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Ask an Expert A pedestrian hit my bike today - HARD! Legal

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NinjaBanditkat

Joined:

Mar 12

Posts: 22

A pedestrian hit my bike today - HARD!


Okay - despite the humorous one liner I have up there I am not laughing. I shall explain.....if you can help or say something nice I would appreciate it...:biggrin:

I filtered passed a bus today in Central London which was stationary, entirely over a pedestrian crossing / traffic lights... the lights were green and I filtered through on the left ( this was two lanes of one-way traffic ) as there was plenty of room going.. I was under the speed limit as buses are unpredictable but had a pedestrian run out directly in-front of me, smash my headlight in and snap my wing mirror off..

She admitted she was waved across and through the traffic by said bus driver who was covering the crossing, and duly ran across ( she is training for the marathon so was running hard ) and ran straight into me...

She is fine ( after I called the police and ambulance for her ) but has left me with £350 worth of damage..( although this includes VAT and labour etc )..

This is not worth claiming on my insurance due to the excess... and no doubt she has no insurance to cover it...

So my question - worth pushing for or suck it up and pay it myself...:upset::upset::upset:...???

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  • Posted 3 years ago (21 March 2012 18:42)

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si1981

Joined:

Feb 09

Posts: 1110

si1981 says:

get her pay out

Well i wid get her pay out for damages as sounds its awl her fault not looking carefully if you have address or if she agrees to pay out damages get quote from dealership in black white and get her cough up. 

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tim8061

Joined:

Apr 10

Posts: 114

tim8061 says:

small claims court!

She doesn't have to be insured for you to claim - take her to the small claims court!

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James600zx

Joined:

Sep 07

Posts: 2754

James600zx says:

Pedestrian vs bike.

Not sure. It's a tricky one. So the pedestrian wasn't actually on the zebra crossing? Surely she must have been injured if she smashed the headlight? Based on what you've said I don't think you did anything wrong but I'd still be wary of a counter-claim. I'd look into the cost and availability of getting cheap spares and fitting them myself. Meanwhile I'd wait or contact the other party to see how this pans out. You could do with an expert opinion from the forum's lawyer though. Hopefully he'll make a post.

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Darkrapture

Joined:

Nov 09

Posts: 200

Darkrapture says:

Devil's Advocate

You were filtering past a bus which makes any claim you could make much more difficult. Personally I'd chalk it up to experience and be glad said pedestrian wasn't hurt or making a claim against me.

Paying out £350 because somebody ran into the road without looking is harsh though.

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NinjaBanditkat

Joined:

Mar 12

Posts: 22

...


Sorry I should explain better for you all and thank you for the posts.... the bus in question covered an entire crossing - this was not a zebra crossing. It was controlled by lights and consisted of two lanes of traffic running one way...

The cars were bumper to bumper almost and on my side the bus was over the crossing completely causing pedestrians to wait...

Traffic had the green light but couldn't move as there were road works around and its central london - traffic hardly moves at 0700...

She came from the opposite side of the bus that I was on having been waved across by the driver.. she went full pelt across as she was out jogging.. the gap left by the bus which I was working my way down was wide enough for someone to think " ahh feck, bet there's a cyclist coming " at least...

She didn't stop, or look... hit me hard ( I was under the speed limit and on a green light ) and I cause the side of her body as I breaked.. she was knocked off her feet and whacked her head off a sign post..

NO ONE STOPPED TO HELP HER! I made her stay where she was ( ex police control operator ) called police and ambulance and made sure she stayed calm.

Yes I am very grateful she was not hurt further as the post took a fare whack but I am loathe to pay for the damages myself "just because she was a pedestrian"..

She didn't look!

No witnesses were spoken too, bus left the scene and CCTV was pointing the other way. Insurance company eBikes says small claims too... is this not a long drawn out system though..

Thanks folks..

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Darkrapture

Joined:

Nov 09

Posts: 200

Darkrapture says:

Ouch

Sounds painful. I understand what you are saying but filtering can be seen as a risky manoeuvre at the best of times.

It could be argued that filtering by a vehicle you can't see in front of (in this case a bus) was dangerous.

I think in this case you might have to accept at least part of the blame. Sorry :<

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NinjaBanditkat

Joined:

Mar 12

Posts: 22

Part of the blame yes..

..but not all of it.....damn it.. I thought this would be the answer anyway but hey.. if you don't ask...Its so very annoying!!:mad:

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Darkrapture

Joined:

Nov 09

Posts: 200

Darkrapture says:

Don't worry...

I'm just being argumentative, wait for a few more people to post yet :>

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bbstrikesagain

Joined:

Nov 08

Posts: 878

Amateur view

Sounds like she was aiming to pass trough a space, even though she couldn't actually ascertain whether it would still be free by the time she passed through?


Sounds like you did the same?  Fair comment?

She failed to predict a filtering bike, you failed to predict a crossing runner.

It's good that no one was more badly hurt.  A bit of blame all round, including the bus driver!  Hopefully all will come out wiser.

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MarcusMarsh

Joined:

Aug 09

Posts: 2693

MarcusMarsh says:

Pedesrtian vs Bike

ACIC is the man to provide a definitive answer.  However, in my opinion you may have a case against the bus driver and the pedestrian.  You will need to check out the legal issue of right of way on a pedestrian crossing but there is an obligation on all road users (on foot or otherwise) to ensure that the way is clear before proceeding.  In addition, the bus driver appears to have informed the runner that the road was clear to cross without checking.  Therefore, at least some liability falls at his feet.       

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