Accident with cyclist - Seeking advice

VincentHanna · 16 Oct 2017 at 12:04

This morning I was pulling out of my cul-de-sac on to a main road, as I have done every morning for 4 1/2 years.

A cyclist was travelling against traffic on the pavement, my view of the pavement in both directions is obstructed by neighbours cars and a wheelie bin:

And my view of the road on the right seeing oncoming traffic isn't great either to be honest.

Here is video footage of me from starting the engine to the actual collision:

Here is it again without the start (it happened right when the footage clips over to the next file)

- [Contains a swear word!]

And here is the rear view [also contains a swear word] after it happened showing the cyclist wheeling his bike in and trying to compose himself

So basically, I am sitting stationary for approx 10 seconds waiting for a gap in traffic on my right and a cyclist goes passed just as I moved off. I moved about 1 ft and sent him sprawing in to the road. I checked he was ok, a neighbour came over (she's a nurse) and applied a sling and I took him in my car to A&E

There is damage to my car below:

I have logged the incident with Essex Police via their website.

Do I just claim off my insurance? Guy seemed reasonable so hopefully won't go for the claim route, but just in case what else should I be doing? Who is liable for damage to my car?

mattyg · 16 Oct 2017 at 12:08

Your fault mate unfortunately

You have to treat the edge of the carriageway as a give way. You didn't give way

I know he was on the pavement. But that could also have been a jogger. Or a mum with a pram

crinkleshoes · 16 Oct 2017 at 12:08

Can’t see you doing anything wrong there... he was riding illegally and managed to hit and practically stationary car... he should pay for damage to your car.

crinkleshoes · 16 Oct 2017 at 12:10

mattyg said:
Your fault mate unfortunately

You have to treat the edge of the carriageway as a give way. You didn't give way

He was giving way to the carriageway... the cyclist wasn't on the carriageway and didn't have priority to cross.

MooMoo444 · 16 Oct 2017 at 12:11

This is the exact type of cyclist that give all the rest the bad name. It's clear your intent so to just fly infront of you like that is just bizaare.

mattyg · 16 Oct 2017 at 12:12

crinkleshoes said:
Can’t see you doing anything wrong there... he was riding illegally and managed to hit and practically stationary car... he should pay for damage to your car.

Its either stationary or it isnt. I don't think there is an in between

Jonny ///M · 16 Oct 2017 at 12:12

I see him at fault and I'm a cyclist.

Unless he has some sort of insurance then claim your insurance and get them to chase him to recover costs?

Dup · 16 Oct 2017 at 12:13

Had he been a pedestrian, he would have had right of way wouldn't he? But as a cyclist on the pavement at that speed, nope, and I think given the footage the police would agree.

I can imagine getting that damage sorted from anyone's pocked but your own a frustrating and pointless exercise mind you.

MG42Maniac · 16 Oct 2017 at 12:16

His fault. Cyclists on pavements really annoy me.

VincentHanna · 16 Oct 2017 at 12:18

I look both ways for pedestrians (as I said I've been doing this for years) but they are slow enough that I don't have to check every second.

Cyclist at speed, I can't even see them.

It's a 5 Series touring so the bonnet is quite large as well which puts me even further from the road.

crinkleshoes · 16 Oct 2017 at 12:19

Dup said:
Had he been a pedestrian, he would have had right of way wouldn't he? But as a cyclist on the pavement at that speed, nope, and I think given the footage the police would agree.

I can imagine getting that damage sorted from anyone's pocked but your own a frustrating and pointless exercise mind you.

No, a pedestrian wouldn't have had right of way in that situation either - the car did.

Glanza · 16 Oct 2017 at 12:20

I thought Cyclist aren't allowed on the paths these days? Surely this makes him at fault and not you.

Rroff · 16 Oct 2017 at 12:20

Should have seen him really - but you just don't expect someone to be cycling at that kind of speed along a pavement and taking no precautions when there is a car looking to pull out :s

mattyg · 16 Oct 2017 at 12:21

The OP was stationary when the cyclist started to pass. So in essence the OP drove into the cyclist

VincentHanna · 16 Oct 2017 at 12:21

I haven't informed my insurance, but the police report I filed might go to them anyway as I had to submit my number plate.

Should I ring them now? That'll sit on my report for 5 bloody years though.

Dup · 16 Oct 2017 at 12:22

crinkleshoes said:
No, a pedestrian wouldn't have had right of way in that situation either - the car did.

Yeah I derped. It's if they're already in the road... I blame Monday morning.

As a cyclist, if I was ever dumb enough to be doing what looks like 15-20mph on a pavement against traffic I'd be yielding at the slightest hint of something pulling out on me. I'd certainly look to go behind a car waiting like yours as I would as a pedestrian. The guys clearly a plonker.

MooMoo444 · 16 Oct 2017 at 12:30

I can't tell from the video as I don't have sound here. Were your indicators on? Cyclist must've saw them if so.

VincentHanna · 16 Oct 2017 at 12:32

Yes they were. I might be a BMW driver, but i'm not that bad

Though the radio is on, you can hear that the indicators are on.

I'm sure he said to me on the way to A&E that he didn't see my car, or maybe even that I "came from nowhere". I might have that recorded on my Dashcam as it records audio.

Footage clearly shows me sitting stationary for at least 10 seconds.

MooMoo444 · 16 Oct 2017 at 12:35

Total bell then. The cyclists who want to be treated equally as road users but then suddenly become pavement users when it suits them are really trying.

Rroff · 16 Oct 2017 at 12:35

MooMoo444 said:
I can't tell from the video as I don't have sound here. Were your indicators on? Cyclist must've saw them if so.

If you listen carefully you can here the tick, tick noise from them between the music - the cyclist should have been way more wary.