Cyclist crashed into parked car and caused damage

m0bov

I hope you have informed your insurance...

Herzlos

Send the cyclist a Letter Before Action, letting him know that he sorts his insurance out or pays you the settlement figure directly within 2 weeks, or you'll start small claims action for the settlement amount from him directly.

That should get him to get his finger out, and you shouldn't have any difficulty winning in court.

Moneybear

m0bov said:

I hope you have informed your insurance...

I have but please can you confirm the importance of this? It might help people in future to understand fully what you mean by your comment.  

Moneybear

And to confirm the matter has also been reported to the police. 

williamgriffin

Moneybear said:

And to confirm the matter has also been reported to the police. 

I'm not convinced they will be remotely interested and given the OP was not driving is he legally obligated to report it? 

Moneybear

williamgriffin said:

Moneybear said:

And to confirm the matter has also been reported to the police. 

I'm not convinced they will be remotely interested and given the OP was not driving is he legally obligated to report it? 

You are right in terms of police interest (understandably). But part of the Santander bike insurance process is to report it to the police so I did this and the cyclist has spoken with them. He admitted on the phone it was his fault but is yet to return documentation to the police about the accident either. 

Car_54

williamgriffin said:

Moneybear said:

And to confirm the matter has also been reported to the police. 

I'm not convinced they will be remotely interested and given the OP was not driving is he legally obligated to report it? 

Good question. The law requires "the driver" to report it, if he has not produced his insurance certificate at the scene to a constable or "any person having reasonable grounds for so requiring". He must do it ASAP or in any case within 24 hours.

I suspect that a court would find that the OP was "the driver" for this purpose, if it was he who had parked the car. I'd be surprised if there isn't some case law on the point.

Moneybear

It has been reported to the police and all information shared with them from my side. 

Aretnap

Car_54 said:

williamgriffin said:

Moneybear said:

And to confirm the matter has also been reported to the police. 

I'm not convinced they will be remotely interested and given the OP was not driving is he legally obligated to report it? 

Good question. The law requires "the driver" to report it, if he has not produced his insurance certificate at the scene to a constable or "any person having reasonable grounds for so requiring". He must do it ASAP or in any case within 24 hours.

I suspect that a court would find that the OP was "the driver" for this purpose, if it was he who had parked the car. I'd be surprised if there isn't some case law on the point.

I can't remember the name of the case, but I recall that there's case law regarding a driver who stopped briefly at a post box to get out and post a letter. While he was posting the letter his child, who he'd left in the car, released the handbrake, causing a minor accident. He got back in, drove off, didn't report the accident and was convicted of failure to stop and/or report. The High Court upheld his conviction - even though he wasn't in the car at the time of the accident he remained "the driver" for the purposes of s170 because he hadn't completed his journey and was still responsible for the car.

OTOH if he HAD completed his journey and he'd left the car parked up for an indefinite period, and the accident was caused by a completely external cause (like another road user hitting the stationary car) I can imagine the outcome being different. I don't know if there's case law on that much wider point.

couriervanman

cymruchris said:

I remember a few years ago coming back to my car (that was legally parked) to find a dent in the back and on the roof and a big smear down the front windscreen. A note under the wiper asked me to contact the local police, and apparently a cyclist had ridden into the back, flipped over the top and slid down the windscreen. The damage to the car was quite substantial. It was a hire car, so they dealt with the damage, but I was landed with a £25 (I think it was) 'fee' to contribute to the cyclists injury recovery which if I recall came from the local health authority. It did make me smile that someone who hadn't been looking where he was going, who hit a stationary car, got a contribution to his injuries from the driver of the parked car that he'd hit. Just thought I'd mention it - as I'm not sure they still ask drivers to contribute in this way. Wouldn't want you to get an unexpected bill. 

And you paid it.......I think i would have told them to bog off