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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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Riding my bicycle, I ran into a car stopped in the carriageway,

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Riding my bicycle, I ran into a car stopped in the carriageway, causing a small dent in the tailgate. The car was stopped due to suffering a flat tyre. The owner was in the car waiting for her partner, whom she had phoned, to come and help. She had not pulled onto a hatched area on the opposite side of the road that would have taken the car out of the flow of traffic. She later drove over to this area when her partner arrived.
I suffered £100 damage to my bicycle and £358 to have a broken tooth extracted and a plate fitted.
The car owner's insurance company is asking me to cover all of the lady's costs. I feel that each party should cover their own costs as I see guilt on both sides; I should have looked ahead more carefully and she should not have left her car in a position that was a danger to other road users.
Can you help me understand the legal position regarding these liabilities.
Andrew Hemming

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

The car owners insurance company is telling me that I have to pay all of the costs associated with repairing damage to the lady's car. I want to know whether this is a correct interpretation of my liability under the law, or whether the lady should take a share in the cost liability for both parties due to the fact that she could easily have done more to remove her car from a position of danger to other road users.



It is not good news I am afraid.

It is actually illegal to drive a car with a defective tyre although pulling to the side of the road would not be actionable.

However driving 100 yards to a layby could be dangerous particularly to pull across to the opposite side of the road with a flat tire could be extremely dangerous.

It does not matter that the car was parked where it should not be parked, the fact remains that you are supposed to keep a watchful eye on obstacles in front of you.

If she jammed the brakes on suddenly in front of you it would be different but you do not mention that.

In circumstances like this, in 99% of cases it is the person who runs into the rear of the other vehicle who is held responsible.

If you have insurance for your bicycle or insurance that would cover this attached to your house insurance then you may want to let your insurance company deal with.

If you do not have any insurance then I'm sorry to have to tell you that you are faced with sorting this out from your own pocket.

I wish I could give you better news that is the legal situation.

If this went to court, then based upon what you have told me, I cannot see that the driver would be held to blame at all.

Can I clarify anything for you?

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