Cyclist On Footpath

[plexo]

while back i parked my car up and opened the door, didnt see a cyclist coming up on the footpath (as i drove up i usually look thers always people with prams n stuff, and i looked at the mirror just before i opened the door), anyway he caught on my door and went down, some minor injuries, i went to the police station and they took details etc, he came to pick his bike up today, says hes putting a claim in.

Some points of interest,

cyclist on footpath
no helmet
front brake didnt work

where would 1 stand?

 

[hardc0re_tid]

not sure if this applies to NI but,

http://www.bikehub.co.uk/featured-articles/cycling-and-the-law/

Cycling on footways (a path at the side of a carriageway) is prohibited by Section 72 of the Highway Act 1835, amended by Section 85(1) of the Local Government Act 1888. This is punishable by a fixed penalty notice of £30 under Section 51 and Schedule 3 of the Road Traffic Offenders Act 1988.

http://www.psni.police.uk/footpaths_are_for_pedestrians__police_urge_21_07_10

 

[stevieturbo]

As a motorist, you'll be at fault and wont have a leg to stand on.

Although I'd be trying to counter claim for damage caused by the careless/reckless cyclist....assuming he caused damage to your car by cycling without paying attention

 

[plexo]

exactly what i thought then stevie, but theres little to no damage on my car.

what way would this work then he phones my insurance, they phone me and tell me to accept liability? would it be worth fighting against?

 

[scub]

witnesses ?
can't see the lousebag getting a claim out of this surely ?
he's not allowed on the pavement is he ?

 

[plexo]

just my mum that was in the car, they would dismiss that

 

[Graham]

I always thought a pedal cycle HAD to be on the highway NOT the pavement?

 

[Cess]

Me too.

 

[syecadelic]

From what I was taught during cycling proficiency in primary school cyclists belong on the road, and from what a friend told me, cyclists own something loike 10% of the road, without paying road tax.

However. from a different view, why was your car on the footpath, either half on /off or not? I thought cars weren't allowed to park on footpaths either? (my 2 cents)

interesting the cyclists front brakes didnt work, did he tell you this?

Thing with bikes theres no 'legal/MOT type test' so brakes not working is something that will be picked up on.

A helmet is a safety requirement, but not sure weather its requirement, :/

 

[plexo]

my car was parked beside the footpath not up or on it in any way, and never is

 

[pablo]

your only defence is that the cyclist shouldnt have been on the footpath in the first place.

its unlikely he will have an insurance policy so not sure how he intends to pursue the claim?

If he has got cyclist insurance then he should have known better than to be cycling on the footpath.

 

[syecadelic]

my car was parked beside the footpath not up or on it in any way, and never is

Fair enough, hmm cyclish could be at fault for a bike which is not maintained correctly and for using a pedestrian walkway then.

though in all fairness cycling on a main road is a scary ordeal

 

[pablo]

might be worth calling your insurance company and see what the score is.

 

[plexo]

hes claiming against my car insurance for personal injury, dont think he needs to be insured himself for that to happen

 

[Boabybooster]

What time of day was it? If it was dark , did he have lights on his bike?

 

[pablo]

IM a cyclist myself but Id be defending it to the hilt. what a p***k.

 

[syecadelic]

What time of day was it? If it was dark , did he have lights on his bike?

or reflective clothing

 

[plexo]

daylight, was quite dull wouldnt but wouldnt of needed lights.

Pablo, from a cyclist point of view do you think im in the right 100%?

i can see both sides of the story, but to be fair he shouldnt of been on the footpath, his excuse was he needed to so he could get through the dead end of my street...

 

[pablo]

Im not saying Id never use the footpath, I do sometimes to get around traffic etc. BUT if I do Im extremely careful of parked cars/kids/dog/whatnot. Im acutely aware that I shouldnt be there.

Was he going quickly? Must have been to not get stopped.

 

[plexo]

i didnt see him until he hit my car, so his speed i cant say but judging by how he went down and hit the door he was going fast

 

[pablo]

sounds like he was moving on then. stick to your guns that you looked, then opened the door. I cant see him really having much of a case to be honest

- he was illegally on the footpath
- he was going much too fast
- he wasnt paying attention

screw him.

 

[plexo]

lets hope the insurance company has as much sense as you pablo

 

[pablo]

fingers crossed mate . Cyclists are a law unto themselves sometimes.

 

[syecadelic]

a cyclist has to dismount if on a foot path

 

[stevieturbo]

exactly what i thought then stevie, but theres little to no damage on my car.

what way would this work then he phones my insurance, they phone me and tell me to accept liability? would it be worth fighting against?

I dont think you have any say in the matter. It's another aspect of the corrupt system that is car insurance.

Doesnt matter if he jumped out in front of you deliberately. The law is ****ed up so he will be able to claim from you, the innocent party.

Obviously in this case there is a bit of blame both ways, the only thing to try and counter what he is doing, is try somehow to claim off him, or try and have him charged. It'll take a miracle for it to happen though.
The motorists is always deemed guilty and at fault.