Pushbike Incident

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Thu 17 Dec 2015 09:09
Pushbike Incident - Trisha27

Good Morning, I am new to the forum and would be gratful for any advise on a situation that occurred recently.

My teenage son has a paper round which he generally does on his trek mountain bike, he delivers down a street where people do have drives but also park on the pavement. Whilst delivering to adjoining properties he left his bike on the pavement outside one of them, a neighbour the other side reversed her car back past her drive and theirs (they arn't huge drives) and caused a fair bit of damage to my son's drive - she told him to let her know how much it cost.

The total cost was £130 of which £10 was for cables which could have been accident or wear and tear related, £60 for the wheel, and £40 for the pedal/bar, there was a £20 labour charge.

I went with my son to see the people involved and took the repair paperwork with me, I explained the repair costs and asked if they would contribute £50 towards the repair (which myself and my husband considered very reasonable). They were not prepared to pay £50 and solely blamed my son for the incident for leaving his bike on the pavement.

We had a discussion during which it was confirmed (as my son had said) that the driver was not in the vehicle when he placed his bike on the pavement (was outside, but looking at water running off the guttering), I asked if they checked behind the car prior to reversing they said no and asked if I did, the car has a camera and sensors but they said neither picked it up (light was on, on the bike).

The person said they would contribute £30 which I am not happy with and left, it wasn't a pleasant situation with the teenage daughter shouting from the other room.

Any idea where I stand ? Any comments appreciated. One thing I didn't mention to them is the car reversed, stopped and reversed again (he only told me about this after.

Many thanks

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Thu 17 Dec 2015 09:45
Pushbike Incident - RobJP

As a first step, I'd suggest going back to the other party, and explaining that you aren't happy. As such, you'd like their car insurance details to consider making a claim against them, unless they're willing to re-consider their contribution.

I'll almost guarantee that'll bring them out in a cold sweat ... a claim against them, even if for a minimal amount, would bump up their premiums considerably, far more than the sum you're looking for.

As an aside, hopefully your son will have learnt a valuable lesson - put it out of the way, there are lots of idiots on the roads !

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Thu 17 Dec 2015 09:55
Pushbike Incident - Palcouk

Write to them, recorded delivery, stating that you / your son require £130 - £10 in full and final settlement of damage caused by their negligence, in apparently driving on the pavement, and damaging the cycle, within 14 days ( specify the date)

And failure to to provide this sum will lead to your instigating a small claims court claim for that sum.

Be aware that this process will take some time (Last time I undertook one against a car dealer took 6+ months) and that court fees payable cannot be recovered in any claim

Fees are £35 by paper filing or £25 Money Claim on line

You could of course demand their insurance details and make a claim against their insurers, which will cost them a lot more, in terms of increased premiums - probably the best method of action.

Good luck

Edited by Palcouk on 17/12/2015 at 09:57

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Thu 17 Dec 2015 10:12
Pushbike Incident - Trisha27

Thank you Rob and Palcouk for your replies, useful answers that give me something to think about.

The fact that he had left it on the pavement I had a bit of empathy with the driver which is why I suggested the lower amount (not sure I still feel that way after visiting them, but if they paid the £50 that would be the end of it).

Going back again is a good idea, it's just the going back !! (I hate confrontation being the wimp that I am..). But, at the minute that sounds like a plan!

Thanks again

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Thu 17 Dec 2015 11:02
Pushbike Incident - RobJP

Trisha - if you find confrontation awkward or threatening, then there's nothing wrong with doing it by letter, and requesting that they respond in the same way.

As you say, there is some sympathy for their position too, with the bike being left on the pavement. However, your position of only requesting part of the costs does reflect that, and appears to be very reasonable on your part.

As I say, a little bit of a push - them realising that if you go to their insurance, it's going to cost them a hell of a lot more in the long run - might be all it needs for them to calm down a little bit, and to settle.

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Thu 17 Dec 2015 14:13
Pushbike Incident - Trisha27

That's a good idea Rob, I may go down that route.

Thank you

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Thu 17 Dec 2015 14:50
Pushbike Incident - Dwight Van Driver

Paper round - indicative of early morning darkness?

Colour of cycle - any reflective parts.heavy chrome?

Any lights on cycle - if dark?

A cycle laid on the ground could be hard to spot depending where laid.

