A variety of vehicles and bikes share roads up and down the country every day.
Things can go wrong which can often lead to cars and bikes being involved in a collision – so what happens when a bike hits your vehicle?
You can either try settle the incident with insurance or take the cyclist to court
What happens if a cyclist hits my car?
The first thing you should if a cyclist has hit a vehicle is to make sure everyone involved is okay – no matter who is at fault.
Whether or not they’re wearing protective gear, cyclists tend to be more vulnerable.
If there are any injuries then you should ring 999 immediately.
After you’ve done this, you’ll need to determine if the cyclist is under 18 years old and whether they’re insured.
Cyclists aren’t legally required to be insured but if they are then you can exchange details and claim from their company.
It is not a legal requirement for cyclists to be insured but if they are then you should swap insurance details and claim from their company.
If the cyclist isn’t insured then you can claim on your insurance and hope the cyclist is cooperative and pays for any damage.
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If they refuse, you could take the cyclist to court and sue them for causing an accident providing they were negligent while riding their bike.
Negligence would mean:
Riding a bike in a dangerous way and not following the rules of the roadRiding recklessly through pedestriansSkipping a red lightRiding against trafficNot giving way
You should also take photos at the scene, get the names and contact details of witness and report the incident to 101 within 24 hours.
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Can a driver claim against a cyclist?
Yes, if a cyclist is at fault then the driver can claim against them if they’re insured.
A driver is entitled to sue a cyclist if they are deemed to have been riding in a negligent manner.
If the two parties involved can’t settle the dispute then the case could end up in court which could get expensive if the cyclist is at fault and uninsured.
It can get even more complicated if the cyclist is under 18.
Taking teenagers who are under 18 to court has proven to be a waste of time for many drivers.
Most teens under 18 don’t have any income or assets.
This means they could decide to pay you 50p a month until it’s paid off the courts would likely accept this offer.
Alternatively, you could try to contact their parents and see if they would be happy to pay the damages.
Can a cyclist claim against a driver?
Yes, cyclists can, but whilst cyclists are in a more vulnerable position drivers can still be more prosecuted.
A motorist will be considered carelessly driving in many instances such as:
Not obeying road lawsIs using his or her phoneAre not paying proper attention while drivingCut cornersOvertake dangerouslyDo not look before pulling out at junctionsTurn corners without indicatingDriver over speed limit
If the accident with the driver happened while the motorist was performing such actions, then if the cyclist is insured, they can open a claim against them.