[cottonbud10]

what a day,,working on busy main road no where to park,had to park on path of 2 car wide,got all stuff out of van ,put cone out by hose and started doing house,as i finished a girl of about 19-20 came along path on a bike went over hose and then about 20-30 ft after hose got a bit of wheel wobble, lost control then over she went,i asked if she was o.k she said yes,i asked her if going over the hose caused her to loose control,she said no,she picked herself up and went on her way,,,some time later as i was working a little further down the road,some guy comes along on the said bike and starts taking photo,s of the van,i asked him what he was doing and he said a girl from his office along the road has just come off her bike due to me,and she,s in a bad way as she has hurt her hand and damaged her phone,he then asked me if i had insurance and do i have a card,,,,whys that i said...oh just in case we have to get hold of you,,,i told him i have insurance but refused to give my details as the girl said she was o.k and the fall was not my fault....question is was it my fault...what more could i have done...cone out as warning..also why was the girl on the path going like a bat out of hell in the first place,,she could have knocked over a child or old person...your views please....thanks   kev

[HandsomeCleaning]

http://www.bikeforall.net/content/cycling_and_the_law.php

I was pretty sure its technially against the law to ride your bike on the pavement, just googled it, there's loads of results, thats just one of the top ones. She's breaking the law riding on the pavement so I really doubt she has a leg to stand on trying to get anything out of you.

[cottonbud10]

thanks handsome

[GWCS]

You better check with your insurers just in case.

If she does claim - your insurers may even settle before it got to court to keep costs down regardless if she was breaking the law (thats a civil case btw - not for your insurers to get involved in) - and yes it would be classed as your fault if they did that!

Unless you requested they did not settle or act on your behalf and you got a lawer to act on your behalf..

May even be a case of split liability (50-50) - and will still be seen as your fault regarding your no claims and premiums..

Oh and dont forget she may even get someone to act as a witness!


Will be interesting to see if anyone else has experiences of this, i can see a number of cases happening from wfp hoses being laid out and a trip /slip hazard claims.. its just too easy!

[simon knight]

It's not technically against the law to ride on the pavement. It's totally against the law and where I live it's up to a £1000 fine!

And you were absolutely right not to give your insurance details as that would be seen as accepting liability.

But GWCS is right: You'd be as well to give your insurance company a ring and put them in the picture...just in case!

[SherwoodCleaningSe]

Have you got a risk assessment for the property, if not might be an idea to put one on paper pronto.  I would say the van being parked on the path would be more of a problem than a hose which is coned.  But she should not have been riding the bike on the path in the first place. 

Simon.

[ccmids]

dont worry mate sounds like the bloke taking photo,s just trying to be smart infront of her , it cost to take some one to court ,

[windowswashed]

Doesn't hurt to have a risk assesment and method statement for the property worked upon prepared for your insurer just in case. Have you checked that the path isn't signposted as a cycle path further down the road at the junction? If you were parked half on the pavement and half on the road you are also breaking the law. If I were you I would inform your insurance company of your situation.

When I clean in busy town centres early morning the police are aware of me parking half on pavements and half off. They turn a blind eye providing I leave plenty of room for wheelchair users and don't become a nuisance parking somewhere that causes an obstruction to other road users. They are content that I leave out heavy duty trailing hose warning signs where appropiate and use heavy weight bollards as well, wear hi visibility vests/jackets, (hard hat on building sites). I use to cover trailing hose with a small ramp for wheelchair users but this presented a problem in itself as it too became an obstacle.

Moral of this story is that you never know when an accident will occur but preventative measures minimise risks.

[cottonbud10]

thanks windowswashed,just to clarriefy,i was parked on the path and not half path half road,and as said the path was about 2 cars wide so people  and scoters can pass with ease,it is a worry,because in this climate we live in, there are always the ambulance chasers about ready to get something out of someone,the worrying thing is that one more than one occaction i have been round the back of a property and when i came back round the front someone has moved my cone to the kerb,,,i guess they regarded it an obstruction in the middle of the path how can we win

[windowswashed]

I try to avoid cleaning around schools near opening and closing time as the schoolkids have run off with bollards before in the past. Trouble is if you don't leave hazzard signs, you leave yourself vulnerable to claims.

[simon knight]

I try to avoid cleaning around schools near opening and closing time as the schoolkids have run off with bollards before in the past.

Don't you just love 'em?....little s##ts

[AuRavelling79]

It is deffo against the law to cycle on the pavement unless it is a designated cyclepath or shared use path - little blue signs up on lamp posts and/or pictures of a bike on the ground.

Did you have a hazard cone out as well?

Take your photo's of the scene and mark where she fell, record the conversation - especially where she didn't come off until 20/30ft afterwards and if she was cycling like a bat out of hell then she would have been cycling "furiously" which is worse again.

I go on a cycling forum www.bikeradar.co.uk and I'll ask the question of them cuz they're a bit middle class and have solicitors and coppers on board!

[wightsurf]

Because of the distance from hitting the hose to falling of you can also work out the speed the bike was travelling at. Add this to ridding on a path might be enough to make them back down. Say that she nearly killed you and that you strained your back whilst diving out the way of this bike. 

[matt]

was the accident caused by your hose ? ? ? ?

it doesnt matter if she was riding the bike on the pavement whilst naked , eating a pie, drink a pint of vodka and talking on her mobile phone

now she will claim your hose caused it, sounds as if she got into work and some1 said " nice bit of compo coming your way " and she can see a holiday in the sun

a hose across a pavement is and allways will be asking for trouble, it is a trip hazard

[tacky]

us ladder boys dont have that prob ( only kidding guys im trad n wfp )

[[GQC] Tim]

lol what a noob, people like that should be forbidden to ride a bike!

There is no way she could have lost balance from your hose, especially not since she was so far away when the wobble started. It's like dropping dead because a car passed by you within 10 ft. Not possible.

[P @ F]

JUST ADVICE , Please let your insurance know of the incident , the same just happened to me with an RTA , local bus company decided to launch a claim on me 9 months after the incident , as a result i have lost 7 years no claims and had to pay an extra £335 on my premium , pending the out come of the case !
I will get refund of money and no claims reinstated if i am foun not at fault , but im not holding my breath on it ,
And all because he decided to push his luck after the bus lane ended !

 Shoot em all i say 

 RICH p @f 

[GWCS]

JUST ADVICE , Please let your insurance know of the incident , the same just happened to me with an RTA , local bus company decided to launch a claim on me 9 months after the incident , as a result i have lost 7 years no claims and had to pay an extra £335 on my premium , pending the out come of the case !
I will get refund of money and no claims reinstated if i am foun not at fault , but im not holding my breath on it ,
And all because he decided to push his luck after the bus lane ended !

 Shoot em all i say 

 RICH p @f 

as i said earlier, unless there are witnesses or videos it will go to a 50/50 or similar (split decision) which will still be your fault regarding no claims, premiums. I doubt it will go to court BUT who ever has the best defence will probably push it as far as possible before court, and perhaps to save money they may settle.

Seen it so many times when i was in the insurance industry.

[chris@c.m.s]

So she was cycling along the pavement one handed talking on her mobile went over your hose safely, then looked back to see what you was up to and fell off, not surprising really is it  play them at their own game   

[d s windowcleaning]

i phoned claims direct up and said i had been on the pavement on my cycle and came off due to a hose being stretched across it being used by a window cleaner , i made up a couple of injurys and they are willing to take the matter on give any claim company a try and they WILL take this matter on .
WHERE THERES BLAIM THERES A CLAIM .
WHERE THERES PAIN THERES A CLAIM .