Accident with cyclist can anyone help?

by admin on September 9, 2010

I had an accident with a cyclist, he rode in to the side of my car. I stopped and we exchanged details, 2 witnesses were present one being an off duty policewoman. We called for an ambulance but the cyclist said he was ok and got on his bike and rode off. I later got a letter through saying he was claiming. What I did not realize was that my insurance had been canceled as my payment had not gone through. I thought I was insured for another 6 months but sods law came into play, as when I got home on that same day I had a letter in the post stating my insurance had been canceled. I am disputing his claim as I was in the right and the accident was not my fault, the policewoman agreed that he did not use correct hand signals or look over his shoulder. Where do I stand as I thought I was insured but since realizing have found out I could be prosecuted for not having insurance, I do not have enough money to use a solicitor or to pay the cyclist directly and am panicking that if I deny liability for the accident then they will try to prosecute me for not having insurance. Would a no win no fee solicitor try to push it that far? I have 7 years no claim and have never had an offense before (driving or other, not even a speeding or parking ticket) and have never missed a payment.
The accident was his fault, not mine. He pulled out in front of me and hit the side of my car, as it was the side it proves that he rode in to me. Unfortunately cyclists do not have insurance or I would put in a claim against him. I know if proved otherwise my no claims will stand for nothing but they do show that over a 7 year period that I am a sensible driver who has not had an accident before., surely in a court of law that would stand for something?
Please can I have serious responses from people who have properly read my message, I am grateful for peoples responses but none really seem to answer what I have asked.
He is trying to claim against me, this is why I asked if the No win No fee solicitor (this is his solicitor) would go this far. I am not trying to claim against him, he is claiming against me. I want to counter his claims by stating it was not my fault but I am worried that if I do his solicitor (no win No fee) will then try and go further by prosecuting me for having no insurance. He was not looking over his shoulder which is why we had an accident and why I am stating that it was not my fault… I would not be concerned if I was raising the claim.. sorry but all I am looking for is a well thought out, knowledgeable answer which would help me.
we were both going down the road the same way, he was in a designated cycle path which runs along the left side of the road still on the road though, suddenly he turned, as if to turn right but did not indicate We were level at the time which is why he hit the side of my car, it was the side front passenger panel. I had a free appointment with a solicitor and he also said that as he hit the side he was at fault showing he went in to me. That makes a policewoman a solicitor, another witness and myself who all said it was clearly his fault. Although my argument is not entirely to determine who is at fault, my question is that if I deny my liability and argue that it was his, would his solicitor push to prosecute me for not having insurance at the time, even though I was under the understanding that I was. I know cyclist should honor the same rules and I know he did not as it was him that hit me, If a motorist turned without indicating it would be their fault, but a cyclist??

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{ 4 comments… read them below or add one }

Luna & Lawnboy September 9, 2010 at 12:23 am

Please explain how the incident occurred. Just because he struck the side of your vehicle, does not make him automatically at fault. A bicyclist needs to honor the same rules of the road as a motor vehicle. A better description of the accident would help.

TwinkaTee September 9, 2010 at 12:23 am

First of all, whose fault was the accident? You say he rode into your car, so was he at fault. If so, you need to be contacting his insurance to file a claim for damage to your car.

Mike B September 9, 2010 at 12:23 am

Yhoo need ToDecide Who Is At Fault
If It’s Yhoo Then Yhoo’ll Have To Cough Up.

If It Wasn’t, He’ll Have To Pay For Any Damages

NEVER ACCEPT LIABILITY HOWEVER!!! MY UNCLE WAS ADVISED THIS WHN HE WAS IN AN ACCIDENT!!!

Btw If Yhoo Don’t Have Valid Insurance hen Yhoor No Claims Stand For Nothing After 2 Years Of HavingNo Insurance.

And In My View, Cyclists Should Be Made To Pay For Using OUIR Roads. They Should Be Taxed/MOT’d/Insured, If They Want To Ride On The Public Road. But This Is My OWN View

Good Luck
–Mikey B–

mbrcatz September 9, 2010 at 12:23 am

Sods law, that’s funny, I hadn’t heard that before.

Well, correct hand signals or not looking over your shoulder, doesn’t affect your right of way. I’m trying to figure how he hit the side of your car, if he was looking where he was going.

In any case, you either have to hire a solicitor, or try to represent yourself. You won’t get a no win/no fee guy to take this, because, you’re DEFENDING. It would be, no win, no lose, no fee – or rather, no pay at all regardless of outcome. I doubt you’ll find someone willing to take this for no pay.

Best you can do, is find the money for the solicitor, and countersue for legal fees and scratches to your car. Because if you don’t have a solicitor, you’re probably going to lose this.

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