Cycle hitting car .

Laurieo

My daughter hit a car which had moved into a cycle lane ,the road is a single carriageway with a cycle lane which then becomes a dual carriageway with no cycle lane .The car moved early into the cycle lane to gain early access to the extra lane .
 She swerved to avoid the car but hit the side.
She was shaken up by this and agreed she would pay damages ( I know !) as she felt intimidated at the time  .The driver has now come back two months later  saying he is going to get a quote for the repairs and expects her to pay . 
Is this fair as he was at fault moving into the cycle lane .
How should she proceed .
Thanks

Stubod

I would say he was at fault if he moved into the cycle lane....and she had to swerve???...According to the highway code, cars are supposed to give way to cyclists...

Aretnap

If she doesn't think she was at fault then she tells him that on taking further advice she doesn't think that she is liable and that she won't be paying. The fact that she mumbled something about liability at the scene while in a state of shock doesn't mean that she's obliged to pay.

The ball is then in his court: he can huff and puff for a bit, or he can attempt to take her to court. 

Does she have contents insurance? If so it's will very probably include liability cover for cycling accidents so she can pass the matter over to her instead of her due anything more than send her grumpy texts.

Okell

How old is your daughter?  Is she an adult?

If she is then she really should have reported the collision to the police.  Did the car driver give her his name and insurance details?  She should be suing him as cyclists have priority over motor vehicles.  I'd be inclined to say she should let him sue her.  What evidence does he have?  An admission given whilst in shock after being knocked* off her bike and feeling intimidated by the car driver who just hit had just hit her?

If she isn't an adult all the more reason to ignore this bully and you should report it to the police.


*  I say knocked off her bike as I assume that's what must have happened, but did it?  From what you've said it sounds more like the car hit her and not the other way round.  Why on earth didn't she report it to the police at the time?

DullGreyGuy

Does she have a dedicated bike policy or Home Contents? Either potentially provide third party liability insurance that may cover the circumstances however she needs to be very clear, if speaking to the Home Insurance, that she was on a pushbike etc else they may just default to the fact their policies dont cover RTCs.

Presumably no camera footage?

They cut her up then stopped?

Hoenir

Quote the Highway Code

1.5 metres is a minimum safe distance for overtaking a cyclist in slow moving traffic. If you cannot allow the minimum distance, do not overtake until you can.

Okell

Laurieo said:

My daughter hit a car which had moved into a cycle lane ,the road is a single carriageway with a cycle lane which then becomes a dual carriageway with no cycle lane .The car moved early into the cycle lane to gain early access to the extra lane ....

Can you give a link to the location via Google Maps Street View?

Grey_Critic

Is she a member of a cycling club - They have a policy that members must have Third Party cover via British Cycling or an approved insurer.

My Grandson was knocked off his bike a few years ago  and off work for about 4 months they got him compensation and his bike repaired.-

The_Unready

It's  clear - the Highway Code introduced  a hierarchy of road users a couple of years ago - more details here:

https://www.gov.uk/government/news/the-highway-code-8-changes-you-need-to-know-from-29-january-2022

Rule H3 sums up your daughter's position: drivers 'should not cut across cyclists....going ahead when you are....changing direction or lane".

It's not a 'must' rule, but it is sufficiently well written to confirm that the responsibility for the collision lies with the driver,  not the cyclist. 

Tell the driver to jog on!

Bigphil1474

If there is an RTC and there are no injuries and everyone involved stopped and swapped details, you do not need to report to the police. In this case, the driver has clearly hit the cyclist by encroaching on their protected space, so the driver is liable. If the cyclist does not need any recompense, then all they need to do is to respond to the driver accordingly i.e. **** off. 
The driver could choose to take it further, but think they'd struggle.

Okell

Laurieo said:

Thanks for all your replies .As you can see from her satnav it happened just before the bus stop and the cycle lane ending .
Photos attached 

Where exactly was it on Google Maps Street View?

Show us here:  A5205 - Google Maps

The satnav image you've shown is a bit confusing (to me at least!)  Were they travelling in the same direction or opposing directions?