What should I do… if a cyclist damages my taxi?
Most of the time bikes and taxis share the crowded roads in a civil and safe way, sticking to the rules of the roads. Whether you’re sharing busy bus lanes in urban environments or in close proximity on country roads, accidents can however happen.
But what should motorists do if they are involved in an accident with a cyclist. Are cyclists liable if it was their fault? Do they have to stop at the scene of an accident?
What happens if a cyclist causes damage to my taxi?
According to The Sun, first thing first... make sure the cyclist is okay regardless of who’s fault it is. Cyclists are human, make mistakes from time to time and are less protected than motorists. If they require medical attention call 999 immediately.
Following that you now need to work out whether the biker is under the age of 18-years-old and whether they have insurance. If they are insured, and a growing number of responsible cyclists are, happy days! Simply swap insurance details and make the claim for damages caused against their insurance company as you would other motor vehicles you share the road with.
If they are not insured, it is not a current legal requirement for cyclists to be, you can claim on your own insurance, and ask the cyclist to be fair and cooperative by paying for the damage caused by his or her fault. This is a fair request giving the motorist will be fronting cost of the damage caused by someone else. Costs will include insurance excess fees and future increased insurance premiums.
Make sure you swap insurance details, take photos of the incident and the serial number of the bike.
The Sun goes on to add, if the cyclist is not cooperative, then you always have the option of taking the cyclist to court. You can sue them over causing the accident if they were negligent while cycling on the road.
Many taxis are now equipped with dashcams and CCTV devices. Footage can help your case along with photos taken at the scene and witness statements from people onboard the taxi and on the street that may have seen the incident.
A cyclist is deemed negligent if they are:
Riding a bike in a dangerous wayandnotfollowingtherules of the road
Riding recklessly through pedestrians
Riding with no lights on when dark
Jumping a red light
Riding against traffic
Not giving way.
Motorists are also advised to report the incident to the police on 101 within 24 hours.
When can a cabbie claim against a cyclist?
If the cyclist is at fault and insured, then the taxi driver can claim against them. The driver can even sue a cyclist if they are seen to have been riding in a negligent manner.
If the driver and cyclist cannot come to an agreement, then the dispute could then go to court. If the uninsured cyclist is found at fault for the collision or damage caused it could become very expensive for the cyclist.
However, if the cyclist is under 18-years-old, things may get complicated, and it may be seen as a waste of time. Most teenagers of that age do not yet have an income or assets. The courts may agree that thecyclistpaythedriverbackinone- pound instalments each month until the damage bill is paid off.
Does a cyclist need to stop if they have no insurance and are involved in an accident?
Absolutely yes. The first thing a cyclist should do is stop at the scene of the accident. It is set out in law as part of the Road Traffic Act 1988. When a cyclist is involved in an accident with another road user they must stop at the scene of the incident and assess whether anyone is injured and whether damage has been caused. The accident must be reported to the Police as a legal requirement.
