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Big rise reported in cyclists seeking insurance after pedestrian collision legal case

Potential costs running into tens of thousands of pounds sees riders seek cover

A court case in which a cyclist was held partly liable for a collision with a pedestrian who was crossing the road looking at her mobile phone has led to soaring demand for third party liability insurance among bike riders, The Sunday Times reports.

Robert Hazeldean and Gemma Brushett were both knocked out when they collided in the City of London in July 2015.

> Cyclist found partly liable for crash with pedestrian who was looking at her mobile phone as she stepped into road

Earlier this month, a judge awarded Brushett, who sustained a minor head injury and memory loss, damages of £4,172, holding her 50 per cent responsible for the crash.

However, Hazeldean, who did not enter a counter-claim and was uninsured, could also have to pay up to £100,000 in costs that the plaintiff is seeking.

While that is the figure that has made the headlines, the final bill once it is settled at a future hearing may well be rather less, with the judge having indicated an award of £10,000 to the plaintiff.

Adding in the damages and Hazeldean’s own costs of £7,000 gives a total of £21,172 and a crowdfunding page set up by a friend of his has raised £58,794 to date. Any surplus will be donated to the charity Action Aid.

The Sunday Times points out that had he been insured, any costs awarded against him would have been capped at around £7,000.

The case, which has received widespread coverage in the mainstream media, has led to a big increase in demand for cover among cyclists, according to Cycling UK, with the charity’s website crashing as a result.

Cycling UK’s Sam Jones told the newspaper: “Summer has always been busy for us, but never to this magnitude.

“We’ve offered the insurance cover since the 1920s and think everyone riding should have it.”

In a recent article regarding insurance on its website, British Cycling said that since the case concluded, it too had seen a “substantial rise” in new memberships, with all packages other than fan and bronze including third-party liability cover.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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Legs_Eleven_Wor... | 4 years ago
3 likes

I had a somewhat 'amiable altercation' with a cyclist last week, as I was crossing Tooley Street (in London) on foot.  I had the green man, and matey comes swooping through the red light.  I stopped dead in front of him and pointed back over his shoulder.  'That's a red light,' I said.  He stopped.  'Come on mate, I didn't run you over!'.  

'How does that make it OK?' I asked.  I cycle up this road every morning and I stop at the red.  Why can't you?  What makes you so special?'

He stared at me, as if unsure what to reply.

'People hate us, ever wondered why?' I asked.

'Mate, give me a break ...' he bleated, and cycled off.  

I know it's none of my business.  I know I'm not the Old Bill.  But it was good to vent. 

Avatar
hawkinspeter replied to Legs_Eleven_Worcester | 4 years ago
1 like

Legs_Eleven_Worcester wrote:

I had a somewhat 'amiable altercation' with a cyclist last week, as I was crossing Tooley Street (in London) on foot.  I had the green man, and matey comes swooping through the red light.  I stopped dead in front of him and pointed back over his shoulder.  'That's a red light,' I said.  He stopped.  'Come on mate, I didn't run you over!'.  

'How does that make it OK?' I asked.  I cycle up this road every morning and I stop at the red.  Why can't you?  What makes you so special?'

He stared at me, as if unsure what to reply.

'People hate us, ever wondered why?' I asked.

'Mate, give me a break ...' he bleated, and cycled off.  

I know it's none of my business.  I know I'm not the Old Bill.  But it was good to vent. 

In his defence, he wasn't putting you in significant danger and he was able to stop in time.

Avatar
Legs_Eleven_Wor... replied to hawkinspeter | 4 years ago
2 likes

hawkinspeter wrote:

Legs_Eleven_Worcester wrote:

I had a somewhat 'amiable altercation' with a cyclist last week, as I was crossing Tooley Street (in London) on foot.  I had the green man, and matey comes swooping through the red light.  I stopped dead in front of him and pointed back over his shoulder.  'That's a red light,' I said.  He stopped.  'Come on mate, I didn't run you over!'.  

'How does that make it OK?' I asked.  I cycle up this road every morning and I stop at the red.  Why can't you?  What makes you so special?'

He stared at me, as if unsure what to reply.

