Pedestrian hit by biker - biker trying to claim from pedestrian

marlot

As I said a couple of pages ago, he may well have just put in an insurance claim (against his own policy) for repairs to his bike, then been pushed down this route by his insurance company selling his detail to one of these vampire claims companies.

The biker may not even be aware what is being done in his name or the stress it is causing - they may have just said to him that they will investigate his options.

Tilt

I'll ask again; what action did the police take?

rob7475

Tilt wrote: »

I'll ask again; what action did the police take?

Sorry - forgot to answer that one.

Police have basically said it's just an accident, no evidence to prove either party to blame and no further action will be taken.

Tilt

rob7475 wrote: »

Sorry - forgot to answer that one.

Police have basically said it's just an accident, no evidence to prove either party to blame and no further action will be taken.

In that case the biker has no case. Make sure you get a copy of the police report in case the matter progresses to court.

terryw

Tilt wrote: »

In that case the biker has no case. Make sure you get a copy of the police report in case the matter progresses to court.

The standard of proof is far higher in a criminal case which is what the police would be interested in, rather than civil liability which the motorcyclist/insurance company are interested in.

Sgt_Pepper_2

Tilt wrote: »

In that case the biker has no case. Make sure you get a copy of the police report in case the matter progresses to court.

Really?

I'd say the police think the biker is not to blame and the have nothing they can prosecute the pedestrian for

If the biker is at fault, why haven't they taken action?

adouglasmhor

societys_child wrote: »

Second that.

Thought thought he'd soiled himself, and he had.

adouglasmhor

marlot wrote: »

Even if they do [and I'm skeptical] , it doesn't absolve them from claims if they have been negligent, and damaged somebody's property as a result.

They do not. They have right of way at official crossing points though. I always give way to pedestrians when possible though.

http://camdencyclists.org.uk/info/tforum/pedestrianpriority

adouglasmhor

Tilt wrote: »

In that case the biker has no case. Make sure you get a copy of the police report in case the matter progresses to court.

Criminal law is not the same as Civil Law though.

Tilt

Sgt_Pepper wrote: »

Really?

I'd say the police think the biker is not to blame and the have nothing they can prosecute the pedestrian for

If the biker is at fault, why haven't they taken action?

I never suggested the biker was at fault. But he will have insurance to cover his damages. The police are saying it was an accident from the evidence available. So where is the basis for a claim against the pedestrian? Certainly not for the damage to the bike because thats what he has insurance for. The only possible claim would be for un-insured losses and to get anywhere with that, you need to prove negligence and it seems there will be a police report that shows there was none.

OP may like to think about consulting a solicitor on this as it looks like you are going to get all sorts of conflicting advice on here. In the meantime, I would not respond to any correspondence from the TP or his insurers.