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

rs65

lisyloo wrote: »

I don't think anyone can be expected to remove every single stone or piece of gravel. That's not reasonable.

Particularly not from a gravel car park.

dacouch

DELETED USER wrote:

It's well known and understood that loose debris in an area where cars are driving or cyclists are riding can be dangerous. It's similar to pot holes and speed bumps damaging cars. The car park owner is absolutely liable here, and the car owner's insurance should be pursuing them for the cost of the repair.

To the OP, the advice you have been given by others is correct. You are not responsible, you should not pay anything. The car owner will pay their excess, typical £75, and then their insurance company should go after the car park to recover even that.

Amusing...

Crazy_Jamie

DELETED USER wrote:

It's well known and understood that loose debris in an area where cars are driving or cyclists are riding can be dangerous. It's similar to pot holes and speed bumps damaging cars. The car park owner is absolutely liable here, and the car owner's insurance should be pursuing them for the cost of the repair.

Yes, can be. They are not automatically dangerous, in the same way that a pot hole or other defect is not automatically dangerous for the purposes of the Highways Act 1980. Given that I don't know the exact circumstances on this accident and how many stones there were in the area, I can't say for certain whether or not the car park owner is liable. But it is highly unlikely in the ordinary course of things that they would be. Your assertion that the car park owner 'is absolutely liable here' is unmitigated nonsense.

[Deleted User]

Crazy_Jamie wrote: »

Yes, can be. They are not automatically dangerous, in the same way that a pot hole or other defect is not automatically dangerous for the purposes of the Highways Act 1980. Given that I don't know the exact circumstances on this accident and how many stones there were in the area, I can't say for certain whether or not the car park owner is liable. But it is highly unlikely in the ordinary course of things that they would be. Your assertion that the car park owner 'is absolutely liable here' is unmitigated nonsense.

Of course they are not automatically dangerous. Don't talk such utter, unadulterated nonsense. It is the fact that this accident took place that creates the liability, if that wasn't already completely obvious. Honestly, do I really need to state something so basic? You should refrain from commenting if this is your level of understanding, it isn't helpful.

dacouch

DELETED USER wrote:

Don't talk such utter, unadulterated nonsense.

If you followed your own advice as per above then this would be the first accurate post you've made on this thread.

Aretnap

regthellama wrote: »

Would the insurance company have right to charge excess on something like this where nobody is to blame?

Yes they would. The excess is the part of any claim which is not covered by your insurance policy - full stop. Blame has nothing to do with it - your insurers will require you to pay your excess whether the accident is your fault, someone else's fault, or nobody's fault at all.* So you'll have to pay your excess if your car is hit by a falling tree, washed away in a freak flood or stolen - even though none of those things are your fault either.

If the accident was someone else's fault, and you can prove it, what you can do is claim back your excess from that person.

However the excess was something that the car owner agreed to pay at the time that she took out the policy, and she knew (or should have known) that there was a chance that she'd have to pay it if her window was damaged through a stroke of bad luck like this. Her choice. If she didn't like the thought of having to pay it, she had the option of choosing a policy with a smaller excess, or no excess at all. (It's not especially difficult to find a policy with no excess on windscreen claims - Nationwide for example). So personally I wouldn't lose any sleep about the thought of her having to pay it. You were no more to blame than she was, some things in life are just pure bad luck, and if you want to be protected from pure bad luck you need to take out insurance against it yourself - not expect someone else to pay for every bit of misfortune that might befall you.

*Sometimes if the accident was clearly someone else's fault and there's no dispute about liability your insurers will be kind enough to waive the excess and recover it from the at fault party themselves - but they don't have to do this.

Aretnap

leespot wrote: »

Everyone keeps saying windscreen...the OP says driver window? Probably makes a difference to the amount of excess needed, and probably more than £75..

Unlikely - most insurers (at least all 3 of the ones I just picked at random to check) treat windows and windscreens in the same way (eg Direct Line).

adouglasmhor

Mine charges a lower excess for door windows, I haven't looked for rear heated and side heated ones.

custardy

ska_lover wrote: »

Another example of why cyclists should be forced to take out their own insurance for damages against other vehicles and people. It seems madness to me that they are allowed to mingle with cars and HGVs on the roads without it.

IMO there is no such thing as a 'no fault' accident when it comes to vehicles and property. If you are in the vicinity of someones property and damage it accidentally or intentionally, the fact remains it still happened - and wouldn't have done if you weren't there.

If you knocked in to someone in a pub and spilled their pint down their shirt, you wouldn't expect to shrug your shoulders and say 'it's just one of those things' - the decent thing would be to apologise and replace their drink

To be fair to you OP, you did great just leaving your contact details, as unscrupulous people would have just rode off

Ever had a stone hit your windscreen and chip/crack it?
Where did it come from and who did you claim from?
Your example in the pub states you 'knocked into someone'
how is that comparable?

MABLE

Some cyclists would have just ridden off. Was not your fault and these things happen.