Bailer twine across road to guide cows - I hit it !.. Advice pls

General cycling advice ( NOT technical ! )
Lox
Posts: 20
Joined: 26 Aug 2020, 8:59pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Lox » 27 Aug 2020, 3:01pm

Compensation is to fix my bike and replace my clothes as I wouldn't accept his half offer, plus day off work today as my body aches all over and my knee really hurts when I bend it. As I said how can I trust he will evan pay half once I have it fixed, also he doesn't want to contribute to anything else only the brake repair replace. You say they will ask for 50/50 as I understand it is iligal to put anything across the road as it endangers life so how is that half my fault. I'm not doing it for monitory gain just to ensure my stuff is replaced, I gave them the chance to do the right thing. I will inform the police also as I don't want this to happen to anyone else hopefully he will then get correct hi Vis signs to warn people of dangers. Thanks for everyone's input

pwa
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Joined: 2 Oct 2011, 8:55pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby pwa » 27 Aug 2020, 3:21pm

This was on a public road?

Did you gather evidence? That could be useful. You may need some legal redress and any evidence you can get will add to your case.

Of course it is not acceptable to drape twine across a public road. It is a daft thing to do.

simonhill
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Location: Essex

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby simonhill » 27 Aug 2020, 3:33pm

If you want to pursue, I would report it to the police asap. The longer you leave it, the weaker your case.

iandusud
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Joined: 26 Mar 2018, 1:35pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby iandusud » 27 Aug 2020, 3:41pm

Lox wrote:Compensation is to fix my bike and replace my clothes as I wouldn't accept his half offer, plus day off work today as my body aches all over and my knee really hurts when I bend it. As I said how can I trust he will evan pay half once I have it fixed, also he doesn't want to contribute to anything else only the brake repair replace. You say they will ask for 50/50 as I understand it is iligal to put anything across the road as it endangers life so how is that half my fault. I'm not doing it for monitory gain just to ensure my stuff is replaced, I gave them the chance to do the right thing. I will inform the police also as I don't want this to happen to anyone else hopefully he will then get correct hi Vis signs to warn people of dangers. Thanks for everyone's input

Once again I will say that Lox is absolutely right to pursue this. Let me state here and now that I am totally opposed to the litigation culture that prevails with regards to accidents. But this was not simply an accident, it was the result of negligence and the cost to the victim is much more than the cost of repair of replacement of material goods. He has suffered trauma, both physical and mental and and had the farmer done the decent thing in the first place he probably would have settled for having his bike fixed and damaged clothing replaced. The consequences of the farmer's negligence could have been far worse.

Bonefishblues
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Location: Near Bicester Oxon

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 27 Aug 2020, 3:49pm

Lox wrote:Compensation is to fix my bike and replace my clothes as I wouldn't accept his half offer, plus day off work today as my body aches all over and my knee really hurts when I bend it. As I said how can I trust he will evan pay half once I have it fixed, also he doesn't want to contribute to anything else only the brake repair replace. You say they will ask for 50/50 as I understand it is iligal to put anything across the road as it endangers life so how is that half my fault. I'm not doing it for monitory gain just to ensure my stuff is replaced, I gave them the chance to do the right thing. I will inform the police also as I don't want this to happen to anyone else hopefully he will then get correct hi Vis signs to warn people of dangers. Thanks for everyone's input

Let's say a car had run into this.

Everyone, but everyone on here would be saying the car was going too fast for the conditions, notwithstanding that the farmer had done something wrong (that he's done thousands of times before - and is it the first time you've ridden down here on your way to work on an early shift, hadn't you noticed this before?)

There are always two perspectives, which will be played out in litigation.

That's what I'm saying.

Lox
Posts: 20
Joined: 26 Aug 2020, 8:59pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Lox » 27 Aug 2020, 3:54pm

No been doing this ride since march never noticed/hit it before, if a car hit it would just snap

Cowsham
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Cowsham » 27 Aug 2020, 3:58pm

If I'd been that farmer I'd have paid the £300 but now he'll have a bigger headache if you go to the police -- let him know that's what's for happening now see what the score is.

slowster
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Joined: 7 Jul 2017, 10:37am

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby slowster » 27 Aug 2020, 3:58pm

If you use no win no fee solicitors, I suspect their fee would be more than the 50% the farmer has offered. The fact that the solicitors would be willing to undertake the case on a no win no fee basis indicates that in their professional opinion you would be likely to win.

It would make more sense to make the claim yourself. The fee for a claim up to £500 is only £35, and there is plenty of online guidance on how to proceed.

Bonefishblues wrote:BTW, any decent lawyers on behalf of NFU Mutual (who most farmers will be with) will point to your contributory negligence (aka 'your fault' in the farmer's wife's terms) and suggest that both parties go 50-50 here.

For such a small claim, it would almost certainly be handled in house by NFU Mutual's own claims staff. The relevant pre-action protocols would require them to reply very promptly to the OP with any grounds that they propose to rely on to defend the claim, including any grounds for contributory neglience. I don't think a single small white piece of non-reflective plastic tied to twine stretched across the whole road on an unlit road in the dark would be anywhere near sufficient for contributory negligence to to be accepted by the court, and personally I would not accept an offer based on 50% contributory negligence. If that were to happen, I suspect it would be little more than an initial negotiating position, and that once rejected the insurer would back down and accept 100% liability rather than incur the costs of it going to court and having to appoint a solicitor or send an employee to defend the case.

simonhill wrote:If you want to pursue, I would report it to the police asap. The longer you leave it, the weaker your case.

