Cyclist without third-party or legal protection pays heavy damages
- By London Cycling Campaign on at 12:00am 21 January 2011
- Posted in: News and blogs
- Tagged with: insurance, membership
A student cyclist who incurred heavy financial damages during a crash would have saved thousands of pounds if he'd been an LCC member.
Gary Morgan was in a collision with an large 4wd car, which he maintains was the motorist's fault. However, without legal representation or third-party cover, he's ended up with a bill for damages for nearly £3000.
Membership officer Matthew Dunton said, "If Gary had been an LCC member, he would have known to call our expert solicitors, Levenes, who would have made his case a priority.
"He might even have won substantial damages against the other party, but even if he hadn't, he would have been insured against claims against him by LCC's third-party cover."
Gary was wrongly advised to represent himself, and lost the case when the judge believed his opponent who was represented by a barrister.
Gary told us his story:
"I was riding to work, when I came upon a bus stuck in traffic. It was right against the curb, so I decided to go around the outside. There was at least three feet between the middle of the road and the bus."
As I manoeuvred around the bus (staying on my side of the road), a car came the opposite way, part of it crossing over the centre of the road in to my lane."
The car's wing mirror hit my right forearm and dragged me in to the back of his 4x4. I cut my head badly, and hurt my arm and shoulder. He was unharmed, though his car had a broken wing mirror and scratched paintwork."
The driver claimed that I was the one on the wrong side of the road, and when the case came to court the judge believed him over me (he had a barrister represent him)."
They said my manoeuvre was too awkward, even though I presented a photo showing there would have been enough space for me to pass."
The car has both the driver's side door and rear passenger doors replaced, which left me with a huge bill for damages."
I'm a student, and I don't have this kind of money."