Advice on Accident

[cold99]

I recently had an incident where a transport company minibus bus stopped on double yellow lines in front of me outside a school while I was cycling behind it and I collided with the back of it after it was stationery. The company want to hold me liable for damage but I’m not sure on the legalities of this. Can anyone provide any advice on this?
Thanks in advance.

[Jdsk]

Welcome

I strongly advise you to seek professional legal advice.

Do you have this available through club or union membership, an insurance policy, Which?...

And keep contemporaneous written records of all communications.

Jonathan

[cycle tramp]

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[Valbrona]

Well I am led to believe they can.

[Paulatic]

Did they stop without using brake lights?

[Valbrona]

It is very difficult to wriggle out of your responsibility for hitting and damaging the back of a stationary vehicle, whatever the level of any wrongdoing on the part of its driver.

[cycle tramp]

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[cycle tramp]

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[Sum]

It's difficult to advise you, cold99, since fault will depend upon the exact nature of the incident. cycle tramp gives you some examples of where the minibus operator could be (partially) at fault. You may also be (partially) at fault depending upon how much care you was taking at the time. Both could be jointly at fault.

If you don't wish to tell us the details, which is reasonable noting that it may not be desirable to admit too much online, then Jdsk's advice might be the best option here. If you don't have cycling-specific insurance, then your home contents insurance (if you have it) should include third party liability, and may have legal cover also included.

You're free to ignore or pay attention to any advice given here, and it will be the same regardless of which forum you go to.

[Psamathe]

It's difficult to advise you, cold99, since fault will depend upon the exact nature of the incident. cycle tramp gives you some examples of where the minibus operator could be (partially) at fault. You may also be (partially) at fault depending upon how much care you was taking at the time. Both could be jointly at fault.
...

I would agree. I'm no legal expert but my personal view (as others have said) so much depends on the detailed situation.

My understanding is courts can attribute %age blame to awards (from posts on the "you were not wearing a helmet so your injuries are partially your own fault" forum area.

Is there also an aspect or risk and costs. If OP feels they are not at fault there is pressure in company with lawyers on retention and money behind them vs private person paying for their own legal defence (or not). Maybe the cost of repairs becomes relevant (how much damage can a bike do to a bus beyond the expected scrapes buses always get from unknown sources.

I apologise to OP for the attitude one forum member seems to have talen and would ask they recognise cyclists and forums attract a wide range of people and the forum has in the past been much friendlier.

Ian

[thirdcrank]

Welcome back.

If you have not decided this forum is not for you, I'd be interested to know your answer to one question:

How did the operators of the other vehicle involved or their representatives have your personal details to write to you saying they were holding you liable?

(This isn't a trick question but the answer will give some clues about how the present situation was reached.)

[cycle tramp]

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[Valbrona]

Welcome back.

If you have not decided this forum is not for you, I'd be interested to know your answer to one question:

How did the operators of the other vehicle involved or their representatives have your personal details to write to you saying they were holding you liable?

(This isn't a trick question but the answer will give some clues about how the present situation was reached.)

Presumably there is only one way that could have happened: the cyclist volunteered his/her personal details after the accident.

[thirdcrank]

I thought (presumed?) that people making presumptions was one of the ways they upset the OP

[cycle tramp]

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