Tom Richardson wrote:reohn2 wrote:
And from the other thread on strict liability
no need for strict liability here - they've already got it (presumed liability anyway)
because the driver has been prosecuted for driving without due care and attention (and no MOT!) there will be a presumption of her liability for negligence (in court) if the cyclist sues her. Her insurers will know that and most likely just pay up without going to court if the cyclist claims. i.e. the cyclist can claim from her for costs and damages to him and to his bike so that he is at least no worse off from the incident.
Sorry my bad wording,it was late I was tired,etc,etc....