Possible therefore 50/50 blame?

dvd

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Thu 17 Dec 2015 16:40
Pushbike Incident - No_FM2R

>>A cycle laid on the ground could be hard to spot depending where laid.

>>Possible therefore 50/50 blame?

And if it had been a child laying down, or an old person who fell over, or me tying my shoelaces? No, I don't think so.

The car is illegal on the path.

Whether or nto it is worth pursing is another matter; it depends how strongly you feel bearing in mind that sometimes life is just too short - you asked for £50, they offered £30, you are worrying about £20.

I would have probably accepted £30 as enough of a face saver and walked away from what sounds like an unpleasant group to spend time with.

That said, if you care enough send them a letter saying that you want £50 plus costs, and that they have 10 days before you issue a summons. Alternatively you are happy to pursue their insurer if they wish.

So you want £50 +£5 costs now or their insurer's details or you'll issue a summons.

You are drawing a line in the sand though, do be sure that you care enough.

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Thu 17 Dec 2015 16:48
Pushbike Incident - RT
The car is illegal on the path .

Not if simply exercising the owner's right of access across that path

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Thu 17 Dec 2015 16:53
Pushbike Incident - No_FM2R

Iffy. But i think you will find that you do not have right of access over a path, although your right of access may conflict or be affected with the classification of the path / dropped kerb / etc and may need resolution.

Equally I think you will find that the primary duty of care even in a legiitmate right of way is with the car.

If the bike was laid down by a dropped kerb blocking a line from drive to road, then I have less sympathy.

However, all that said my comments stand;

You're arguing about £20, you can and may well prevail, but I'm not sure its worth the hassle.

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Thu 17 Dec 2015 17:13
Pushbike Incident - Trisha27

I did ask for £50 when it has actually cost me £130.00, to be honest I think I was far too nice about it and they are taking the p. I just thought they would be decent about it and was naively shocked at the attitude and no acceptance of blame.

It was gloomy, the bike is mainly white with some blue trim and had front and rear lights which are bright and on during his entire round.

I am not happy with £30 like you say it's whether we do take it further, a friend suggested contacting our local pcso, but no sure if they would be interested.

The only other thing I have to remember is that my son still has to deliver down the street.

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Thu 17 Dec 2015 18:16
Pushbike Incident - skidpan

a friend suggested contacting our local pcso, but no sure if they would be interested.

They would not be interested at all since no crime has been committed.

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Thu 17 Dec 2015 18:46
Pushbike Incident - Falkirk Bairn

Motor accident - just ask for the name of their insurer which they are legally obliged to give you. This will get right their.......... refusing means you then have the right to report damage to the Police Station who will ask for his licence, MoT, Insurance.....

Say it is either £130 or you will claim from their insurer and they will be the looser BIG TIME.

A visitor drove into the house opposite and then reversed out into the side of my parked car. Woman said she was at fault BUT 1 hour later she phoned and she said her husband denies everything.

I went to their house and asked for his insurance company - failure to give me details would be a road traffic offence.

The repair was some £30, 40 years ago - so maybe £600+ in today's money. 2 weeks later he paid in cash. Threat of the consequence of an insurer involvement was enough to break his resolve to tough it out and deny everything.

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Fri 18 Dec 2015 18:03
Pushbike Incident - Andrew-T

A friend suggested contacting our local pcso, but no sure if they would be interested.

The only other thing I have to remember is that my son still has to deliver down the street.

I think you are more than 50% in the right on this one, but when all's said and done you have to balance the hassle against what you hope to gain. I would say it's worth one more go, using the advice posted above; and I'm sorry to say that I would expect to receive the response that you had, from quite a lot of people - they probably reckon that you will decide the amount at stake is not worth making big waves over. They might also think you are trying something on - have they seen the damaged cycle? Are there any marks on their vehicle?

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Fri 18 Dec 2015 19:35
Pushbike Incident - Trisha27

The driver saw it at the time and was aware that it was not rideable, she got out of the car, looked at the bike and said "let me know how much it costs". It is completely buckled, still got it. Not aware of any damage to the car, and at no stage was it mentioned by them.

The husband/partner commented that you could buy a new bike for what I paid in repairs.

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Fri 18 Dec 2015 19:58
Pushbike Incident - jc2

Police will take no action over cars on pavement if enough space is left for people to pass.

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