Not so. The police's only interest is in the potential criminal offence of placing a dangerous hazard on the highway. I doubt they would prosecute, but resources permitting they might send a PC to get the farmer's side of the story, and maybe advise him if they considered it dangerous or an offence. The OP is not required to report it to the police to make a civil claim for compensation, but it would be best if he did so in the interest of other road users who might be similarly injured or worse if the farmer simply carries on as before.
Last edited by slowster on 27 Aug 2020, 4:02pm, edited 1 time in total.

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NATURAL ANKLING
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby NATURAL ANKLING » 27 Aug 2020, 3:59pm

He,
Cowsham wrote:Where were the rest of his family when he needed someone to help him guide the cattle? Why do they feel justified saying you should pay half for the farm being entirely at fault ?

That camera's getting ordered tonight! Farmers seem to make a habit of promising one thing and doing the complete opposite. I've only known one decent one who was fortunately insured when one of his cows stepped out onto the road in front of my car and did £2000 of damage. He did want the cheapest of 3 quotes which was a load of hassle to get but the insurance paid out OK.

Unless under a lease or rented, I was always led to believe that its your prerogative as to where it is repaired!
Not anyone else's.
NA Thinks Just End 2 End Return + Bivvy
You'll Still Find Me At The Top Of A Hill
Please forgive the poor Grammar I blame it on my mobile and phat thinkers.

Bonefishblues
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 27 Aug 2020, 4:04pm

Lox wrote:No been doing this ride since march never noticed/hit it before, if a car hit it would just snap

So as a much more vulnerable road user you were riding in part light beyond your ability to see and stop then (20 mph, IIRC?) Notwithstanding that the farmer did the wrong thing, one has a duty to take care, too.

As I say, two perspectives.

slowster
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby slowster » 27 Aug 2020, 4:05pm

NATURAL ANKLING wrote:I was always led to believe that its your prerogative as to where it is repaired!

It is, but if you want to use the repairer that supplied the most expensive estimate, then you pay the difference between that and the lowest estimate.

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NATURAL ANKLING
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby NATURAL ANKLING » 27 Aug 2020, 4:44pm

Hi,
slowster wrote:
NATURAL ANKLING wrote:I was always led to believe that its your prerogative as to where it is repaired!

It is, but if you want to use the repairer that supplied the most expensive estimate, then you pay the difference between that and the lowest estimate.

My last case I went with the most expensive and the vehicle was BER'ed by insurance.
The inspector said............not the cheapest quote :P
I bought vehicle back for salvage value and spent a few hours straightening the rear panel (tied a rope to the panel and pulled out with my other car), two second hand lights £10 and roadworthy again :)
Maybe things have changed some since the 80's?
So are you saying that today if its not the cheapest you pay difference? (how many quotes do you need today?)
So the cheapest might be a bum job and if you go higher you pay :?
If its an approved repairer you use, then some way someone goes looking for a cheaper quote to subtract if you use a middle of the road repairer?
I think maybe you need just one quote at the place of your choice, well I am guessing as not needed a car repairer for 35 years at least.
I did two repairs my self and bought car from insurers and continued to drive..............no three, some one drove into camper and I just submitted my quote to repair.
NA Thinks Just End 2 End Return + Bivvy
You'll Still Find Me At The Top Of A Hill
Please forgive the poor Grammar I blame it on my mobile and phat thinkers.

alexnharvey
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby alexnharvey » 27 Aug 2020, 5:19pm

Bonefishblues wrote:
Lox wrote:No been doing this ride since march never noticed/hit it before, if a car hit it would just snap

So as a much more vulnerable road user you were riding in part light beyond your ability to see and stop then (20 mph, IIRC?) Notwithstanding that the farmer did the wrong thing, one has a duty to take care, too.

As I say, two perspectives.

<< EDIT : Graham : Unacceptable comment removed >>

tk72tk
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby tk72tk » 27 Aug 2020, 5:28pm

Do you have his mobile number? If so you could message the quotes and ask him about paying. If he says he is paying half you will have admission of what he has done, and presume he would be liable for all costs as he can't do what he did. Sorry if someone has already said this, it's a long thread and I may have missed it.

Bonefishblues
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 27 Aug 2020, 5:37pm

alexnharvey wrote:
Bonefishblues wrote:
Lox wrote:No been doing this ride since march never noticed/hit it before, if a car hit it would just snap

So as a much more vulnerable road user you were riding in part light beyond your ability to see and stop then (20 mph, IIRC?) Notwithstanding that the farmer did the wrong thing, one has a duty to take care, too.

As I say, two perspectives.


One of those perspectives is << SNIP >> being contrary.

OP's being egged on to go to law here FGS - he's signing up with a no win no fee lawyer. Over £300. Sometimes someone needs to present an alternative view.

Others might simply sit on the sidelines and call childish names.
Last edited by Graham on 27 Aug 2020, 8:29pm, edited 1 time in total.
Reason: carry over edit in quotation