'People hate us, ever wondered why?' I asked.

'Mate, give me a break ...' he bleated, and cycled off.  

I know it's none of my business.  I know I'm not the Old Bill.  But it was good to vent. 

In his defence, he wasn't putting you in significant danger and he was able to stop in time.

Meh.  I tend to be quite anal about things like this.  The light was red, and it was red for a reason.  One can't really bitch about drivers acting like utter twats, if we're going to do the same.  IMHO, of course.

Avatar
Htc replied to Legs_Eleven_Worcester | 4 years ago
0 likes

Legs_Eleven_Worcester wrote:

hawkinspeter wrote:

Legs_Eleven_Worcester wrote:

I had a somewhat 'amiable altercation' with a cyclist last week, as I was crossing Tooley Street (in London) on foot.  I had the green man, and matey comes swooping through the red light.  I stopped dead in front of him and pointed back over his shoulder.  'That's a red light,' I said.  He stopped.  'Come on mate, I didn't run you over!'.  

'How does that make it OK?' I asked.  I cycle up this road every morning and I stop at the red.  Why can't you?  What makes you so special?'

He stared at me, as if unsure what to reply.

'People hate us, ever wondered why?' I asked.

'Mate, give me a break ...' he bleated, and cycled off.  

I know it's none of my business.  I know I'm not the Old Bill.  But it was good to vent. 

In his defence, he wasn't putting you in significant danger and he was able to stop in time.

Meh.  I tend to be quite anal about things like this.  The light was red, and it was red for a reason.  One can't really bitch about drivers acting like utter twats, if we're going to do the same.  IMHO, of course.

Agree 100%

Avatar
hawkinspeter replied to Legs_Eleven_Worcester | 4 years ago
0 likes

Legs_Eleven_Worcester wrote:

hawkinspeter wrote:

Legs_Eleven_Worcester wrote:

I had a somewhat 'amiable altercation' with a cyclist last week, as I was crossing Tooley Street (in London) on foot.  I had the green man, and matey comes swooping through the red light.  I stopped dead in front of him and pointed back over his shoulder.  'That's a red light,' I said.  He stopped.  'Come on mate, I didn't run you over!'.  

'How does that make it OK?' I asked.  I cycle up this road every morning and I stop at the red.  Why can't you?  What makes you so special?'

He stared at me, as if unsure what to reply.

'People hate us, ever wondered why?' I asked.

'Mate, give me a break ...' he bleated, and cycled off.  

I know it's none of my business.  I know I'm not the Old Bill.  But it was good to vent. 

In his defence, he wasn't putting you in significant danger and he was able to stop in time.

Meh.  I tend to be quite anal about things like this.  The light was red, and it was red for a reason.  One can't really bitch about drivers acting like utter twats, if we're going to do the same.  IMHO, of course.

Yeah, I tend towards the opposite when I'm a ped - very forgiving of smaller chunks of metal. I quite often will make way/space for scooters/skateboards/cycles on pavements. I can't recall any time that a cyclist has jumped a red whilst I've been crossing the road, but my instinct would be to wave them through - there's plenty of room for cyclists and pedestrians.

However, one thing that does bug me is pedestrians with no situational awareness - the ones who stand in doorways or cross in front of you with no realisation that they are blocking your path.

Avatar
FluffyKittenofT... replied to Legs_Eleven_Worcester | 4 years ago
2 likes

Legs_Eleven_Worcester wrote:

hawkinspeter wrote:

Legs_Eleven_Worcester wrote:

I had a somewhat 'amiable altercation' with a cyclist last week, as I was crossing Tooley Street (in London) on foot.  I had the green man, and matey comes swooping through the red light.  I stopped dead in front of him and pointed back over his shoulder.  'That's a red light,' I said.  He stopped.  'Come on mate, I didn't run you over!'.  

'How does that make it OK?' I asked.  I cycle up this road every morning and I stop at the red.  Why can't you?  What makes you so special?'

He stared at me, as if unsure what to reply.

'People hate us, ever wondered why?' I asked.

'Mate, give me a break ...' he bleated, and cycled off.  

