If a Cyclist Hits you ?

faolteam

My car was parked the other day and a Cyclist hit my back light and damaged it, needs to be replaced,

i took her address details mobile etc , have to give her a price for the light,

Just wondering whats the law on this ?

Jesus.

No offence bro but what do you think it is?

faolteam

i guess

Jesus.

If someone damages your property they have to get it fixed mate.

Alanstrainor

If the cyclist is willing to pay then happy days. But otherwise it's probably not worth the headache in pursuing legal action.

Gran Hermano

Surely you'd report it to the Garda like all crashes and inform your insurance company accordingly.
I believe the Road Traffic Acts require you to report all motor accidents, not just those involving more than one car.
Running into the back of you should be treated the same regardless of whether it was a bicycle or car.

Canis Lupus

Really depends on the circumstances... I suppose it wouldn't have hurt to have reported it but if she hit and damaged your car then get an honest price for repair and call her up. Assuming she's a decent person she'll pay you.

Now, what happens if she says go f*ck yourself is a different matter.... But cross that bridge if it comes to it.

KTRIC

I've been thinking about this recently myself. I recently bought a rather expensive motorbike and drive into dublin city center on it frequently. I've had cyclists on dublin bikes barely miss me on several occasions because they can't brake properly or control the hunk of iron they're cycling. What happens if they hit you and then leave the scene ??

corktina

if you can't prove who it was, then you suck it up! At the end of the day, it's why we take out insurance.

Idleater

KTRIC wrote: »

I've been thinking about this recently myself. I recently bought a rather expensive motorbike and drive into dublin city center on it frequently. I've had cyclists on dublin bikes barely miss me on several occasions because they can't brake properly or control the hunk of iron they're cycling. What happens if they hit you and then leave the scene ??

I am in the same boat, so to speak, but, erm, I have a rather expensive bicycle and equally have doubts about the stopping ability of some pob's and bso 's.

Civil matter would be my gut feeling, same as if a pedestrian stumbled into my path causing me to be otherwise injured.

Riva10

If a Cyclist , motorcyclist or other car driver hits you from behind surely they are in the wrong as a person should be at a safe distance from your rear (vehicle) Just because a cyclist has choosen not to have insurance, this is not a reason to not pay for any and all damage caused. Leaving the scene of an road traffic accident that a person is involved in is an offence and the law (is an ass) applies to all except those with the right connections.

_Kaiser_

KTRIC wrote: »

I've been thinking about this recently myself. I recently bought a rather expensive motorbike and drive into dublin city center on it frequently. I've had cyclists on dublin bikes barely miss me on several occasions because they can't brake properly or control the hunk of iron they're cycling. What happens if they hit you and then leave the scene ??

I still think it's a bad idea to be encouraging random people to start cycling around the city centre between cars and heavy vehicles (buses, trucks and the like) without any form of training/certification or insurance required.

30 years ago this wouldn't have been an issue as there was less traffic generally but also because common sense and cop on would have applied but in our PC litigation-obsessed "modern" society where personal responsibility for ones safety and actions are dirty words it's something we should be thinking about.

No doubt the pro-cycling lobby will be along to tell me how well it works in Holland (and they're right .. I lived there myself for a few years), but the Dutch also have dedicated and segmented cycling infrastructure - not the "slap a bit of red paint randomly on the road and call it a cycle lane" we do here!

Idleater

Kaiser2000 wrote:

... the "slap a bit of red paint randomly on the road and call it a cycle lane" we do here!

To be fair, cycle Lane use hasn't been mandatory since October 2012, so cyclists' position in the midst of normal traffic is now more than before perfectly acceptable and should be no surprise to any motorist.
Of course that doesn't absolve the responsibility, but separate infrastructure is far more costly than simply enforcement of existing laws.

kaimera

Civil matter would be my gut feeling, same as if a pedestrian stumbled into my path causing me to be otherwise injured.

This, if you really want to pursue. I would.

Cabaal

Kaiser2000 wrote: »

No doubt the pro-cycling lobby will be along to tell me how well it works in Holland (and they're right .. I lived there myself for a few years), but the Dutch also have dedicated and segmented cycling infrastructure - not the "slap a bit of red paint randomly on the road and call it a cycle lane" we do here!

Not just that, but basically everyone gives way to a bike

BMJD

hit them back of course

KTRIC

BMJD wrote: »

hit them back of course

Tried that and got a little pink sheet from the Gardai for my troubles :pac:

Tenzor07

faolteam wrote: »

My car was parked the other day and a Cyclist hit my back light and damaged it, needs to be replaced,
i took her address details mobile etc , have to give her a price for the light,
Just wondering whats the law on this ?

Well, she was clearly in the wrong hitting a parked car and she agreed to pay, happy days, why would you want to pursue it any further than getting the brake light lens paid for?

