Accident with a pedestrian on my ebike

biker88

Pedelecer
Mar 26, 2016
30
7
49
Again. Massive thanks for your comments. I've taken everything you've said on board. I just wanted to let you all know how helpful you've been.

Flecc. I read about that incident on the BBC website. Tragic accident. I often see hooligans flying along the pavement at break neck speed. What you said certainly helps put things in perspective.

Daveboy. This is why i am keen to speak to someone with legal experience. Refusing to co-operate with the police may not be looked upon favourably.

Phill. The ambulance crew strongly suggested i go with them to hospital. I refused. Perhaps that will also be a factor in the eventual outcome.
 

RobF

Esteemed Pedelecer
Sep 22, 2012
4,732
2,312
This is why i am keen to speak to someone with legal experience. Refusing to co-operate with the police may not be looked upon favourably.
At present, you have nothing legal to speak to anyone with legal experience about.

If there is a next stage, which I doubt, you will be asked to attend at the police station for an interview.

At that point, you would be wise to exercise your right to free legal representation.
 

RobF

Esteemed Pedelecer
Sep 22, 2012
4,732
2,312
House legal cover will only cover civil matters, not criminal - public liability, accident injury compensation and the like.

Should the worst happen and you are asked for an interview by the police, you are entitled to free legal representation for that interview.

If matters progress still further, it's then a matter for the Legal Aid Board who will take into account your financial circumstances.

Typically, a person in work on an average wage will be ordered to pay a contribution to their legal costs.

I understand your concern over this matter, but doing any more at this stage is a waste of effort, and could be counter-productive.
 
Will be very interesting to hear what the legal advice comes back with, because all the research we've done would indicate that by riding a BBS02 your not legally allowed on the road. So no matter what the accident it'll be considered your fault and you'll not be covered by any insurance, unless you can get away with lying about the bike you were riding.

Please keep us all informed.
 
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Alan Quay

Esteemed Pedelecer
Dec 4, 2012
2,351
1,076
Devon
As I said to the OP, you need to be careful what you say on these public forums, especially when you are considering increasing any criminal activity by modifying the bike after the accident.

It looks like the OP is not being charged, but had he followed some of the advice given here he could have landed in a lot of trouble with a thread documenting what he'd done.
 
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Gubbins

Esteemed Pedelecer
Look, at the end of the day we all know the rules.. if you have an illegal bike however you dress it up you are risking a potential boat load of trouble.
What I find interesting here is that the OP seems like just any other ordinary person, not the cycling worlds version of a boy racer who wants everything souped up.
This post also shows what we all know but choose not think about.. it doesn't have to be your fault for trouble to come knocking on your door.
 

danielrlee

Esteemed Pedelecer
May 27, 2012
1,394
723
Westbury, Wiltshire
torquetech.co.uk
What a storm in a teacup this thread has been! I can understand why the OP might be so concerned, but as mentioned many times, it's highly unlikely that they'll hear any more about the incident from the police, no matter how much other members here would like. The poster above used the phrase "trouble knocking on your door". By obsessing about it so much, you're only getting closer to knocking on trouble's door. The police have protocols and procedures they had to follow and I doubt they were anything to do with the fact that you were riding an electric bike, illegal or not. I'd wager they'd have done the same had you been riding a 'hobby horse' down the road.
 

haggis

Pedelecer
Aug 3, 2015
36
15
Fife
You are obviously very concerned about this and it it is very easy for those not involved to say that you are getting over excited about it.
I noticed many pages back that you said that you had passed a line of taxi's, having a witness when the other side does not could be hugely beneficial. As you pass this taxi rank going to work each day I would suggest that you have a quick word with them to find out if any of them had seen the incident.
 
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tillson

Esteemed Pedelecer
May 29, 2008
5,252
3,197
What a storm in a teacup this thread has been! I can understand why the OP might be so concerned, but as mentioned many times, it's highly unlikely that they'll hear any more about the incident from the police, no matter how much other members here would like. The poster above used the phrase "trouble knocking on your door". By obsessing about it so much, you're only getting closer to knocking on trouble's door. The police have protocols and procedures they had to follow and I doubt they were anything to do with the fact that you were riding an electric bike, illegal or not. I'd wager they'd have done the same had you been riding a 'hobby horse' down the road.
I agree with you, it's extremely unlikely that the police will investigate any further unless the alleged injured person pushes very hard for them to do so, which I doubt will happen.

If the bike had been fully compliant with the law, I think the OP might have had a degree of cover from their home insurance. I know that every policy I've had has covered me for any harm injury or loss caused to a third party as a result of my actions at or away from home (with certain exclusions, the main one being use of a motor vehicle).

