The battle between cars and bikes rages on, as the insurance company of a New Zealand motorist attempted to sue a cyclist for vehicle damage occurring after the driver struck the cyclist while making a u-turn. Following a November collision in which Auckland engineer Oisin Frost was hit by a motorist while cycling, the at-fault driver’s insurance company attempted to make Frost pay for damages that occurred after the crash.
Although the driver took responsibility for the incident, saying she tried to make a u-turn after missing the entrance to a supermarket, the driver claimed Frost caused additional damage to her vehicle after the collision by angrily throwing his bike at her car. As a result of Frost’s rage induced lapse in judgment, the insurance company IAG was attempting to recover $1,273.44 on behalf of their client.
According to Frost, “The lady passed me in her car then swung around in a u-turn right in front of me. I hit her pretty hard and flew onto the bonnet.” Frost recounts wondering whether he’d survive the fall during the split second before hitting the ground, and says he was “hazy” in the minutes following the crash. Frost says he has absolutely no recollection of throwing his bike, and suggests that if it did happen, it was likely the result of his concussion and confusion over the crash that had just taken place.
The insurance company IAG asserts differently, and sent a letter to Frost claiming he, “may be responsible for causing some of the damages.” In the letter, IAG claims, “… you then picked your bike up and have thrown it … causing damage to the bonnet and windscreen. Because of this, it will be our intention to hold you liable for the costs of the repairs …”
Fortunately for Frost, prior to being heard by the Disputes Tribunal, IAG decided (at the request of the driver) not to pursue the matter further. IAG issued a statement saying, “irrespective of the outcome” of the hearing, the company was satisfied everything had been done correctly when it came to the claims procedure process.
Photo credit: https://www.flickr.com/photos/ksuyin/4326140881/
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.