I know it's none of my business.  I know I'm not the Old Bill.  But it was good to vent. 

In his defence, he wasn't putting you in significant danger and he was able to stop in time.

Meh.  I tend to be quite anal about things like this.  The light was red, and it was red for a reason.  One can't really bitch about drivers acting like utter twats, if we're going to do the same.  IMHO, of course.

 

I agree with you reproaching the reprobate.  But I disagree with the hint of 'collective responsibility' that you use as justification for doing so.  

You  were entirely justified in having a go at this guy for the simple reason that he was being rude towards you personally by trying to barge through when it was your turn, not his.    I'd probably have done the same, but I'd just see it as a dispute between the two of us, and nothing to do with my right to complain about motorists endangering people.

 

  I don't care how many cyclists jump reds, it doesn't change the facts about bad motorist behaviour or my right to "bitch" about it.

Avatar
Legs_Eleven_Wor... replied to FluffyKittenofTindalos | 4 years ago
1 like

FluffyKittenofTindalos wrote:

Legs_Eleven_Worcester wrote:

hawkinspeter wrote:

Legs_Eleven_Worcester wrote:

I had a somewhat 'amiable altercation' with a cyclist last week, as I was crossing Tooley Street (in London) on foot.  I had the green man, and matey comes swooping through the red light.  I stopped dead in front of him and pointed back over his shoulder.  'That's a red light,' I said.  He stopped.  'Come on mate, I didn't run you over!'.  

'How does that make it OK?' I asked.  I cycle up this road every morning and I stop at the red.  Why can't you?  What makes you so special?'

He stared at me, as if unsure what to reply.

'People hate us, ever wondered why?' I asked.

'Mate, give me a break ...' he bleated, and cycled off.  

I know it's none of my business.  I know I'm not the Old Bill.  But it was good to vent. 

In his defence, he wasn't putting you in significant danger and he was able to stop in time.

Meh.  I tend to be quite anal about things like this.  The light was red, and it was red for a reason.  One can't really bitch about drivers acting like utter twats, if we're going to do the same.  IMHO, of course.

 

I agree with you reproaching the reprobate.  But I disagree with the hint of 'collective responsibility' that you use as justification for doing so.  

You  were entirely justified in having a go at this guy for the simple reason that he was being rude towards you personally by trying to barge through when it was your turn, not his.    I'd probably have done the same, but I'd just see it as a dispute between the two of us, and nothing to do with my right to complain about motorists endangering people.

 

  I don't care how many cyclists jump reds, it doesn't change the facts about bad motorist behaviour or my right to "bitch" about it.

 

In a perfect world, that's how it would work.  But when I'm abroad, I consider myself an 'ambassador' for the UK, and I do my best to behave in a respectful manner towards the people I meet, and to conform to their laws.  It's the same when I cycle.  I'm an 'ambassador' for cycling.  I like to think that when I stop for a red light, the driver behind me, or the pedestrian waiting to cross, or anyone else ... maybe, just maybe they'll think, 'Ha .. look at that.  They're not all utter c--ts, after all'.  

Conversely, when they see a cyclist go through a red light, no one says, 'Look at that fucking cyclist..'.  No, they will say, 'Fucking cyclists...', with the emphasis on the plural. 

It's wrong, and it's unfair, but that's the way it is.   Cyclists are a hated outgroup, and part of the (well documented) response to outgroups, is to attribute the behaviour of one person, to the group. 

Avatar
quiff replied to FluffyKittenofTindalos | 4 years ago
3 likes

FluffyKittenofTindalos wrote:

Legs_Eleven_Worcester wrote:

hawkinspeter wrote:

Legs_Eleven_Worcester wrote:

I had a somewhat 'amiable altercation' with a cyclist last week, as I was crossing Tooley Street (in London) on foot.  I had the green man, and matey comes swooping through the red light.  I stopped dead in front of him and pointed back over his shoulder.  'That's a red light,' I said.  He stopped.  'Come on mate, I didn't run you over!'.  

'How does that make it OK?' I asked.  I cycle up this road every morning and I stop at the red.  Why can't you?  What makes you so special?'

He stared at me, as if unsure what to reply.

