sharkbait Posted November 20, 2013 Share So a cyclist is cycling down a parking lot and a guy in his car reverses out infront of the cyclist, the cyclist had nowhere to go but to hit the car. Ok, back window broken and a small dent on the boot. Two months down the line the cyclist receives a letter from Outsurance to pay R16K + for the damages caused. Reasons: the cyclist was in the wrong as he should have avoided the reversing car. After calling the number on the letter it was said that the driver said he was stationary and the cyclist rode into the back of the vechile. I said but he was reversing out and the laywer said that I have to prove that the vechile was moving. My question is how is this possible to sue the cyclist? To prove that the vechile was moving is out of the question so what remains is for the cyclist to just fork out the money. When has the law changed in favour of the driver? Any advise? Link to comment Share on other sites More sharing options...
VicanZA Posted November 20, 2013 Share speak to a lawyer dont think u gonna get the right advice on the hub! u should of clapped him... GaryvdM, IndianRoadie, wiledog_x and 4 others 7 Link to comment Share on other sites More sharing options...
ScottCM Posted November 20, 2013 Share Just to confirm, you are said cyclist? Link to comment Share on other sites More sharing options...
ScottCM Posted November 20, 2013 Share And who's paying for the damages to the bike? Link to comment Share on other sites More sharing options...
Mojoman Posted November 20, 2013 Share No cameras in the parking lot area/Shop fronts? Link to comment Share on other sites More sharing options...
flat29 Posted November 20, 2013 Share Did you report it to the police and do you have a case number? If you did the go see a lawyer and let them help you Link to comment Share on other sites More sharing options...
Wil6 Posted November 20, 2013 Share Eye witnesses? Your word against his? Link to comment Share on other sites More sharing options...
GBguy Posted November 20, 2013 Share Sharkbait - I'm not a lawyer, and you may get a very different answer from one. However... To me this is typical insurance company bullying tactics. Their first course of action is to send an invoice to the other guy (the one who is not their client) and see if he pays.  If I were in your shoes, I'd ignore it completely. One of two things will happen. Either you will never hear from them again, or you will be summonsed (after a bunch of threatening letters) to appear in court. When you do, after he has finished laughing, the magistrate will say he finds it difficult to imagine a cyclist deliberately riding into a stationary vehicle, and also it boils down to your word against the other guy, so stop wasting the court's time. The_black_stig, ValeYellow, raptor-22 and 28 others 31 Link to comment Share on other sites More sharing options...
Blackbeard Posted November 20, 2013 Share Lawyers' letters have no special legal value. They serve merely to generate fees and to frighten the uninformed. johannrissik, TopFuel, Big Wheel Cycles and 17 others 20 Link to comment Share on other sites More sharing options...
gummibear Posted November 20, 2013 Share No cameras in the parking lot area/Shop fronts? Pretty sure there must be a camera somewhere.Problem.....is the footage still available? Link to comment Share on other sites More sharing options...
atilla Posted November 20, 2013 Share Sharkbait - Outsurance is sueing you for damages, thus they are the Plaintiff in the matter, thus the onus of proof (and to begin) rests on their shoulders. You dont have to proof that their vehehicle was moving. We can take this to pm if you want me to assist you furter. Hairy, RichieT, Warren_G and 30 others 33 Link to comment Share on other sites More sharing options...
awesme Posted November 20, 2013 Share hehehe with costs of today's bikes in consideration, counter sue the guy, say he was reversing, into Cyclist path, without looking, you claiming damages to your bike. and with the cost of bikes today, that can easily be R30K plus. G wiledog_x, IndianRoadie and atilla 3 Link to comment Share on other sites More sharing options...
sharkbait Posted November 20, 2013 Share Just to confirm, you are said cyclist? Nope - family Link to comment Share on other sites More sharing options...
Steven Knoetze (sk27) Posted November 20, 2013 Share I'm sorry but my logic says that he must then prove that you were moving and that it wasn't him that just drove into you when he reversed without looking.I would take it further, besides bicycle hits car and it's R16K damage, whatever!!! Link to comment Share on other sites More sharing options...
Falco Posted November 20, 2013 Share Don't ignore the claim. Write them a letter explaining the real version of what happened, and make it clear that you do not consider yourself to be at fault, and that you will defend any action that they institute. Unless they are very sure they can prove otherwise (with witnesses), they won't summons you. Cuppa Bru, carbon29er, AlsDad and 6 others 9 Link to comment Share on other sites More sharing options...
DIPSLICK Posted November 20, 2013 Share Don't ignore the claim. Write them a letter explaining the real version of what happened, and make it clear that you do not consider yourself to be at fault, and that you will defend any action that they institute. Unless they are very sure they can prove otherwise (with witnesses), they won't summons you.sounds like solid advice, Ryan's dad, Soufflé, Steven Knoetze (sk27) and 1 other 4 Link to comment Share on other sites More sharing options...
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