Group cycling and accident case

[kieran]

Check out:

[url]http://www.veloriders.co.uk/phpBB2/viewtopic.php?t=65243&postdays=0&postorder=asc&start=0[/url]

cyclist claiming compensation for injuries whilst riding in a group

[mrP(Boonen)VT]

Hard to believe, but then it was in Scotland

[Mike I]

I'm not sure what the problem is here. If damages have been agreed at £370,000, Mr Telfer has suffered quite badly. That figure is likely to be a combination of compensation for pain and suffering, loss of earnings (over who knows how long), perhaps the cost of long-term care and - of course - damage to his bike. What is he supposed to do? Grin and bear it?

We don't know of course how badly his leader was riding or the extent to which Mr Telfer might have been the author of his own misfortune, and that's what the argument is about. But, like it or not, we all owe a duty of care to other road users, including fellow cyclists. If we breach that duty (by riding like an ar$e) and someone gets hurt as result, we are legally liable for the consequences. It's no different in principle to driving badly and causing an accident.

It might spoil a good headline for the BBC, but I suspect in truth this is not an argument between two cyclists, but between their insurers about who picks up the tab for Mr Telfer's injuries and other losses. Even less interesting, it's probably about they divide it up. Procedurally, though, the individuals will be the named parties in the court action.

And it's no good writing it off as some quaint aberration from north of the border. The English law of negligence has its roots in the Scots case of Donoghue v Stevenson - which, as any law student will tell you, involved a snail, a bottle of ginger beer and a cafe in Paisley.

So, ride safely out there and check your insurance.

[Andrew G]

Spot on Mike, it'll be the insurance lawyers pressing the case for who pays what, and what for.

With these sort of claims the insurers will both bat back and forwards with various independent assessments needing to be done by doctors, psychiatrists, housing welfare, etc. These cases can run on for quite some time as the differing cases will argue on the level of disability was caused and if/how that stops the claimant working. - Same job, different job but still able to earn a living etc. Modifications needed to housing to cope with disability, new housing.....

On the basis that it was negligence that caused the accident and there is a justifiable claim then it doesn't seem that big at all. Rough sums as an example based on being unable to work again gives say 15 years working life remaining on a salary of say £25k = £375,500. Bodily injury claims are also indexed, so the claim is applied against an inflation table to account for salary increases during this period. Even if the claimant can return to work then the claim may cover a period of loss of earnings and rehab.

Seriously folks these claims mount up very quickly so make sure you have 3rd party insurance (a club requirement so you should - CTC or BC membership), or you could need very deep pockets in a worst case scenario.

[-Adam-]

[quote="Mike I"]The English law of negligence has its roots in the Scots case of Donoghue v Stevenson - which, as any law student will tell you, involved a snail, a bottle of ginger beer and a cafe in Paisley.

[richv]

Oh joy - cyclists trying to talk law my favourite

[Jon H]

My favourite is the law of tort...

[img]http://www.ferraracafe.com/images/nyc/specialty-cakes/triple-chocolate-torte.jpg[/img]

Mmmmm, yum.

[Mike I]

[quote]Oh joy - cyclists trying to talk law my favourite

[-Adam-]

[quote="richv"]Oh joy - cyclists trying to talk law my favourite

[Andrew G]

Fair dos Rich, I have no certificate in my loo. I was only talking from the perspective of the equally exciting arena of insurance . As I'm sure you know the insurers really fight to avoid paying these claims as a lot of the policies are costs in addition and have unlimited policy limits.

I swear if you were easily scared you'd never enter a box junction judging from the amount of motorcyclists taken out in them.

[mrP(Boonen)VT]

I'm with Jon on this one