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Compo win against wriggling driver
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Alycidon
Oct 4, 2015, 8:02:01 AM10/4/15
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QUOTE:
"Lonnen was riding his Santa Cruz Blur XC carbon frame mountain bike in Dunblane 15 months ago when the door of a car parked on double yellow lines opened in his path, forcing a collision which threw him over the handlebars.
The accident was seen by two independent witnesses, who both came to Lonnen's aid and provided their details.
The cyclist fractured his left wrist in the accident, but managed to take some photos on his smartphone. He reported the incident to the police and provided details of the witnesses and the driver. Soon afterwards he made a claim against the driver's insurers.
But then a 'David and Goliath' struggle began, according to Ms Mitchell of Cycle Law Scotland. She said when no response to Lonnen's claim had been received after six months, court proceedings were drafted last December. The driver's lawyers submitted a defence in January, claiming "the driver's door was shut, suddenly and without warning the pursuer's bicycle struck the driver side of the insured's car".
They went on to try and prove that Lonnen had been cycling too fast and had left a long scratch on the car, and submitted an engineer's report with photographs - which had been taken nine months after the incident.
Lonnen's photo taken at the time, however, clearly showed no scratch on the car. His solicitors were also able to provide detailed statements from the two witnesses.
Eventually, the insurance company made an offer, exactly 12 months after the incident. But it was rejected, and another month of negotiations was needed to reach a settlement at an acceptable level."
http://www.heraldscotland.com/business/13802120.Insurers_are_anti_cyclist_says_campaign_group/
"Lonnen was riding his Santa Cruz Blur XC carbon frame mountain bike in Dunblane 15 months ago when the door of a car parked on double yellow lines opened in his path, forcing a collision which threw him over the handlebars.
The accident was seen by two independent witnesses, who both came to Lonnen's aid and provided their details.
The cyclist fractured his left wrist in the accident, but managed to take some photos on his smartphone. He reported the incident to the police and provided details of the witnesses and the driver. Soon afterwards he made a claim against the driver's insurers.
But then a 'David and Goliath' struggle began, according to Ms Mitchell of Cycle Law Scotland. She said when no response to Lonnen's claim had been received after six months, court proceedings were drafted last December. The driver's lawyers submitted a defence in January, claiming "the driver's door was shut, suddenly and without warning the pursuer's bicycle struck the driver side of the insured's car".
They went on to try and prove that Lonnen had been cycling too fast and had left a long scratch on the car, and submitted an engineer's report with photographs - which had been taken nine months after the incident.
Lonnen's photo taken at the time, however, clearly showed no scratch on the car. His solicitors were also able to provide detailed statements from the two witnesses.
Eventually, the insurance company made an offer, exactly 12 months after the incident. But it was rejected, and another month of negotiations was needed to reach a settlement at an acceptable level."
http://www.heraldscotland.com/business/13802120.Insurers_are_anti_cyclist_says_campaign_group/
David Lang
Oct 4, 2015, 9:48:19 AM10/4/15
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On 04/10/2015 13:01, Alycidon wrote:
Why not? Everybody else is....
Why not? Everybody else is....
Mrcheerful
Oct 4, 2015, 10:12:37 AM10/4/15
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On 04/10/2015 14:48, David Lang wrote:
> On 04/10/2015 13:01, Alycidon wrote:
>
>
> Why not? Everybody else is....
I thought bicycle insurance was thrown in with fridge freezer insurance
> On 04/10/2015 13:01, Alycidon wrote:
>
>
> Why not? Everybody else is....
because the risk was so low?
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