So who's fault ?

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CSR260

CSR260

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LiVeRpO0L uK :P
Ok so im in hospital as i type this.. I got hit by a car on my way
home from work.. (Me on bike also on curb/side walk with no
lights and all in black) its night time by the way (Woman in car
with no lights pulls out of a side road and hits me) side on and says
its my fault ? But i was aloud to ride on the curb as it says on
the floor that the curb is a cycle path as well as a walk
way but like i said it was dark.. So she says i will need to pay
the damages to her car because i landed on it as she ran me over!
So im a tage confused on why its my fault ? I found her to be very
rude that she was moaning about her car when i was on the floor
in pain!!

Anyhow im ok tho cant feel any pain what so ever!! Thanks to the
morphine there feeding me!! :lol:
 
Not good to hear, glad your mostly OK and enjoy the morphine...but not too much. As a cyclist this erks me, despite whos at fault all she is worried about is her f.....g car while your carted away to hospital. for that Id go her, but Im afraid as you described you didnt make it easy for her, despite what I think, the law may apportion blame towards you? she didnt give way to the right and wasnt being aware on a cycle path/crossing however not being able to see you would be her defence
Hope not, but good luck,

Justin
 
Thought we hadn't heard of you for a while!
Sorry for that.
Lights - common thing, and really annoys me with cars, some people not putting them on when visibility's poorer than good / getting dark.
Biggest annoyance is indicating!
During the daytime, if it's quite dark and/or raining I'll at least have side-lights on - headlights if on higher speed roads.

As stated above, you didn't really help yourself not being higher visibility - reflective / bright clothing + lights.

Her worried about her car, and insurance no claims doubtless, without mention of your health is purely selfish, so you deserve to get off, and she pays for it - teach her a lesson in consideration.
Al.
 
Don't let her bully you..

The car owner is responsible for the care of other road users which includes cyclists...have the police been involved, if so did you state you hadn't any lights and have you asked them who they beleive is at fault...i'd research claims against such accidents and get proper advice from the proper places..

also you should be covered with your works insurance as you were on your way home (as long as no detour was taken) and they should have insurance for employees to go to work and to get home from a place of work...
 
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If she pulls out of a side road on to the main carriageway and hits you its her fault regardless of whether you have lights on or not. You could / should make an injury claim against her insurance. Ask for her details & get the feds involved.
 
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