Not Quite The End Of The World, But...

[DodgyKnee]

My beautiful unmarked eight year old car is in the garage having a new wing, bonnet, bumper and light fitted this week. Last week I was sitting in a supermarket carpark when a careering mountain biker, complete with iPod and sunglasses, even though it was overcast, smashed into me. I saw him coming about second before he hit, and boy, was he shifting. He has no insurance, so I have been deemed to be at fault (apparently, whoever has to pay is at fault) so I have had to pay £250 excess and lost 5 years of my no-claims discount. I didn't know I was such a dangerous driver when sitting stationary listening to PM on Radio 4.

[Jas16]

shame to hear about your situation. Its like rubbing salt in the wounds when you here about other people with no insurance, but I believe that when a claim is made and it is not your fault that you shouldn't loose any of your bonus

Logically speaking, in the eyes of an insurance company you are now a higher risk driver than before, and for just being stationary?! Does annoy me how insurance logic works.

Hope he work goes smoothly though and you are back up and running soon

[Jamesbelfast]

The biker is obviously at fault in this case and you have the right to pursue him/her through the courts for compensation - sadly very few insurers will take this option but you personally can do so. Depending on the cost of repairs you may be able to go through the low claims court system at little cost to yourself. Just because he has no insurance doesn't mean he doesn't have sufficients assets to pay for your costs.

See the link below for furter advice.

http://www.small-claims-court-support.co.uk/evidence.htm

[DodgyKnee]

Thanks James, I may look into this in more detail. Just doesn't seem right that someone can damage property, cost someone loads of money and get away with it. I am sure if it was a drunken pedestrian rather than a cyclist it would be seen as criminal damage or something similar.

[acetip]

All the more reason that push bikes should have some sort of registration and insurence but cant see it happening though.

[ptaurissr]

All the more reason that push bikes should have some sort of registration and insurence but cant see it happening though.

Couldn't agree more. I have bike insurance which includes theft and insurance in case i hit a pedestrian/car. I think it should be compulsory for cyclists as it is only a few quid every month

[Nallen132]

you maybe able to claim against the home insurance of cyclist,

[Druid Boy]

and I think you should only lose one years no claims bonus, not the whole lot.

I hope he bled a lot.

[DodgyKnee]

Thanks for your comments - glad to see it's not just me who feels the whole thing is unfair and a little surreal. Don't know how much he bled, but he looked fine to me as he went off the A&E for a check-up. No doubt he'll put in a claim for compensation large enough to wipe out the Greek debt. He has said he has no home insurance - my insurance company just don't seem bothered and are simply going down the line of 'well, it's just easier to make you pay than pursue any other option'. The whole thing is Kafkaesque.

[ptaurissr]

Thanks for your comments - glad to see it's not just me who feels the whole thing is unfair and a little surreal. Don't know how much he bled, but he looked fine to me as he went off the A&E for a check-up. No doubt he'll put in a claim for compensation large enough to wipe out the Greek debt. He has said he has no home insurance - my insurance company just don't seem bothered and are simply going down the line of 'well, it's just easier to make you pay than pursue any other option'. The whole thing is Kafkaesque.

If you want to go down the small claims court it is worthwhile, relatively cheap and user friendly for the layman. I took a garage to court after they failed to store my car securely whilst they were working on it. They left it outside and some cheeky chavs broke in and took it for a spin round the Oxford ring road before writing it off.

If you do decide to go that route, give the guy plenty of warning, send letters via special delivery and stick to the facts and avoid emotion! You will also need to show evidence/willing to negotiate if you get to sit down with a judge. I got the value of my car (very low as old banger + the hundred quid it took to get to court)