'People hate us, ever wondered why?' I asked.

'Mate, give me a break ...' he bleated, and cycled off.  

I know it's none of my business.  I know I'm not the Old Bill.  But it was good to vent. 

In his defence, he wasn't putting you in significant danger and he was able to stop in time.

Meh.  I tend to be quite anal about things like this.  The light was red, and it was red for a reason.  One can't really bitch about drivers acting like utter twats, if we're going to do the same.  IMHO, of course.

 

I agree with you reproaching the reprobate.  But I disagree with the hint of 'collective responsibility' that you use as justification for doing so.  

You  were entirely justified in having a go at this guy for the simple reason that he was being rude towards you personally by trying to barge through when it was your turn, not his.    I'd probably have done the same, but I'd just see it as a dispute between the two of us, and nothing to do with my right to complain about motorists endangering people.

 

  I don't care how many cyclists jump reds, it doesn't change the facts about bad motorist behaviour or my right to "bitch" about it.

I can see all these points of view, but I tend to agree with LegsEleven. No, most of the time cyclists don't pose that much of a danger compared to cars, but how hard is it to stop at a red light? I often see pedestrians being / feeling forced to yield to cyclists who are flagrantly ignoring a pedestrian crossing, when they should be confident they can cross. One of my family was hit by a cyclist on a pedestrian crossing, suffering multiple broken bones as a result, so I am particularly anal about it and will often call others out. Usually this will be at a larger junction down the road where I sarcastically ask how they decide which red lights to stop at. 

On the collective responsibility point, I like to have my cake and eat it. If ever a driver gives me the "but cyclists do / don't [insert complaint here]" argument then I'll tell them the error of their ways re: collective responsibility. But I don't see the harm in the twin-pronged approach of also pointing out to other cyclists that (rightly or wrongly) people group us together, and their inconsiderate riding may indirectly affect my safety.                 

Avatar
nicmason replied to hawkinspeter | 4 years ago
2 likes

hawkinspeter wrote:

Legs_Eleven_Worcester wrote:

I had a somewhat 'amiable altercation' with a cyclist last week, as I was crossing Tooley Street (in London) on foot.  I had the green man, and matey comes swooping through the red light.  I stopped dead in front of him and pointed back over his shoulder.  'That's a red light,' I said.  He stopped.  'Come on mate, I didn't run you over!'.  

'How does that make it OK?' I asked.  I cycle up this road every morning and I stop at the red.  Why can't you?  What makes you so special?'

He stared at me, as if unsure what to reply.

'People hate us, ever wondered why?' I asked.

'Mate, give me a break ...' he bleated, and cycled off.  

I know it's none of my business.  I know I'm not the Old Bill.  But it was good to vent. 

In his defence, he wasn't putting you in significant danger and he was able to stop in time.

"he was able to stop in time " sums it up. There's a rule, its red so pedestrians can cross not so they can make a call on whether cyclist are able to stop in time.

 

Avatar
hawkinspeter replied to nicmason | 4 years ago
1 like

nicmason wrote:

hawkinspeter wrote:

Legs_Eleven_Worcester wrote:

I had a somewhat 'amiable altercation' with a cyclist last week, as I was crossing Tooley Street (in London) on foot.  I had the green man, and matey comes swooping through the red light.  I stopped dead in front of him and pointed back over his shoulder.  'That's a red light,' I said.  He stopped.  'Come on mate, I didn't run you over!'.  

'How does that make it OK?' I asked.  I cycle up this road every morning and I stop at the red.  Why can't you?  What makes you so special?'

He stared at me, as if unsure what to reply.

'People hate us, ever wondered why?' I asked.

'Mate, give me a break ...' he bleated, and cycled off.  

I know it's none of my business.  I know I'm not the Old Bill.  But it was good to vent. 

In his defence, he wasn't putting you in significant danger and he was able to stop in time.

"he was able to stop in time " sums it up. There's a rule, its red so pedestrians can cross not so they can make a call on whether cyclist are able to stop in time.

