[Closed] British Cycling Legal Cover...Not very good, a word of warning

Not sure how you expect people to respond to this. I suspect some will have had great experiences and some not so good.

Without knowing more about your case it's impossible to say if you've been done up like a kipper, or not, so either give us full disclosure of everything, or put it down to experience.

PS I hope you heal fast, get your bike fixed and are back riding soon. Road rage sucks.

Have you got legal assistance on your house insurance policy? Might be able to use that?

Has the driver been charged?
Small claims court for your bike?

I guess if their wording refers to legal assistance after an accident, rather than a criminal attack, then it won't be covered. Better check my CTC wording tonight.

[i]Wow I'm dismayed. A word of warning in case, like me, you think being a member of British Cycling will help you out in cases of road rage (by another) and anything following a traffic incident:

I'm not going to give too many details but I was subjected by a driver to 'road rage'/ assault, and then criminal damage to my bike.

I called British Cycling helpline thinking that they would at least get me compensated for the damage to the bike. The 'solicitor' (?) called me back..She said that they cannot do anything because the drivers insurance cover will not cover the assault or damage (only his driving) so the BC legal help will not pursue (okay they would open a case with the criminial injuries compensation board (? think that is the name) but that would only cover my injuries from assault not the property damage).

[/i]

Presumably once the Police/CPS have arrested/charged them they'll get involved - or not until convicted?

a little clarification...yes this was 'after an accident' one chain of events but from collision to time of assault (unproven / no witness) and criminal damage (cautioned) was approx 15 minutes.

Well, if he got a caution for the damage (which presumably meant he had to admit to it) I'd be putting together something for a civil case (no idea if this is for the small claims court, phone your home insurer and I guess they'll point you in the right direction).

Just because BC won't help with the costs - and until all the facts are presented we can't really judge on their position - it doesn't mean you can't pursue a claim against him if you have the legal grounds to do so.

I can sort of see the BC position, it's not the RTI that has caused damage/injury but a follow up "Road rage" incident...

I'd expect the the Driver to now be pursued by the CPS/Rozzers on criminal charges for assault / damage, ignoring the involved parties modes of transport, it's a straight forwards assault case now innit?

BC remit is normally chasing for costs once liability for an RTI is already established by the (normally relatively rapid) Police/Insurance investigations, and there's a clear path for them to follow from the driver established to be at fault, to posting their insurer a bill...

Any settling of a compensation claim resulting from the driver's assault on the OP will therefore now depend on the outcome of a criminal investigation (and court case?) And You'll be asking your solicitor to chase the driver directly for compensation, not their insurance company, as most insurers probably don't cover drivers for [i]"Getting out of the vehicle and punching a stranger"[/i]...

Maybe BC should be clearer on what their members are, and are not covers for on the roads, same goes for CTC no doubt...

Guess I'm joining CTC next

I think the only extra cover CTC actually offer is for dropping and damaging your pipe while riding...

A couple of thoughts,

1) did the driver use the car? to damage the bike, cause the criminal damage if so I would expect that you could chase his insuruance via the BC and would go back to them.

2) If not try talking to you home insurance as they often have legal cover as part of the policy and you may find they can take up the case and get the repair costs back.

Either way hope the damage to you and bike are not so bad.

Further thoughts on this whilst laying awake at night (and then I'm really going to try and move on).

BC web site says

assistance to members who have been involved in an incident whilst riding or wheeling their bike

Well I was riding at the original incident, and still when later assaulted, but was no longer on the bike when it was damaged (seconds later).

I mistakingly thought BC offered an advice service and I was expecting a sympathetic ear and some advice about how to proceed on obtaining monies for damages and perhaps how to encourage the police to take further action against the driver / aggressor (or at least get his details). I can now see that this is not what they offer. They pass you to a 3rd party who look at the chances of getting money from a drivers insurance. (so what if you have an accident with an uninsured driver ?)

So I really did want this to be a warning to others who might think they have some cover / support when they go out for a ride. (and yes I wanted to let off a little steam as the service wasn't what I expected)

Okay...unfortunately the best advice,as above, is probably 'put it down to experience'.

CTC use the same solicitors, can't see you'll get any more from them. It seems the detail is quite pivotal in this case.

i see where you are coming from, you are right to feel a let down.
as the driver has been cautioned/admitted the assault then maybe paying for a solicitors letter along the lines of pay this or we will drag you through the courts... type of thing may work.

it can only be your call a £50 letter for a £100 worth of damage or a £1000?

I hope you are ok now and back on the bike.