Claim from a cyclist on the pavement impacting my car…

Adm747

Hello - I had an incident with a cyclist on what I think was an Electric Bike approximately 9 months ago, which I felt I was not liable for. I initially suspected it was a scam and subsequently reported to the police when I returned home - the cyclist demanded payment for the damage to his bike and requested that I take him to a ATM for cash. After I refused (and refused liability) and suggested we call the police, he contacted some of his friends who almost immediately arrived at the scene and attempted to intimidate me.

I was indicating and turning left into a car park on a very small stretch of road (the road actually only goes left and into the car park due to a permanent through-road block where construction work is ongoing). The cyclist (a JustEat delivery cyclist now common in some city centres) was on the pavement to my left, and dismounted the pavement and curb into the road as I was turning left. This resulted in him impacting the left wheel well of my vehicle, causing minor scratches to my car but bending his forward wheel beyond repair. His bike had a device on his down tube, which makes me think it was an hybrid/electric bike and would account for his speed (he came out of no where)!

I have now been informed this week that the cyclist has put a claim in with my insurer. I have my police statement from the same day which I have forwarded. Can anyone advise on blame? I was immediately adamant on my lack of liability as he came off the pavement, but my insurer mentioned cyclists being Vulnerable Road Users (although he wasn’t actually on the road - he was cycling on the pavement into the road)!

Thanks in advance for advice and support!

BarelySentientAI

Adm747 said:

Can anyone advise on blame? 

Your insurer can.

cw8825

Adm747 said:

I was indicating and turning left into a car park on a very small stretch of road (the road actually only goes left and into the car park due to a permanent through-road block where construction work is ongoing). The cyclist (a JustEat delivery cyclist now common in some city centres) was on the pavement to my left, and dismounted the pavement and curb into the road as I was turning left. This resulted in him impacting the left wheel well of my vehicle, causing minor scratches to my car but bending his forward wheel beyond repair. His bike had a device on his down tube, which makes me think it was an hybrid/electric bike and would account for his speed (he came out of no where)!

Those dreaded 5 words

How can you make that whole paragraph then state he appeared out of nowhere. 
If you are confident enough to say he dismounted as you were turning, I would expect you would have seen him as you approached.

I would think that even if he didn't dismount there may still have been a collision, caused by you turning

IMO hard to say your not at least partially liable 

BarelySentientAI

cw8825 said:

Adm747 said:

I was indicating and turning left into a car park on a very small stretch of road (the road actually only goes left and into the car park due to a permanent through-road block where construction work is ongoing). The cyclist (a JustEat delivery cyclist now common in some city centres) was on the pavement to my left, and dismounted the pavement and curb into the road as I was turning left. This resulted in him impacting the left wheel well of my vehicle, causing minor scratches to my car but bending his forward wheel beyond repair. His bike had a device on his down tube, which makes me think it was an hybrid/electric bike and would account for his speed (he came out of no where)!

Those dreaded 5 words

"came out of nowhere" and "then suddenly" rather unsurprisingly come up a lot in witness evidence.

tacpot12

BarelySentientAI said:

"came out of nowhere" and "then suddenly" rather unsurprisingly come up a lot in witness evidence.

It's not unsurprising that such statements often appear as it takes time for the human body and mind to react to new information. It takes time to recognise that something is suddenly a hazard when it was not before. Just because someone says "he appeared out of nowhere" doesn't mean they weren't paying attention.

dunstonh

I have now been informed this week that the cyclist has put a claim in with my insurer. I have my police statement from the same day which I have forwarded. Can anyone advise on blame? 

Your insurance company will make a decision. With no dashcams and no evidence and a bit of wishy washy witness statement that doesn't give much confidence, they may say 50/50 but as you say you were turning into a road and hit a bike out of nowhere, they may well put 100% blame on you.   You should have anticipated  that the cyclist may not be stopping but you have written it as if you didn't see them.

So, I would hazard a guess that it will either be partial responsibility or full responsiblity.

MattMattMattUK

tacpot12 said:

BarelySentientAI said:

"came out of nowhere" and "then suddenly" rather unsurprisingly come up a lot in witness evidence.

It's not unsurprising that such statements often appear as it takes time for the human body and mind to react to new information. It takes time to recognise that something is suddenly a hazard when it was not before. Just because someone says "he appeared out of nowhere" doesn't mean they weren't paying attention.

If one learns to fly, one is told that nothing "appears out of nowhere" only that people are either not paying enough attention or lack situational awareness. 

cw8825

tacpot12 said:

BarelySentientAI said:

"came out of nowhere" and "then suddenly" rather unsurprisingly come up a lot in witness evidence.

It's not unsurprising that such statements often appear as it takes time for the human body and mind to react to new information. It takes time to recognise that something is suddenly a hazard when it was not before. Just because someone says "he appeared out of nowhere" doesn't mean they weren't paying attention.

It usually means they are at least partly liable

The_Unready

The changes to the Highway Code a couple of years or so ago suggest that the cyclist (or pedestrian or any other vulnerable road user) would have had priority - it is your responsibility to check that your way is clear when turning into a minor road (or car-park) before attempting your manoeuvre. 

However, IANAL, but you may wish to prepare yourself for 100% of the blame coming your way. 

Hoenir

If the pedestrian has started to cross the road then they have the right of way. 

Merely as an observation. 

" The cyclist was on the pavement to my left, and dismounted the pavement and curb into the road as I was turning left. "

Doesn't accord with the "out of nowhere" statement. 

Lorian

Dismounting the pavement won't turn the person riding the bike into a pedestrian.