 

To be honest, I see traffic lights as being far more important in separating pedestrians from motorised traffic. Back in the day we didn't need traffic lights to cope with pedestrians, horses and cyclists - it was only when the automobile became popular that there was a requirement for automated trafffic lights everywhere.

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efail | 4 years ago
0 likes

Are judges allowed to have shares in insurance companies?

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Hirsute replied to efail | 4 years ago
0 likes

efail wrote:

Are judges allowed to have shares in insurance companies?

Don't think there is much money to be made from cyclists unless volumes go through the roof. No doubt some people will discover they are already insured.

 

Also if he had been insured, the counter claim would have highly likely lead to an out of court settlement.

Avatar
Sriracha | 4 years ago
1 like

"The Sunday Times points out that had he been insured, any costs awarded against him would have been capped at around £7,000."

So how does that work? Lawyers charge more if you are uninsured? Or, insurance companies simply won't accept exorbitant charges, but Joe Public just has to take it on the chin?

Avatar
Hirsute replied to Sriracha | 4 years ago
1 like
Sriracha wrote:

"The Sunday Times points out that had he been insured, any costs awarded against him would have been capped at around £7,000."

So how does that work? Lawyers charge more if you are uninsured? Or, insurance companies simply won't accept exorbitant charges, but Joe Public just has to take it on the chin?

The costs thing is because he did not counter sue, not simply because he no insurance. By the time he got lawyers involved, he had missed the deadline to countersue.
If he had insurance, then they would have insisted on counter suing despite his qualms about compensation culture.

Avatar
alansmurphy replied to Sriracha | 4 years ago
0 likes

Sriracha wrote:

"The Sunday Times points out that had he been insured, any costs awarded against him would have been capped at around £7,000." So how does that work? Lawyers charge more if you are uninsured? Or, insurance companies simply won't accept exorbitant charges, but Joe Public just has to take it on the chin?

 

Which basically tells us that the system is fucked so we pour more money into the system that continues to bend us over. Brilliant!

Avatar
hawkinspeter replied to alansmurphy | 4 years ago
2 likes

alansmurphy wrote:

Sriracha wrote:

"The Sunday Times points out that had he been insured, any costs awarded against him would have been capped at around £7,000." So how does that work? Lawyers charge more if you are uninsured? Or, insurance companies simply won't accept exorbitant charges, but Joe Public just has to take it on the chin?

 

Which basically tells us that the system is fucked so we pour more money into the system that continues to bend us over. Brilliant!

I thought we had the best justice system that money could buy.

Avatar
Rich_cb | 4 years ago
0 likes

If your home insurance doesn't cover you, Laka will provide cover for £10 a year.

Not a bad shout until it's time to renew your home cover.

Avatar
kil0ran | 4 years ago
2 likes

Checked that I was covered on my home insurance, worth giving yours a call rather than forking out £45 to BC (nothing against BC but that's a decent set of tyres)

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Pedantic Pedaller | 4 years ago
2 likes

Where can you buy a BoJo face mask?

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brooksby | 4 years ago
2 likes

My Cycling uk membership renewed last week, so I'm covered. Plus I used my membership perks  and saved £7 on buying a new bucket hat in cotswold outdoor  3

Avatar
dassie replied to brooksby | 4 years ago
1 like

brooksby wrote:

My Cycling uk membership renewed last week, so I'm covered. ...

 

CyclingUK 3rd party insurance here too.

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Chris Hayes | 4 years ago
0 likes

Or just don't stop: laws and unintended consequences....

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BehindTheBikesheds | 4 years ago
1 like

Might as well ride with hoodies and if a ped walks out into your path, ride off and deny it was you, all plod can do is do you for not naming the bicycle operator right?

the insurance bureau which covers the milion plus motorists who don't have insurance have said that claims against uninsured drivers have gone up 10% 2017 to 2018. It's clearly far too easy for motorists to hit and run and get away with killing and maiming.

That decision has worked a right little treat, focus away from the worst offenders byy far and yet another step to compulsary insurance!

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ktache | 4 years ago
1 like

With more members, both organisations can have more of a voice.  Good luck to them.

Avatar
Rick_Rude | 4 years ago
2 likes

Get an airhorn instead.....oh, hold on...

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