A salutary and life changing event for both parties

Nealh

Esteemed Pedelecer
Aug 7, 2014
20,917
8,533
61
West Sx RH
I read this story yesterday as it was on my MSN front page. Those retractable leads are a liability, when I had my Golden Retrievers a short proper lead was the only suitable way to keep them close and under control, even though they walked close to heel now and then they would still try and wander off.
 
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oldtom

Esteemed Pedelecer
This little episode highlights the dangers for all those with non-compliant bicycles. Given the increasingly litigious nature of society today, those who ride around on unregistered motor vehicles, pretending they are using EAPCs, risk the kind of claim the dog walker faced in this incident.

This case produced a favourable outcome for the injured cyclist as the dog walker had insurance which covered just such an eventuality. It's a two-way street though, (no pun intended) and when a pedestrian or indeed anyone injured in a collision or any event involving a cyclist with an electrically powered machine decides to seek recourse in law, then that cyclist, if that term is still correct, could well face a massive payout.

I am unaware of any insurance company which provides cover for acts of illegality and riding the kind of non-compliant machine, euphemistically referred to by some as an EAPC, in publicly accessible areas is clearly an offence, indeed several offences. I'll stick to my very able, legal EAPC!

Tom
 
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RobF

Esteemed Pedelecer
Sep 22, 2012
4,732
2,312
I notice it states the woman's insurance paid for the costs. Anyone know what type of insurance would cover an incidence like this?
The insurance position was complicated slightly because the woman was walking the dog on behalf of a friend.

It may well have been her policy, the dog being irrelevant in that scenario.

Or it may have been the dog owner's policy, particularly if she had one covering risks directly flowing from the dog.

Most pet insurances include that, although I couldn't say if such a policy would cover the dog being walked by someone else.

There could be an argument to say legal responsibility for the dog passes to the person holding the lead, but such a clause would be very hard to frame.
 

VictoryV

Esteemed Pedelecer
Feb 15, 2012
310
208
78
near Biggleswade
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SRS

Esteemed Pedelecer
Nov 30, 2012
847
347
South Coast
This little episode highlights the dangers for all those with non-compliant bicycles. Given the increasingly litigious nature of society today, those who ride around on unregistered motor vehicles, pretending they are using EAPCs, risk the kind of claim the dog walker faced in this incident.

This case produced a favourable outcome for the injured cyclist as the dog walker had insurance which covered just such an eventuality. It's a two-way street though, (no pun intended) and when a pedestrian or indeed anyone injured in a collision or any event involving a cyclist with an electrically powered machine decides to seek recourse in law, then that cyclist, if that term is still correct, could well face a massive payout.

I am unaware of any insurance company which provides cover for acts of illegality and riding the kind of non-compliant machine, euphemistically referred to by some as an EAPC, in publicly accessible areas is clearly an offence, indeed several offences. I'll stick to my very able, legal EAPC!

Tom
People crash their cars everyday whilst over the speed limit. Illegal driving and yet the insurance companies pay out. How does that work?

You are however right, an illegal pedelec may introduce an additional dimension to any case.

If you need a few extra quid, just run over a dog. There's plenty on my local cycle paths and one could easily make a false claim.

Not suggesting that this guys claim was false and I wish him well but it does show the potential for a large payout should something nasty happen. Some would take advantage of that.

Best to have and dog insured and as a cyclist it would be wise to have some public liability insurance too.
 

JohnCade

Esteemed Pedelecer
May 16, 2014
1,486
736
People crash their cars everyday whilst over the speed limit. Illegal driving and yet the insurance companies pay out. How does that work?

You are however right, an illegal pedelec may introduce an additional dimension to any case.

If you need a few extra quid, just run over a dog. There's plenty on my local cycle paths and one could easily make a false claim.

Not suggesting that this guys claim was false and I wish him well but it does show the potential for a large payout should something nasty happen. Some would take advantage of that.

Best to have and dog insured and as a cyclist it would be wise to have some public liability insurance too.
Drivers have had problems claiming when the car didn’t have a valid MOT though. It’s not so much the use it’s put to as whether it’s on the road illegally.
 

oldtom

Esteemed Pedelecer
as a cyclist it would be wise to have some public liability insurance too.
Therein lies the problem. I believe that a bicycle and by extension, an EAPC, would be fine. Is it possible though to insure something for any type of cover which cannot be defined as a bicycle and does not fit with the requirements for any other vehicle classification?

I'm asking the question because I just cannot imagine that any insurer would happily accept a proposal which involves usage in the public area of a vehicle which is patently illegal, with all the attendant risks - 'Yeah, I know it's illegal but I just want the reassurance that I'm covered if anybody claims against me in the event of an accident, collision or whatever......I mean some of these claims run into millions!'

Tom
 

RobF

Esteemed Pedelecer
Sep 22, 2012
4,732
2,312
People crash their cars everyday whilst over the speed limit. Illegal driving and yet the insurance companies pay out. How does that work?
In some of those circumstances, the driver's insurance will cover third party liabilities but not cover the driver or his car.
 

SRS

Esteemed Pedelecer
Nov 30, 2012
847
347
South Coast
My own insurance policy covers public liability when using regular cycles along with any legal pedelec.

Obviously they are not going to insure illegal machines.
As you say, a rider leaves himself open when riding an illegal machine. He's also left himself open if riding a legal bike without public liabilty insurance.
 

SRS

Esteemed Pedelecer
Nov 30, 2012
847
347
South Coast
Tom lets not forget that anyone can claim from you if they trip over your shopping bag at a bus stop.

Where does it all end?
 

Gringo

Esteemed Pedelecer
Jun 18, 2013
1,346
842
Northampton
Two points,
1/ for £30 a year, British cycling membership gives you benefits including 10% off @ Halford's & Cain reaction, liability insurance, leagal aid & discounted cycle insurance.
2/ yes dogs on leads are dangerous, especially if the dog walker is riding a bike, why then dose the pedelecs home page show a woman riding with a dog on a lead ?
 
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Croxden

Esteemed Pedelecer
Jan 26, 2013
2,134
1,384
North Staffs
What does a dose do?