Mint 5 week old S3....no longer mint.... :(

[woollyjoe]

when did i say contibutory negligence applied in this case? I made the point of being hypothetical but argue away. Disagreeing with my understanding of contributiry negligence also after my comment that "it's complicated"?

My point is that bus driver "may" be at fault rather than cyclist something you repeat. My actual intention was maybe the OP could have got details of bus driver - they have cameras.

I made no assumptions to this situation. I simply posed situations the OP could consider and that there appeared to me to be some quick judgements of the cyclist in the absence of details.

You asked for some case law- as i do read this stuff and used to study it- someone got taken to court for criminal prosecution for performing an emergency stop. It was captured on dashcam. Even though the distance was not adgered to.

 

[woollyjoe]

I should have said the insurance company reported it to Police first after refusing to accept liability suspecting it was done on purpose.

Prosecutor says 'At some stage this defendant slammed on in what appeared to be an emergency stop. There appeared to be absolutely no reason or justification for that happening.'

 

[Tfsi gone]

If it was this nugget I would definitely take the insurance hit and pay for it myself..

 

[WetFishDB]

I should have said the insurance company reported it to Police first after refusing to accept liability suspecting it was done on purpose.

Prosecutor says 'At some stage this defendant slammed on in what appeared to be an emergency stop. There appeared to be absolutely no reason or justification for that happening.'

Right, so slamming brakes for no reason (which I agree is contributory) but which isn't the case here, so what's the relevance of mentioning contributory negligence? This driver, in so far as we are aware, has done nothing contributory.

I'm sorry you find it so complicated.

Ps, saying "someone" got taken to court isn't exactly a clear precidense, although I agree the example sounds like a valid case of contributory.

Hypothetically, if the bus driver had taken evasive action to avoid godzilla's foot, then Godzilla could have been negligent too - although, then it gets really complicated because what if Godzilla was fighting an Kaiju? Interesting, but hardly relevant.

 

[thebluefox]

Wow!

In my case, this is what happened;

Travelling north on Saffron Lane, there were 2 (single decker at the rear, with a double decker in front) busses stopped at this bus stop;

https://www.google.co.uk/maps/@52.6004119,-1.1411196,118m/data=!3m1!1e3

The bus stop is actually under the tree, you can see the lines of the stop on the road.

The line of traffic I was following was overtaking the 2 buses. Given that (perhaps ironically) I'm a fairly cautious driver in these kinds of situations (a lot of traffic, parked cars either side of the road and in rush hour) I had left a far distance between myself and the car in front. As the car in front passed the single decker bus by using the right hand filter lane, it indicated and started to pull out around the double decker bus parked in front.

I therefore stopped. It wasn't an emergency stop - it was a firm but safe stop given the distance between the bus and the hazards didn't come on (so it wasn't that quick of a stop).

I'd not previously overtaken the cyclist, so can only presume he'd come up the inside of the line of traffic behind and had then moved into the centre of the lane behind me ready to over take the bus. The car behind, a white A4 FWIW, was at the usual distance you'd expect someone to be driving in that kind of traffic, so I would say that the cyclist is at fault given that there was never going to be enough stopping distance for him to be between me and the A4.



@woollyjoe - To touch on your comment about my accident years ago being the dog owners fault. I explained the situation exactly as it happened to my insurance co and they paid up straight away. If they thought for a second that it may be the dog owners fault and compensation could come from them then they'd have tried to play it out that way. They didn't, because it was my fault.

 

[thebluefox]

So some news on this one.

Got a range of quotes, and cyclist agreed to pay the 2nd cheapest at just under £800. I've since spoken to my preferred repairer (Audi approved) and we've got the cost down to just over £900 so I'm happy to cover the difference.

Thoroughly relieved with the outcome. Cyclist was excellent about the whole thing tbf, he's in fact a pretty nice chap.

So non-mint S3 will be mint again soon!

 

[WetFishDB]

So some news on this one.

Got a range of quotes, and cyclist agreed to pay the 2nd cheapest at just under £800. I've since spoken to my preferred repairer (Audi approved) and we've got the cost down to just over £900 so I'm happy to cover the difference.

Thoroughly relieved with the outcome. Cyclist was excellent about the whole thing tbf, he's in fact a pretty nice chap.

So non-mint S3 will be mint again soon!

Awesome news. Pleased it all worked out for you.

 

[Simon L]

So some news on this one.

Got a range of quotes, and cyclist agreed to pay the 2nd cheapest at just under £800. I've since spoken to my preferred repairer (Audi approved) and we've got the cost down to just over £900 so I'm happy to cover the difference.

Thoroughly relieved with the outcome. Cyclist was excellent about the whole thing tbf, he's in fact a pretty nice chap.

So non-mint S3 will be mint again soon!

Great stuff mate, and nice to know there are still some decent folk around

 

[Eliot Ness]

So some news on this one.

Got a range of quotes, and cyclist agreed to pay the 2nd cheapest at just under £800. I've since spoken to my preferred repairer (Audi approved) and we've got the cost down to just over £900 so I'm happy to cover the difference.

Thoroughly relieved with the outcome. Cyclist was excellent about the whole thing tbf, he's in fact a pretty nice chap.

So non-mint S3 will be mint again soon!

Seems all ends well.... do you know if the cyclist will be covered by his own insurrance ?

If it was this nugget I would definitely take the insurance hit and pay for it myself..

OMG, must hurt just a bit...

 

[Tej13]

So some news on this one.

Got a range of quotes, and cyclist agreed to pay the 2nd cheapest at just under £800. I've since spoken to my preferred repairer (Audi approved) and we've got the cost down to just over £900 so I'm happy to cover the difference.

Thoroughly relieved with the outcome. Cyclist was excellent about the whole thing tbf, he's in fact a pretty nice chap.

So non-mint S3 will be mint again soon!

Excellent news!

 

[Vertigo1]

Say what? yes the Bus pulled out in front of the Audi causing him to have to stop quickly - but any vehicle, motor or otherwise, should observe the necessary stopping distance. The cyclist failed to do so, and therefore is liable.

This - any vehicle should leave enough space to the vehicle in front to react and stop safely in an emergency. Of course if the bus pulled out without any warning then he could technically be liable if the OP hadn't been able to stop but the cyclist has no excuse (nor would any following car) - if you can't stop in time then you were too close and/or not paying attention.

At least this particular cyclist sounds like a decent chap - far too often they're involved in an accident, cause damage and just cycle off as quickly as they can, usually up pavements and footpaths so you can't follow them. There are plenty of decent, responsible cyclists around but I'm afraid the fact so many drivers curse cyclists in general is down to the number of them who act like they own the road.