Car reversed into my bicycle and driver wants me to pay for scratches to window and rear bumper

ArneL

Hello,

I hope this is the right place for this. Yesterday night around 1:20am I was cycling down my road on my way home from a friend's house. A car was idling at the intersection where I would have usually gotten off and gotten into the pavement to get to my block of flats. Assuming the car would turn onto the road I was cycling down, I proceeded to turn right and went around the car to get off my bike and lift it onto the pavement. Before I could do so he reversed into me. I wasn't injured and there was no damage to my bicycle but it left scratches on the car's rear window and bumper.

The driver (who never enquired whether I was injured but immediately proceeded to tell me I'd need to pay for this) is now claiming he had no way of knowing I would be there and that I would need to pay for it as he doesn't want to pay the excess on his insurance. I will admit that I was probably too close to him when getting behind the car as I simply wasn't expecting him to reverse, but doesn't the driver have an obligation to make sure all is clear before reversing?

I do not have any type of insurance at all that could kick in here and don't have much money so paying for the full damage would bankrupt me. The driver is saying I need to pay or it gets taken to a small claims court. What are my best options? What are my rights?

Thank you so much for your help!

ZaSa1418

Do you have his details, car reg etc?
If you were there and he reversed into you thats his fault not yours.

50Twuncle

You need to inform him (if you swapped details ... why ?) that you intend to sue HIM for damage to your person and bike - that will shut him up..

prowla

It is up to the driver to make sure that it is safe to reverse.


However, as a cyclist you also have a duty to have lights if you are using the road at night, so that drivers can see you. Did you have lights on?


Sometimes drivers don't see things they should; a couple of months back someone reversed out of their drive right in front of me as I was walking along the pavement; they apologised and said I'd "come out of nowhere", whereas I'd walked along the pavement for a good 100 yards and seen the driver come out of their house (so they should've seen me).


OTOH, there was somebody riding a bike along my main road one evening last week in the rain, with no lights; I think they had no concept of the idea of personal safety.


However, back to this case: it's two wrongs, IMHO, and there's no chance of the reversing driver claiming it's the other person's fault.

Retired_Mortgage_Adviser

The person that reversed into your cycle doesn't have a case (and you would be best served politely telling him that you don't intend to pay). He is not going to win a small claim based on what you have described above. He is just trying to scare you into paying him.

ArneL

50Twuncle wrote: »

You need to inform him (if you swapped details ... why ?) that you intend to sue HIM for damage to your person and bike - that will shut him up..

He took a picture of my driving licence and took my mobile number. In hindsight I shouldn't have allowed this but I was under shock and wanted to avoid an escalation. He even called the police but they were too busy to come out (London hey!).

Thanks for the quick replies, I feel a bit better about this now. Should I even entertain the thought of settling this between us to avoid his insurance making a claim against me or it going to a small claims court? I just really cannot deal with the anxiety of this in the run up to Christmas.

ArneL

prowla wrote: »

It is up to the driver to make sure that it is safe to reverse.


However, as a cyclist you also have a duty to have lights if you are using the road at night, so that drivers can see you. Did you have lights on?


Sometimes drivers don't see things they should; a couple of months back someone reversed out of their drive right in front of me as I was walking along the pavement; they apologised and said I'd "come out of nowhere", whereas I'd walked along the pavement for a good 100 yards and seen the driver come out of their house (so they should've seen me).


OTOH, there was somebody riding a bike along my main road one evening last week in the rain, with no lights; I think they had no concept of the idea of personal safety.


However, back to this case: it's two wrongs, IMHO, and there's no chance of the reversing driver claiming it's the other person's fault.

I had my (very bright) lights on, front and back. It's also worth pointing out that the driver was wearing bluetooth earphones when coming out of his car.

sheslookinhot

Absolutely do not entertain any thoughts of settling with him. He is in the wrong, especially moving off when it was unsafe to do so.

Be firm and tell him to get lost.

Big mistake giving him personal details.

Nebulous2

If he pursues it it might be worth talking to one of the specialist cycling solicitors. British Cycling membership is helpful, as it gives third-party insurance. In the past they have been willing to take people on after the event if you signed up for 5 years membership. I don't know if that still applies but it might be worth talking to them.

You might also have some personal liability insurance / legal cover if you have contents insurance, again its worth talking to them if you have.

Finally - once he realises his liability - there is a risk his story might change and he will deny he was reversing.

unforeseen

down, I proceeded to turn right and went around the car to get off my bike and lift it onto the pavement.

so you manoeuvred around a vehicle based on an erroneous assumption? An unsafe manoeuvre by the sound of it as you had no idea what he was going to do at a junction.

Overtaking at a junction? Very risky.

ArneL

I know I shouldn't have given him my details, I was acting in panic. What is the concern other than the possibility of him harassing me now?