TheDoc

Tenzor07 wrote: »

Well, she was clearly in the wrong hitting a parked car and she agreed to pay, happy days, why would you want to pursue it any further than getting the brake light lens paid for?

I imagine the OP is enquiring as to wether there is any legal obligation for the cyclist to pay.

Which the answer is yes, as there was damage to your private property caused by a third party. If she doesn't end up paying and refuses, you can take the matter to your local district court, who will begin proceedings for you.

They can deal with civil matters up to nominal figures of a few thousands, so this falls under that. It will cost you only a few quid, the officer in there will guide you through the process. If the case is infact meriting, they will organise a summons to the cyclist in question. There is no need to hire solicitors or any of that messing.

Although why anyone, cyclist or not, would cause damage and skip beyond paying is beyond me. Probably cause too many people give it a free pass.

I've gone through the local courts twice for two somewhat differing situations and it was a surprisingly easy hassle free process that brought a satisfactory close.

ironclaw

Don't see why no company has set up insurance for cyclists. Would cover the cost of their bike and cover them for instances like this. Granted they are rare and far between but there are some decent cyclist out there who would probably opt for that type of cover. And to the person they hit, they could just give the policy number. Would keep everything very legit and amicable. On the downside, I suppose the sheer quantity of bike theft would drive the premiums sky high and remove any business prospect to it.

07Lapierre

ironclaw wrote: »

Don't see why no company has set up insurance for cyclists. Would cover the cost of their bike and cover them for instances like this. Granted they are rare and far between but there are some decent cyclist out there who would probably opt for that type of cover. And to the person they hit, they could just give the policy number. Would keep everything very legit and amicable. On the downside, I suppose the sheer quantity of bike theft would drive the premiums sky high and remove any business prospect to it.

A lot of cyclists do have insurance: (once your out "Training" that is)

http://www.cyclingireland.ie/page/membership/insurance

Tenzor07

ironclaw wrote: »

Don't see why no company has set up insurance for cyclists. Would cover the cost of their bike and cover them for instances like this. Granted they are rare and far between but there are some decent cyclist out there who would probably opt for that type of cover. And to the person they hit, they could just give the policy number. Would keep everything very legit and amicable. On the downside, I suppose the sheer quantity of bike theft would drive the premiums sky high and remove any business prospect to it.

http://cyclesure.ie/

seamus

Very rough figures; in 2011 there were 12,000 people with CI membership and ~40,000 cyclists nationally. This means that up to 30% of cyclists are actually carrying insurance. CI did see their membership numbers soar to 18,000 in 2013, but it would be fair to say that cycling probably saw a similar jump, so the ratio holds true.

30% is actually a pretty good figure considering that the damage caused by cyclists will always be small, and the risk they pose is tiny.

No Pants

I have insurance through the CI membership. I did try to insure my bike once, I can't remember who through, but the cost was on a par with the insurance for my car, so I didn't take it any further.

Spook_ie

Cabaal wrote: »

Not just that, but basically everyone gives way to a bike

Only because most motorists looking for a car with a mascot on the bonnet will buy a Mercedes, Jaguar, Rolls Royce etc.

Del2005

ironclaw wrote: »

Don't see why no company has set up insurance for cyclists. Would cover the cost of their bike and cover them for instances like this. Granted they are rare and far between but there are some decent cyclist out there who would probably opt for that type of cover. And to the person they hit, they could just give the policy number. Would keep everything very legit and amicable. On the downside, I suppose the sheer quantity of bike theft would drive the premiums sky high and remove any business prospect to it.

Don't know why it's not a legal requirement for all road users to have 3rd party insurance. The Swiss can do it, they even have a plate on every bike to prove that they are insured, so why can't we?

There is always the option of taking the person to court but if they don't play ball it's costly and time consuming to actually get the judgment enforced, with compulsory insurance it'd easy.

No Pants

Del2005 wrote: »

Don't know why it's not a legal requirement for all road users to have 3rd party insurance. The Swiss can do it, they even have a plate on every bike to prove that they are insured, so why can't we?

There is always the option of taking the person to court but if they don't play ball it's costly and time consuming to actually get the judgment enforced, with compulsory insurance it'd easy.

A plate on every bike...maybe because it doesn't work?

Del2005

No Pants wrote: »

A plate on every bike...maybe because it doesn't work?

Why doesn't it work? It's law in Switzerland to have an insurance plate on every bike, and ever bike I saw had them. If they make it a requirement for bicycles to have insurance, in the same law they will be able to implement the penalty for not having it.

Or does it not work because our law enforcement officers only enforce 2 laws while the rest are ignored?

