Cycle vs. car RTA - provision of contact details.

I'm cross-posting this query from a local newsgroup
(southportforums.com) as, being both a cyclist and a car-driver, I'd
be interested in what the legal position is regarding accidents in
which a cyclist causes damage to a car. Does a cyclist have to give
their name and address, allowing the car driver to claim for damages?

"A cyclist hit the side of my new car (it was the cyclists fault), it
cost to me £350 to get fixed. He refused to give me his name and
address - he just got back on his bike and rode away. I went to the
police station and I was told it was a civil matter."

On Sat, 19 Jan 2008 04:47:54 -0800 (PST) someone who may be
wrote this:-

I'm cross-posting this query from a local newsgroup
(southportforums.com) as, being both a cyclist and a car-driver, I'd
be interested in what the legal position is regarding accidents in
which a cyclist causes damage to a car.

Is there anything unclear about Rule 286 of the Highway Code, or the
law it is based on? I rather doubt that this particular law only
applies to motorists. If I was interested enough I could look up the
law to confirm my belief.


--
David Hansen, Edinburgh
I will *always* explain revoked encryption keys, unless RIP prevents me
http://www.opsi.gov.uk/acts/acts2000/00023--e.htm#54

On Jan 19, 1:39*pm, David Hansen
wrote:
On Sat, 19 Jan 2008 04:47:54 -0800 (PST) someone who may be
wrote this:-

I'm cross-posting this query from a local newsgroup
(southportforums.com) as, being both a cyclist and a car-driver, I'd
be interested in what the legal position is regarding accidents in
which a cyclist causes damage to a car.

Is there anything unclear about Rule 286 of the Highway Code, or the
law it is based on? I rather doubt that this particular law only
applies to motorists. If I was interested enough I could look up the
law to confirm my belief.

--
* David Hansen, Edinburgh
*I will *always* explain revoked encryption keys, unless RIP prevents me
*http://www.opsi.gov.uk/acts/acts2000/00023--e.htm#54

I have looked it up - do you think that I'd be asking if I couldn't
find an answer myself?

Highway Code rule 286 cites The Road Traffic Act 1988 (Section 170).
This relates to accidents involving "mechanically propelled
vehicles" / "motor vehicles" and their "drivers" - no mention of pedal
cyclists. I'm still none the wiser.

On 19 Jan, 12:47, wrote:
I'm cross-posting this query from a local newsgroup
(southportforums.com) as, being both a cyclist and a car-driver, I'd
be interested in what the legal position is regarding accidents in
which a cyclist causes damage to a car. Does a cyclist have to give
their name and address, allowing the car driver to claim for damages?

"A cyclist hit the side of my new car (it was the cyclists fault), it
cost to me £350 to get fixed. He refused to give me his name and
address - he just got back on his bike and rode away. I went to the
police station and I was told it was a civil matter."


You'd be better off posting this on the Safespeed forum. There are
serving police officers posting there and people are rather more
friendly. Hansen is about as useful as a chocolate teapot in any case.

On 19 Jan, 14:22, Sir Jeremy wrote:
On 19 Jan, 12:47, wrote:

I'm cross-posting this query from a local newsgroup
(southportforums.com) as, being both a cyclist and a car-driver, I'd
be interested in what the legal position is regarding accidents in
which a cyclist causes damage to a car. Does a cyclist have to give
their name and address, allowing the car driver to claim for damages?

"A cyclist hit the side of my new car (it was the cyclists fault), it
cost to me £350 to get fixed. He refused to give me his name and
address - he just got back on his bike and rode away. I went to the
police station and I was told it was a civil matter."

You'd be better off posting this on the Safespeed forum. There are
serving police officers posting there and people are rather more
friendly. Hansen is about as useful as a chocolate teapot in any case.

"There are serving police officers posting there "

Guffaw. You mean the single most prolific poster "In Gear" who
describes himself variously as a "lawyer/surgeon/vet/copper".

If you seriously believe that muppet's a copper Jezza then I'd like to
talk to you about smuggling £44m out of Nigeria.

wrote:
I'm cross-posting this query from a local newsgroup
(southportforums.com) as, being both a cyclist and a car-driver, I'd
be interested in what the legal position is regarding accidents in
which a cyclist causes damage to a car. Does a cyclist have to give
their name and address, allowing the car driver to claim for damages?

"A cyclist hit the side of my new car (it was the cyclists fault), it
cost to me £350 to get fixed. He refused to give me his name and
address - he just got back on his bike and rode away. I went to the
police station and I was told it was a civil matter."

Same rules as any incident.

If there was no injury, just damage, then its a civil matter. It doesn't
matter if the incident involved a bus, tractor, 4x4, car, cycle,
rollerskate...

