Home Chat General Chat

Paying for damages!?

Hi all

not sure if this has been posted/asked before but I just wondered if you could give me your advice or opinion on this..
last weekend in a tri I was doing I got knocked off my bike half way through the bike leg by another cyclist racing. I went flying into the road, suffered alot of road rash / hurt pride and as a consequence couldnt finish the race, there was quite a bit of blood and I was ( and still am) very sore and sustained quite a few injuries - had to get xrays etc blah blah.
now then.. I am ok, phew, nothing broken - except.. for my bike! Gutted. The front wheel goosed, the brakes need replacing and there are a lot of scuffs and marks on it now.
The guy who knocked me off fully admitted he was not looking where he was going - (he had his head down and didnt see me!) and was doing some speed ( I was doing 16mph meself and he was a better cyclist than me! so I dont know what speed he was doing) when he hit me so it was quite a f*cking shock I tell you. I thought I had been hit by a car or something, scared the frikkin sh*t out of me.
Now.. he was very appologetic and felt very silly, he sat with me until the marshalls showed up and rescued me, I was getting cold ( hadnt long been out the water and it was raining :-( was bleeding a fair bit so it was good he didnt just abandon me. ( when he hit me he ended up in a ditch with his bike on top of him! doh!)
So my point being, he was sorry - very sorry and couldnt help me enough at the time. I got his race no and first name and he said to meet him at the end of the race but to be honest by the time I got back to the race start to get my gear and see first aiders I just wanted to go home, take some drugs and bathe my wounds. So i didnt hang around.

question : what is the etiquette when it comes to paying for the repairs to my lovely bike?! Its only 4 months old and I am gutted at its now state ( I cried at its poorly state, I am sure you can all understand that!!) and based on the fact I did not cause this accident and it wasnt my fault, should I expect this chap to contribute to any repairs? I dont think its fair I should have to. I dont think its out of order but never been in this situ before and wanted some advice. I am waiting on the chaps full details from the race guys but due to data protection they cant give me them without his consent- they are waiting to hear back from him.. I didnt think he would be awkward as he felt awful about knocking off. Is there a right way of going about this?
any advice ?#

Shell - been bored all week cos have been sore and aint been able to run,or swim cos of my injuries :-(


  • jonEjonE Posts: 1,113
    Hi,sorry to hear about the accident,if the event was BTF sanctioned it may be worth contacting the British Triathlon Federation as the race fee should have a additional fee for none BTF members to cover third party damage upto a certain amount.I am not sure about racer to racer damage and injury.The tel number is 01509226161.
    Otherwise if not a BTF event or you are a BTF member they could still help,otherwise it could be civil action and small claims court.(to help out there are various solicitors numbers that deal with specific cyclist claims in Cycling Weekly).Best of luck.
  • diddsdidds Posts: 655
    ... but there may be a general legal area here whereby in participating in such an event you are accepting certain risks. Whether another competitor not being fully "awake" and causing you a mishap counts as a reasonable risk I couldn't say... I am not a lawyer.

    Just be aware that there may be an area of law whereby its just tough sh*t.


  • meakiemeakie Posts: 124
    Hi Guys

    thanks for the replies. And yep it was a BTF affiliated event. Maybe it may be worth me getting in touch with them.
    I really dont know what to do so any advice is good advice

    my poor bike!
  • Jack HughesJack Hughes Posts: 1,262
    Do you have insurance to cover it? If so, an easy way may be to pass the problem to the insurance company. They can go after the guy for recovery if they want to.

    I strongly suspect that the BTF insurance is very much for third parties - people who aren't connected with the event.
  • i160978i160978 Posts: 13
    Hi....sorry to hear about the accident. I think you should try to get in touch with the guy. He seemed pretty decent at the time so may well be expecting to contribute to repairs. I guess when we sign up for these events we are taking a little bit of risk ourselves but while it may not be ethical to ask him to pay for the superficial scuffing he should in my opinion pay for the bike to made made race worthy again. Good luck!
  • ZacniciZacnici Posts: 1,385
    In general terms any damage sustained through 'negligence' can be actioned on. True when competing, a heightend level of risk is accepted but does not negate negligence.

    Slightly OT, there seems to be a notion in some sports e.g. football that sporting activities are above the law hence consternation when police have cautioned players for actions which if they were conducted outside a pub would have seen them arrrested.
  • Jack HughesJack Hughes Posts: 1,262
    On a slightly different note, anyone who admits to head down riding should be punished severely. Simply because it might stop them from doing it, before they get killed.

    Meakie - there is no reason to be embarrassed by the situation. His negligence (head down riding) has caused you to be both injured, and for your property to be damaged. However, without insurance, it might be tricky to get anything out of him, so it really depends on how much you are prepared to pursue him.

    Head down riding is a DQ offence in Time Trials (not sure about Tri though).
  • julesojuleso Posts: 279
    I don't suppose you got details of any witnesses.....? I had a crash in the car the other year and the lady was so nice and mortified at the side of the road, but once I claimed on my insurance she was suddenly blaming me. Cue lots of legal shenanigans, which I won in the end, but it was incredibly stressful.
  • shadowone1shadowone1 Posts: 1,408
    Burden of proof in delict law remains with those seeking to gain from it. What you have suffered in secondary ecomomic loss ( I might be wrong, been a while since the law days).

    If the guy is willing to confirm in writing then you're on winner. Alternatively, if witnesses are avail then fine.

    You may also want to check home insurance for legal protection, particulary if the bike is insured via home contents/ bike/ personal belongings. They may be willing to take the case up.

    I would approach the guy in a friendly manner to see if can get something from him, remember he's only liable to cost of a bike of similar kind and quality and with a reduction for general wear and tear. You might fid that you don't get back as much as you would've thought.

    If you want I do a bit of digging but I'd recommend contacting your insurer (if you have one) or approaching the guy and see if he'll make an offer.
  • meakiemeakie Posts: 124
    hey all
    just a quick update on this one, I had a call from the chap who crashed into me yesterday - he was again, very appologetic and has offered to cover the cost of all the repairs to my bike ( phew!) so alls well that ends well.
    He admitted he was on his tri bars when he hit me - had no brakes.. so couldnt prepare in the final millisecond before hitting me- the thought of it still makes me wobble a little!
    But just thought I would let those of you who posted know that its now getting sorted.
    my bruises have gone and I have a few scars but hey, I've been knocked off and I shall get back on. I feel like a pro now!

    thanks all.
    cant wait to get my bike all shiny looking again and get out on it
  • ZacniciZacnici Posts: 1,385
    And the errant chap has turned out to be a gent
  • shadowone1shadowone1 Posts: 1,408
    just another example of how sporting triathlon is.
  • Jack HughesJack Hughes Posts: 1,262
    Marry him!
  • huwdhuwd Posts: 228
    Wonderful news - great to know there are some people around happy to admit error and fix it.
Sign In or Register to comment.