No Pants

My first question would be, what problem are you trying to solve? So far, we have one chap who has had the rear light on his car damaged and the cyclist agreed to pay.

Your proposed response is to bring in a hugely expensive registration system for all cyclists. Putting aside the fact that it'll cost more money that it'll ever bring in, it'll move people away from cycling, therefore jamming up the roads with more cars and buses and making each road more costly in terms of maintenance and make cycling more dangerous for those cyclists who remain, I simply don't see how it'll fix anything. Your really major hurdle is going to be enforcement, same as it is now. Have registration plates on cars stopped accidents from happening?

But hey, let's push ahead with this. I don't mind more taxes and having them spent on administration rather than real problems. Do you?

No Pants

Del2005 wrote: »

Why doesn't it work? It's law in Switzerland to have an insurance plate on every bike, and ever bike I saw had them. If they make it a requirement for bicycles to have insurance, in the same law they will be able to implement the penalty for not having it.

Or does it not work because our law enforcement officers only enforce 2 laws while the rest are ignored?

By the way, I'm reading that the Swiss abolished those velovignettes. I wonder why, since they were such a good idea...

beauf

More info here..,.

rom 1989 until this year one could buy a Velo Vignette and stick it on the bicycle frame, the rider was then covered for third party accident damage by the government scheme. The 2011 vignettes provide cover until 31 May 2012.
http://de.wikipedia.org/wiki/Velovignette

Now this year, 2012, the scheme has been scrapped as nearly everyone (90% of cyclists) already have third party insurance (Privat Haftpflichtversicherung) and on some websites there are statements that this risk will be assimilated free of charge after 31 May 2012. But maybe it would be prudent to check you have a "Haftpflichtversicherung" and the cycling risk is covered.

http://www.helvetia.ch/privatkunden/...o_vignette.htm

http://www.mobi.ch/mobiliar/live/ser...flicht_de.html

http://www.englishforum.ch/1448036-post1.html

Seweryn

beauf wrote: »

More info here..,.

http://www.englishforum.ch/1448036-post1.html

http://de.wikipedia.org/wiki/Velovignette#Abschaffung

"It was argued that the administration cost is greater than the benefit", i.e. the excersise was proven to be pointless.
I hope this country will never try to go that route.

No Pants

Seweryn wrote: »

http://de.wikipedia.org/wiki/Velovignette#Abschaffung

"It was argued that the administration cost is greater than the benefit", i.e. the excersise was proven to be pointless.
I hope this country will never try to go that route.

More countries seem to abolish these schemes than set them up.

Popoutman

Riva10 wrote: »

If a Cyclist , motorcyclist or other car driver hits you from behind surely they are in the wrong as a person should be at a safe distance from your rear (vehicle) Just because a cyclist has choosen not to have insurance, this is not a reason to not pay for any and all damage caused. Leaving the scene of an road traffic accident that a person is involved in is an offence and the law (is an ass) applies to all except those with the right connections.

Sometimes there are circumstances where being hit to the rear is not automatically that person's fault. One clear example would be where last year I was cycling around Castletroy when a car overtook me then pulled right in front of me and braked to a stop less than ten feet in front of me. I was cycling on a road curving to the left and going downhill, my speed was at or slightly over the 50kph limit when a car illegally overtook me on a solid white line with little visibility oncoming. Just as the driver passed me they realised that their right turn was coming up so they pulled right into the kerb in front of me then braked to a stop. I only had enough time to think what would be the most comfortable part of the car to hit as I wasn't able to get up on the footpath to escape, and I couldn't go to the right as there may have been an oncoming car.. I ended up planting on the brakes as hard as I could - thankful that I have particularly good brakes and tyres on the bike, scraping up the inches-wide gap between the car and the kerb and pretty much knocking the wing mirror off. Luckily I wasn't injured nor was my bike damaged, though I had received quite a shock with this demonstration of dangerous driving. The driver beeped a lot, I got off my bike and went back to have a chat, but the driver sped off without my being able to get a number. I had a chat with a mate in the gardai a while later and as far as he could gather in that circumstance the car driver would certainly have a case to answer for.

In general though yes, rear ending is at the fault of the road user behind, but the person in front can be culpable if their driving was dangerous.

It really annoys me when I see cyclists cycling dangerously, or running red lights etc. It makes it a lot harder for those cyclists that actually obey the RoR. I would like to see on-the-spot fines by the Gardai for poor cyclists, and I have seen it happen.

torrevieja

and in the corner of my eye i could see this guy coming out of a shop and getting on a bike

before i knew it he was in front of me totally lost control of the bike and going towards me he actually did a complete circle and rubbed of my door and wing mirror, i shouted at him are you drunk , im fine thanks was his reply ,

He scooted down the road on the opposite side of the road , i should of went after him , im sure he was drunk :mad: