Car parking close to the kerb by the traffic light s

General cycling advice ( NOT technical ! )
gulnara_d
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Car parking close to the kerb by the traffic light s

Post by gulnara_d »

This is what happened to me, this evening.

Around 6 pm pick time. I’m cycling as usually (never had an accident in 10 years). I almost approach the traffic lights. A car stopped close to the kerb as the traffic light is RED. I see it is ok for me to pass so I go ahead with cycling to reach the traffic lights. At this time traffic light is still RED so all the cars waiting for the traffic light to change. I pass the car fine without touching it with my bike up until the right handle of my bike touches the left mirror of the car and smash... mirror breaks. I always cycle safe, wear a helmet and have lights. If I had not kept the bike bar straight I would loose my control so I would fall off the bike. If I had leaned the weight of the bike to the left (towards the kerb especially considering I was cycling slow I believe I would loose my balance and fall off the bike. I never put my left foot down when I am waiting at the traffic lights as I simply can’t, so I always use my right foot down or push the bike forward with my right foot. However in this situation when I got very close to mirror of the car there was NO space on the right side between me and the car in order for me to be able to put my right foot down for the balance. It was just a reflex so I just cycled without thinking that the handle bars would touch the mirror. I actually believe the tip/front of the car was also parked a bit closer to the kerb than the rest of the car and this is why there was not enough space for me to pass. So, car mirror broke, I stopped and waited for the driver to come out.
The driver, male, came out of his car in anger as I could see. I simply said to him the space he left was not sufficient and as I heard him raising his voice I simply decided to deal with it later. I was on my way to school to pick my son up, where I leave my bike overnight. I immediately gave my number, emailed him the copy of my passport and the front page of bank statement with my address (have it on my phone for work contract purposes. The guy tried to shout and demand for money. I simply asked him to calm down and advised him to make a claim.
Now my question is, where do I stand? As much as I think I stand a good chance and he would be in fault as he didn’t give enough space.
I would appreciate your input. My problem is that as I was in a panick I forgot to take a picture of his car close to the kerb and I have later checked there is no camera directly facing where the incident took place. Thank you for reading.
Vorpal
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Re: Car parking close to the kerb by the traffic light s

Post by Vorpal »

Welcome to the forum. Sorry to read about the incident.

Was the car in a cycle lane?

Are you insured? Maybe under home and contents? Or with a cycling organisation? If so, I recommend calling your insurance, and explaining everything to them. They can sort it out with the driver's insurance company.
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Cunobelin
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Re: Car parking close to the kerb by the traffic light s

Post by Cunobelin »

I must admit I find that in the same way as the "Primary" works and is necessary then driving close to the kerb works and is necessary for drivers in some circumstances..

There is one junction on my commute where I turn left. The number of times cyclists will come up the inside as you turn is enough to be of concern.

Driving close to the kerb stops this poor cycling behaviour and prevents injury.
richardfm
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Re: Car parking close to the kerb by the traffic light s

Post by richardfm »

You cycle between a stopped car and the kerb when there is insufficient space, hit the car, damage it and then try to claim it's the car driver's fault?
Get real, it's your fault. Ask the driver for a quote for getting his mirror fixed and then pay up.
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NATURAL ANKLING
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Re: Car parking close to the kerb by the traffic light s

Post by NATURAL ANKLING »

Hi,
Overtaking on the inside in a single lane never!

Even if the car purposely moves over for you to do that, its illegal except for I think two circumstances, and the same rules apply to you as do a car.

Even in a cycle lane especially if its narrow I proceed slowly only.
Car turning right, then proceed slowly if there is safe room.
Two lanes and traffic is slow moving and you just keep up.
As a cyclist use extreme caution.
I no longer overtake stationary traffic even electing to use a pavement when traffic is slow / stopped, if its safer to do so, because of width of road.
Overtaking stationary traffic is ok but riles some stuck motorist, so I no longer do it.
Corrected- its not illegal but you can be punished if it goes wrong.

https://www.rac.co.uk/drive/advice/legal/undertaking/

"I immediately gave my number, emailed him the copy of my passport and the front page of bank statement with my address (have it on my phone for work contract purposes. The guy tried to shout and demand for money. I simply asked him to calm down and advised him to make a claim. "


Don't ever give personal details to joe public!
Telephone number would be o.
And no one can demand money with menace, caught that on camera and the police would be on their back pronto.

You are at fault I believe, If you have contact details, suggest an apology from the driver for attitude then proceed with insurance etc.


Its not a windup is it, I had to ask.
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eileithyia
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Re: Car parking close to the kerb by the traffic light s

Post by eileithyia »

Inclined to agree with others, cycling up the inside of a narrow space between car and kerb; a you misjudged the distance and hit his mirror causing damage... so at fault. b. you are lucky no one was trying to exit the vehicle... does happen.
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NATURAL ANKLING
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Re: Car parking close to the kerb by the traffic light s

Post by NATURAL ANKLING »

Hi,
eileithyia wrote:Inclined to agree with others, cycling up the inside of a narrow space between car and kerb; a you misjudged the distance and hit his mirror causing damage... so at fault. b. you are lucky no one was trying to exit the vehicle... does happen.