The advice from the police station is correct.


Its only a requirement to exchange details (or report to police) in the
event of an injury/death of a person or dog (and a few other animals).



- Nigel


--
Nigel Cliffe,
Webmaster at http://www.2mm.org.uk/

On Sat, 19 Jan 2008, wrote:

Highway Code rule 286 cites The Road Traffic Act 1988 (Section 170).
This relates to accidents involving "mechanically propelled
vehicles" / "motor vehicles" and their "drivers" - no mention of pedal
cyclists. I'm still none the wiser.

If it refers to mechanically propelled vehicles then it does not apply
to cyclists.

regards, Ian SMith
--
|\ /| no .sig
|o o|
|/ \|

On Sat, 19 Jan 2008 15:56:10 -0000, Nigel Cliffe wrote:

Its only a requirement to exchange details (or report to police) in the
event of an injury/death of a person or dog (and a few other animals).

Really?

So when the Road Traffic Act 1988 section 170 says the following,
what, exactly, does it mean?

"170: This section applies in a case where, owing to the presence of a
motor vehicle on a road, an accident occurs by which damage is caused
to a vehicle other than that motor vehicle or a trailer drawn by that
motor vehicle,

"the driver of the motor vehicle must stop and, if required to do
so by any person having reasonable grounds for so requiring, give his
name and address and also the name and address of the owner and the
identification marks of the vehicle.

"If for any reason the driver of the motor vehicle does not give
his name and address under subsection (2) above, he must report the
accident.

"A person who fails to comply with subsection (2) or (3) above is
guilty of an offence."

regards, Ian SMith
--
|\ /| no .sig
|o o|
|/ \|

On Jan 19, 3:56*pm, "Nigel Cliffe" wrote:
Same rules as any incident.

If there was no injury, just damage, then its a civil matter. *It doesn't
matter if the incident involved a bus, tractor, 4x4, car, cycle,
rollerskate...

The advice from the police station is correct.

Its only a requirement to exchange details (or report to police) in the
event of an injury/death of a person or dog (and a few other animals).

- Nigel

--
Nigel Cliffe,
Webmaster athttp://www.2mm.org.uk/

Quoting the Road Traffic Act, I don't that's quite right - even if
there are no injuries but the motor vehicle causes damage to another
"vehicle", fixed roadside property or certain animals then the driver
is legally obliged to offer up his details or report the accident to
the police.


DUTY OF DRIVER TO STOP, REPORT ACCIDENT AND GIVE INFORMATION OR
DOCUMENTS

1) This section applies in a case where, owing to the presence of a
mechanically propelled vehicle on a road, an accident occurs by which
-
(a) personal injury is caused to a person other than the driver of
that mechanically propelled vehicle, or
(b) damage is caused -
(i) to a vehicle other than that mechanically propelled vehicle or a
trailer drawn by that mechanically propelled vehicle, or
(ii) to an animal other than an animal in or on that mechanically
propelled vehicle or a trailer drawn by that mechanically propelled
vehicle, or
(iii) to any other property constructed on, fixed to, growing in or
otherwise forming part of the land on which the road in question is
situated or land adjacent to such land

(2) The driver of the mechanically propelled vehicle must stop and, if
required to do so by any person having reasonable grounds for so
requiring, give his name and address and also the name and address of
the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the mechanically propelled vehicle
does not give his name and address under subsection (2) above, he must
report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is
guilty of an offence.

[snip]

(8) In this section "animal" means horse, cattle, ass, mule, sheep,
pig, goat or dog.



I don't know if there are any other relevant pieces of legislation,
but if this is the only relevant bit then -

1) Car hits cyclist, cyclist is injured - car driver must give his
details to cyclist.
2) Car hits cyclist, cyclist and driver are uninjured but his bike is
damaged - car driver must give his details to cyclist. (assuming that
"vehicle", rather than "motor vehicle", in 1(b)(i) applies to pedal
cycles).
3) Cyclist hits car, cyclist and driver are uninjured, cycle is
undamaged, car is damaged - it seems that there is no obligation for
the cyclist to give his name and address to the driver of the car and
it's a civil matter. Is that right,as it seems a little unfair that in
such a case a cyclist could keep his mouth shut and ride away?

Ian Smith wrote:
On Sat, 19 Jan 2008 15:56:10 -0000, Nigel Cliffe
wrote:

Its only a requirement to exchange details (or report to police) in
the event of an injury/death of a person or dog (and a few other
animals).

Really?

OK, brain fade, got that wrong.


- Nigel



--
Nigel Cliffe,
Webmaster at http://www.2mm.org.uk/