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Cycling and a stone hit a car - am I liable??

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Comments

  • The OP was not negligent so your example of riding into someone, ska lover, is not remotely similar. This is a pure accident and the driver is covered by insurance.
    Thinking critically since 1996....
  • ska_lover
    ska_lover Posts: 3,773 Forumite
    1,000 Posts Combo Breaker
    geri1965 wrote: »
    I'm a cyclist and have insurance with my home insurers. They would absolutely not pay out for an incident like this, because there is no negligence involved.

    So it would appear that you are arguing from a point of ignorance unfortunately.


    I am not arguing - just offering points of view - huge difference

    It is a shame for you that you have to jump on the defensive and start hurling insults...says more about you than it does about me. :rotfl:
    The opposite of what you know...is also true
  • ska_lover
    ska_lover Posts: 3,773 Forumite
    1,000 Posts Combo Breaker
    The OP was not negligent so your example of riding into someone, ska lover, is not remotely similar. This is a pure accident and the driver is covered by insurance.

    Example of riding into someone - where?

    Yes, the car driver is covered by insurance - the costs of the excess will still need to be met by someone
    The opposite of what you know...is also true
  • chewmylegoff
    chewmylegoff Posts: 11,469 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    What would happen if a car drove through the car park and hit the same stone with the same result? My understanding is that the person with the damaged car would just have to deal with it pay the excess and their insurers would just swallow the cost and not try to recover costs from the other driver's insurance company. That seems to be what happens when you are driving behind another car which chucks up a stone that hits you anyway...

    So, if that is right I cannot see any reason why a cyclist, insured or not, should pay anything in the same situation. If a car overtook a cyclist and threw a stone up in their face, breaking their glasses, then I doubt the cyclist would be able to claim the costs back from the motorist...
  • PeacefulWaters
    PeacefulWaters Posts: 8,495 Forumite
    edited 21 March 2014 at 7:01AM
    Well I don't mind paying some of the cost - the argumentthat if iI hadn't been there it wouldn't have happened etc, although at the same time that could also be levelled at the person who parked their car there! I am definitely not willing to pay the full cost though, whatever that turns out to be...

    Stop thinking like this.

    You made no mistake. You did nothing wrong. You have no liability (IMHO) and should not offer to pay a penny.

    While you did the "right thing" in letting the driver know what happened when 90% of the population would have just got out of Dodge as quickly as possible.

    Do not offer to pay in full or part. Do not make any further apologies or admissions of liability. Do not pay anything. Politely advise the car owner the deal with his insurers (who should provide window cover with a modest excess). In the unlikely event of them approaching you refer them to your household insurers (you should have a public liability clause).
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    Many people really have no idea of the concept of liability. Does not stop them spouting complete rubbish though.
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    ska_lover wrote: »

    Yes, the car driver is covered by insurance - the costs of the excess will still need to be met by someone

    Yes, the policyholder, because they agreed an excess when they took out the policy. In this case there is no chance of recovering it from another party (the OP) as there is no negligence on their part.
  • chucknorris
    chucknorris Posts: 10,795 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 March 2014 at 9:44AM
    Did you carry out a H&S risk assessment by surveying the car park before you cycled through it, and then erect warning notices to alert others that you might possibly send stones flying dangerously through the air.


    Yes of course I am joking
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • RedBern
    RedBern Posts: 1,237 Forumite
    The car owner should be able to claim on her insurance for windscreen repair without it making any difference to the renewal premium as it isn't treated as a claim. If you feel strongly that you have a duty, then you could pay the excess which shouldn't be more than £25. However, it could be clearly identified as an accident for which there's no blame, surely? Otherwise, is there something in your home insurance?
    Bern :j
  • An unfortunate incident for the car owner, but one they will have to suck up owing to the lack of negligence on behalf of the cyclist or the car park owner/occupier.
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