If a serious injury had been caused in the circumstances the OP describes, then I think it would be a different matter. Especially if a child was hit and injured. The police would almost certainly be interested in the bike, more so if it was disclosed that a motor was fitted to it. Potentially, this could lead to a whole heap of trouble and personal expense.

I don't think you would be entitled to free legal advice. I'm pretty sure that it doesn't extend to the Road Traffic Act and any personal liability insurance held would be invalid. You would be required to fund everything.

Riding an illegal bike leaves the cyclist exposed to potentially ruinous expense and costs if they hit a pedestrian. We know that bikes do collide with pedestrians and we know that these collisions have caused deaths and life changing injuries. That's a fact. By the laws of probability, one day an illegal ebike will hit a pedestrian with the same outcome. It has to happen and the odds shorten each time a new one takes to the road. Potentially being ruined financially is not something I want to expose myself or my family to. It's not worth it for an extra 10 mph, or less.
 

cwah

Esteemed Pedelecer
Jun 3, 2011
3,048
179
www.whatonlondon.co.uk
Don't worry, it will happen exactly like when I got my 2 bikes stolen.

They write their report and send letter to do their duty. They say they'll keep you informed on their investigation.

Haven't heard from them since 3 years... if they can't be bothered to find a stolen bike, I can't see why they'd be bothered by your bike. It's probably down a pile of random reports hidden under a desk.
 

Fordulike

Esteemed Pedelecer
Feb 26, 2010
3,802
1,538
This post also shows what we all know but choose not think about.. it doesn't have to be your fault for trouble to come knocking on your door.
I'm guessing you're not planning on becoming a contestant on 'The island with Bear Grylls' anytime soon :p
 

flash

Pedelecer
Apr 1, 2009
194
83
69
CW12 Congleton
I agree with you, it's extremely unlikely that the police will investigate any further unless the alleged injured person pushes very hard for them to do so, which I doubt will happen.

If the bike had been fully compliant with the law, I think the OP might have had a degree of cover from their home insurance. I know that every policy I've had has covered me for any harm injury or loss caused to a third party as a result of my actions at or away from home (with certain exclusions, the main one being use of a motor vehicle).

If a serious injury had been caused in the circumstances the OP describes, then I think it would be a different matter. Especially if a child was hit and injured. The police would almost certainly be interested in the bike, more so if it was disclosed that a motor was fitted to it. Potentially, this could lead to a whole heap of trouble and personal expense.

I don't think you would be entitled to free legal advice. I'm pretty sure that it doesn't extend to the Road Traffic Act and any personal liability insurance held would be invalid. You would be required to fund everything.

Riding an illegal bike leaves the cyclist exposed to potentially ruinous expense and costs if they hit a pedestrian. We know that bikes do collide with pedestrians and we know that these collisions have caused deaths and life changing injuries. That's a fact. By the laws of probability, one day an illegal ebike will hit a pedestrian with the same outcome. It has to happen and the odds shorten each time a new one takes to the road. Potentially being ruined financially is not something I want to expose myself or my family to. It's not worth it for an extra 10 mph, or less.
So the lesson is keep your bike legal and take out some insurance I use the C.T.C costs about £50 a year

http://www.ctc.org.uk/insurance

http://www.ctc.org.uk/resources/insurance-which-ctc-policy-right-for-you/insurance-faqs
 

nemesis

Esteemed Pedelecer
Mar 14, 2011
521
343
As the law stands now with the limit at 15.5 mph it is a poor experience for a lot of road riders,off road mtb riders will endure and enjoy it more because of the lower speeds due to the terrain and tyre resistance.
 

Gubbins

Esteemed Pedelecer
As the law stands now with the limit at 15.5 mph it is a poor experience for a lot of road riders,off road mtb riders will endure and enjoy it more because of the lower speeds due to the terrain and tyre resistance.
Yes but why would a roady who can ride at 20mph want an electrically assisted bike?
 
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tommie

Esteemed Pedelecer
Mar 13, 2013
1,760
600
Co. Down, N. Ireland, U.K.
So the lesson is keep your bike legal and take out some insurance I use the C.T.C costs about £50 a year

http://www.ctc.org.uk/insurance

http://www.ctc.org.uk/resources/insurance-which-ctc-policy-right-for-you/insurance-faqs
From their FAQ`s...

seems any pedal assisted ebike is ok with them???


  • Is my Electric Cycle covered? If so, what are the restrictions?
Where the main source of propulsion is electrical, the cycle would not be covered as it would be classified as a motor vehicle, in which case it should require Road Traffic Act insurance. However, if it has pedals and is mainly used as a conventional bicycle (unicycle, tricycle, tandem or triplet) and only has electric assistance then it would be covered."