With more riders on the road, this is becoming more common. While having a serious accident caused by another rider isn’t that common, it does happen.
Often this happens when people get carried away in organised events like sportives, which mimic races but have a very different legal standing.
Can I make a claim against another rider?
In everyday riding, you have a claim against another cyclist just the same as if they were any other road user. If they’re riding in a negligent manner, and you’re insured, then you can claim against them.
Will I need to claim against the rider personally?
You will to start with, though they may have insurance which will deal with it.
Realistically this will make it a whole lot easier, as emotions run high in person v person claims and if you’re seriously injured, they may not have the money to satisfy any court judgment you’re awarded.
Does home insurance cover cycling accidents?
It may well do but not always. Lots of home contents policies cover cycling for social and domestic purpose but there can be restrictions on what they will cover, often around commuting.
What if they don’t have home contents insurance?
Lots of cyclists are getting specifically insured so they may have cover and as a last resort, some credit cards carry third party liability insurance as a benefit.
What if it’s in an organised event?
In organised events, particularly events designated a “race” the law infers that the competitors have assumed a certain amount of risk on entry. That isn’t to say that anything goes, and another rider could never be liable for injuring you in a race, but the bar is a great deal higher.
Is a sportive different to a closed roads race?
Yes, very different. Closed road events tend to fall into the race category for the level of risk that you’ve accepted. By definition, the rules of the road have been disapplied.
Sportives are point to point events which, notwithstanding how some people actually ride them, are supposed to be just pre-determined routes, completed within the rules of the road. As such all normal rules apply including the standard of cycling expected.
Against this standard, a rider taking a racing line for instance, to the detriment of another cyclist, would be deemed to be riding negligently.