That's when I stopped doing it coming home from school at traffic lights.................door missed my hand by mm's.
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meic
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Re: Car parking close to the kerb by the traffic light s

Post by meic »

But if the damage had been caused by somebody trying to exit the vehicle it would then be the driver who was liable rather than, as appears to be the case here, the cyclist being liable.

For what actually did happen the cost of the liability is something that would need to be haggled over.
If you have insurance which covers it then just pass everything over to the insurers, relax and forget it. That includes the insurance that comes with Cycling UK membership.
If you are not insured you dont have to just pay out whatever the driver asks for, you can make a counter offer. In the end the driver (or their insurer) would need a court to enforce any payment, that court will listen to both sides of the story. So if they try and rip you off, the court can stop them and if you dont offer to pay what is justified the court can force you. But only the court can force you.
Unfortunately the prospect of hassle and expense of even a small claims court case can make one side or another accept an unfair settlement (or just dropping it altogether) as being an easier option.

You seem to feel that the car shares some of the liability due to their road positioning and you are free to present that argument at a small claims court case. I share the general consensus on this thread (we are not in any way legally qualified) that it would be rejected.
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eileithyia
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Re: Car parking close to the kerb by the traffic light s

Post by eileithyia »

I am also a little confused by the term 'parking'.If the car was 'parked' then why would you even consider going down the inside. If the vehicle is just in the line of traffic waiting for the lights to change before continuing, then it is not actually 'parked' but just waiting same as any other vehicle including yourself.
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pete75
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Re: Car parking close to the kerb by the traffic light s

Post by pete75 »

If it's just teh glass that's broken replacements are available for most common cars at under a tenner on ebay. Fitting is quick and easy.
'Give me my bike, a bit of sunshine - and a stop-off for a lunchtime pint - and I'm a happy man.' - Reg Baker
Cyril Haearn
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Re: Car stopping close to the kerb by the traffic light s

Post by Cyril Haearn »

You mean stopping, just for a moment, not parking ?
Last edited by Cyril Haearn on 13 Oct 2018, 9:22am, edited 1 time in total.
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Cyril Haearn
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Re: Car parking close to the kerb by the traffic light s

Post by Cyril Haearn »

pete75 wrote:If it's just teh glass that's broken replacements are available for most common cars at under a tenner on ebay. Fitting is quick and easy.

Even modern ones with an electric motor for adjustment, heating, indicator light? I would not like to try to fit one of those
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thirdcrank
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Re: Car parking close to the kerb by the traffic light s

Post by thirdcrank »

If you take this to the basics, your account suggests you have crashed into a car which was stationary at traffic lights. From your account, it's hard to see that anyone else carries any blame.

If you need legal advice go to a solicitor. At a more practical level, prepare to receive a bill for at least the replacement of the glass. Keep your fingers crossed that it's not a complete mirror with built-in heater, indicator etc. If you have any third party insurance, let the insurer know what's happened.

When the bill comes, you can haggle, especially if the driver decides to negotiate directly with you but if it's an insurance company, they'll pursue you for the whole cost.
====================================================================
The relevant account might be something like this:

As I approached traffic lights which were at red, there was a car stationary at the lights and I judged there was sufficient space to pass it on its nearside. Unfortunately, I had misjudged the space and when I reached it the right-hand end of my handlebar hit the car's door mirror causing damage. I'm not sure of the amount of damage as I did not take a photograph.
pete75
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Re: Car parking close to the kerb by the traffic light s

Post by pete75 »

Cyril Haearn wrote:
pete75 wrote:If it's just teh glass that's broken replacements are available for most common cars at under a tenner on ebay. Fitting is quick and easy.

Even modern ones with an electric motor for adjustment, heating, indicator light? I would not like to try to fit one of those


I've done it on a modern one like you describe that's how I know it's quick and easy. All you're doing is replacing the glass.
'Give me my bike, a bit of sunshine - and a stop-off for a lunchtime pint - and I'm a happy man.' - Reg Baker
rmurphy195
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Re: Car parking close to the kerb by the traffic light s

Post by rmurphy195 »

pete75 wrote:If it's just teh glass that's broken replacements are available for most common cars at under a tenner on ebay. Fitting is quick and easy.


Yup, these stick onto the broken glass with adhesive.

HOWEVER if its a heated mirror then it won't operate as well, because of the extra thickness of the glass and the adhesive pad acting like an insulator. So if you are relying on your heated mirror to demist, it might not work and would be only a temporary fix to make the vehicle legal.

So while the breaker of the mirror might say "I'll give you a tenner mate, you can get the bits from Halfords" the owner of the vehicle might give a less than polite response.
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