Is the cyclist or insur co responsible for damage?

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tgray, Oct 3, 6:52am
Car U turns and causes cyclist to crash, BUT cyclist then throws his bike at the car, causing damage to windscreen and bonnet. (NZ Herald). Is it just me, or isn't the cyclist responsible for the extra damage caused as a result of his actions after the crash!
mrfxit, Oct 3, 6:55am
Technically yes, reality possibly no, cyclist was provoked.
Probable outcome would be for both to walk away to pay their own damages
intrade, Oct 3, 6:58am
riding a bike is deadly in this country . I see pedestrians get more and more deathwishes also these days, walking on red signals, i wonder if the aspartame laced cokes and diet drinks have fried there brains and tumored em up already.
Similar thing in europe they just walk over zebra stripes no matter how fast a car aproaches since they got the right of way not thinking they could be dead if the car wont be able to stop.
smac, Oct 3, 7:08am
Civil liability (i.e. costs) and responsibility (i.e. willful damage) are two different things.

Seems the driver would need to claim from their insurance company (no different than a car getting damaged in a car park etc), and then up to insurance company to get it back from cyclist. That's why we HAVE insurance. The u-turn is completely irrelevant in all of this.
raymond00001, Oct 3, 7:12am
Wonder if the cops pressed roadrage charges. This is no different to say a car or truck driver kicking the other persons vehicle after a crash. Seems the lady involved realises the media hype the case would have and doesnt want the pressure.
Didn't we just have a big hoopla in this country about removing provocation as a defence!
An accident is one thing but to do something like this afterwards and to a female also is not on. Two connected but seperate incidents.
An elderly motorist assaulted by a petrol station worker here in HB lost his right to reperations after he retaliated with a machete several minutes later.
johnf_456, Oct 3, 7:17am
I see it as willful damage of course he should pay for the damage caused by chucking his bike. Just because he gets angry and chucks his toys like motorcyclist also do on occasion.

Accidents happen but chucking your toy in a fit of rage and expecting the other party to pay for it.
trogedon, Oct 3, 3:51pm
What sort of bike was it!
I wonder if it'll turn up here on Turners website. I could use a new drivetrain.
trogedon, Oct 3, 4:17pm
Have you got a link for this and can you post it!
evotime, Oct 4, 4:17am
The spandex push bike type, not a motor bike. It's on the herald site, I'd link but reading through app.
They'd have a hard time proving what damage was done during the accident and what was intentionally done I reckon plus it was a company car and who would want that media coverage of their business
klrider, Oct 4, 4:53am
The cyclist has committed wilful damage, and liable criminally.
trogedon, Oct 4, 5:40am
I understand it was a bicycle not a motorbike. It wouldn't be hard to work out what was done in the crash (it wasn't an accident - the driver was irresponsible) and what the wilfull damage was.
kcf, Oct 4, 5:50am
The cyclist deliberately damaged the car, so the car company insurance company would then be chasing the cyclist as they would with anyone who was known to have caused damage to an insured vehicle.
jason18, Oct 4, 6:01am
At the end of the day it was an accident and people make mistakes so really the cyclist shouldnt have thrown his bike at the car. Altho I would be bloody angry too. I have had cyclists cut me off etc before but I havent got my car and damaged their bikes with it.
m16d, Oct 4, 6:24am
The cyclist said he doesn't remember chucking his bike on the bonnet of the car.so I guess that lets him off the hook.
zirconium, Oct 4, 7:51am
http://www.nzherald.co.nz/nz/news/article.cfm!c_id=1&objectid=10838029

On re-reading it, it sounds like the bike might have headed over the car bonnet with the cyclist still attached, hence the damage.
annrob, Oct 4, 8:36pm
In this case, think the insurance are wearing it. However, I often wondered if the cyclist had to pay for damages when they are at fault- after they get out of hospital, of course. Like when they run a red light, or don't wear saftey gear and lights at night. Had one abuse me and try to smash my window and mirror for MISSING him, when he had no safety gear, and no lights on a rainy, dark night. Was a lot more tolerant of cyclists before that, now I want to take their bikes off them!
trogedon, Oct 5, 6:41am
I knew a cyclist who had to pay $2500 (in 1986!) for damage he did to a ute. The rider who abused you was ONE cyclist. You need to remember not to tar ALL with the same brush.
trogedon, Oct 5, 6:46am
Its obviously the fault of the driver that much damage was caused to the car. She's lied to the insurance co. and instead of checking with the cyclist and the Police they've had a go at Frost. Pricks.
meathead_timaru, Oct 5, 9:45am
Yes. Bicyclist is responsible for wilful damage done to the motor vehicle. Motor vehicle driver is responsible for damage done to the bicycle through their negligence, which will be covered by the motor vehicle's insurance, if they have any.
meathead_timaru, Oct 5, 9:48am
There's no defence of provocation.
motorboy2011, Oct 5, 10:49am
That's like saying the female "asked" to be hit in a fight
supernova2, Oct 5, 10:54am
What gets me about the story in the NZ Herald is the implication that it was just at the last minute that the driver (insured) knew about the proceedings.What a load of bollocks the DT application has to be signed by the insured and the insurance coy is an interested party.So in this case the driver (insured) must have known all about it and I'm betting hoped to get away with it.then the poo hit the fan and had to be honest.Just another example of the press not having the faintest idea what they are supposidly "reporting" and even worse another example of an insurance company making a statement that is at best "distorting" reality.
trogedon, Oct 5, 11:17am
Agreed.
lookoutas, Oct 5, 2:49pm
"It was you" wasn't it trog!
trogedon, Oct 5, 5:30pm
How did you know!! I didn't even crash into her, I just lashed out with my bike across her car for the fun of it.