you will counterclaim and it will come off his house insurance.

It won't make anywhere near as much impact as losing two years ncd on a car policy.

C_Mababejive

No,dont pay a nickel..tell them to be more careful in future and dont leave a bike lying round in the road.

WelshPaul

stephen77 wrote: »

Lets take it to a extreme.
Your sitting a traffic light and waiting for it to go green on a dark light with no street lights on.
I am wearing dark clothes and decide to slide some just infront of your rear car wheels. eg a skateboard.
WHen the lights go green you drive and break my skateboard.

who is at my fault?
personally i think its my own silly fault, however others would say the drivers fault based on the above comments that its the drivers responability.

The driver would be at fault.

I'm not saying it's right or fair but if a driver of a motor vehicle hit's a stationary object it is the drivers fault.

Simples

If i was the father of the child i would contact the police and report the incident, the driver may or may not (depending on the facts) be charged with driving without due care and attention.

photome

Mim wrote: »

I'd feel the same if I hadn't checked properly but that's the point here - he DID check before he got into the car and can't be expected to have xray vision! He's annoyed for having to deal with something that wasn't his fault and I don't blame him.

.

How did he check, are you saying he walked around the bcak of the car before getting in. If he did he must be one of the few that do. Most people come out of their house jump in the car and reverse off their drive, of course checking in the mirrors and looking both ways ,but to actually walk around the car ??

Why is he so annoyed, it happened, its not the end of the world, but he was partly to blame.

Badger_Lady

photome wrote: »

How did he check, are you saying he walked around the bcak of the car before getting in. If he did he must be one of the few that do. Most people come out of their house jump in the car and reverse off their drive, of course checking in the mirrors and looking both ways ,but to actually walk around the car ??

I do, just because I have paranoias about:

- Tyres (I had a blow-out on the motorway once so, although it wouldn't prevent reoccurence, I always reassure myself with a visual check of all four tyres before I drive anywhere).

- Cats - my own weird paranoia about cats kipping in the engine (!) or just hanging around under the car's wheels. I don't go as far as popping the hood, but I do crouch down and check underneath.

And actually my car usually has a waterproof cover over it, so there's that to remove anyway.

But I do recognise that this makes me a bit weird

Andy_L

The paperboy has breached the highway code:
70

When parking your cycle

• find a conspicuous location where it can be seen by passers-by
• use cycle stands or other cycle parking facilities wherever possible
• do not leave it where it would cause an obstruction or hazard to other road users
• secure it well so that it will not fall over and become an obstruction or hazard

Ok its a "should" not a "must" so isn't illegal but does mean they must accept some of the blame

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069837

Honeydog

Badger_Lady wrote: »

I do, just because I have paranoias about:

- Tyres (I had a blow-out on the motorway once so, although it wouldn't prevent reoccurence, I always reassure myself with a visual check of all four tyres before I drive anywhere).

- Cats - my own weird paranoia about cats kipping in the engine (!) or just hanging around under the car's wheels. I don't go as far as popping the hood, but I do crouch down and check underneath.

And actually my car usually has a waterproof cover over it, so there's that to remove anyway.

But I do recognise that this makes me a bit weird

No, I check for cats too. Lots of our neighbours have them and they regularly hang out around my car.

I also do a quick walk around if it has been stood for a bit - could be a flat tyre or potato in the exhaust as a prank or something. Always worth a look. Better safe than sorry and all that.

Honeydog

Andy_L wrote: »

The paperboy has breached the highway code:
70

When parking your cycle

• find a conspicuous location where it can be seen by passers-by
• use cycle stands or other cycle parking facilities wherever possible
• do not leave it where it would cause an obstruction or hazard to other road users
• secure it well so that it will not fall over and become an obstruction or hazard

Ok its a "should" not a "must" so isn't illegal but does mean they must accept some of the blame

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069837

Dont' ALL cylists break at least 5 Highway code 'rules' every time they throw their leg over their bike and go for a ride?

I thought it was de rigueur.

Or is it just where I live?