Wear your lid!
Author
Discussion

Gooby

Original Poster:

9,269 posts

263 months

Wednesday 14th September 2011
quotequote all
Not another "my lid saved my life" although I have a couple...

If you dont wear your lid, your compensation will be reduced because of "contributory negligence".

http://www.guardian.co.uk/environment/bike-blog/20...

Vipers

33,498 posts

257 months

Wednesday 14th September 2011
quotequote all
Well a helmet did save me from potential serious injury, and yes I personally think the inusrers are right to reduce compenstion to those who ignore basic safety procedures.

I wonder how an insurer would react to a motorcyclist who had his mandatory helmet on, and flip flops and shorts on who sustained a serious dose of road rash when he came off yikes doesn't even bear thinking of.



smile

anonymous-user

83 months

Wednesday 14th September 2011
quotequote all
Compensation "may" be reduced. If you read the story his payout was reduced by 1/3 because of TWO factors, he rode dangerously AND he chose not to wear a helmet.

Those TWO factors contributed to the reduction in the payout. The cyclist was largely responsible because of his riding.

And wearing a helmet is entirely optional in the UK. I cant see an insurance company who covers a car/van/lorry driver who causes an accident with a bike having the payout reduced because the cyclist not wearing a helmet.

I am still not wearing one.

Vipers

33,498 posts

257 months

Wednesday 14th September 2011
quotequote all
sugerbear said:
I am still not wearing one.
Well you wouldn't be sitting at your keyboard biggrin




smile

Mr Will

13,719 posts

235 months

Wednesday 14th September 2011
quotequote all
sugerbear said:
Compensation "may" be reduced. If you read the story his payout was reduced by 1/3 because of TWO factors, he rode dangerously AND he chose not to wear a helmet.

Those TWO factors contributed to the reduction in the payout. The cyclist was largely responsible because of his riding.

And wearing a helmet is entirely optional in the UK. I cant see an insurance company who covers a car/van/lorry driver who causes an accident with a bike having the payout reduced because the cyclist not wearing a helmet.

I am still not wearing one.
There is a third factor involved too; the helmet would have helped protect against his specific injuries in these specific circumstances. As cycle helmets are not tested in collisions above 12mph, or involving vehicles, a court will have a hard time proving this last factor in your typical road collision scenario.

Lemans Party

558 posts

184 months

Wednesday 14th September 2011
quotequote all
sugerbear said:
Compensation "may" be reduced. If you read the story his payout was reduced by 1/3 because of TWO factors, he rode dangerously AND he chose not to wear a helmet.
Correction...


story said:
But their liability was reduced by two-thirds

Kermit power

29,622 posts

242 months

Wednesday 14th September 2011
quotequote all
Personally, I don't think he should've been able to bring a claim in the first place.

In part because he chose not to wear a helmet, but mainly because he chose to take part in the race and he caused the accident.

Cupramax

11,001 posts

281 months

Wednesday 14th September 2011
quotequote all
Gooby said:
If you dont wear your lid, your compensation will be reduced because of "contributory negligence".
Perhaps if we went back to a world where peoples first reaction wasn't to sue the whole world would be a better place.

Gooby

Original Poster:

9,269 posts

263 months

Wednesday 14th September 2011
quotequote all
Guardian Blogger said:
The Reynolds case is the first occasion where the courts have reduced a cyclist's compensation in this way, but it seems to be part of a wider trend in the law's attitude towards helmets. The Cyclists' Defence Fund have suggested that deductions for not wearing a helmet are now common in out-of-court settlements of head injury claims brought by cyclists. And when cases have reached the courts in recent years, the courts have held that cycling without a helmet is negligent (at least for the purposes of contributory negligence), largely because it involves ignoring the Highway Code's recommendation that "you should wear a cycle helmet which conforms to current regulations, is the correct size and securely fastened". This conclusion was first expressed by Mr Justice Griffith Williams in the 2009 case of Smith v Finch, and has now been adopted by the High Court in its last three decisions on the issue.

Vipers

33,498 posts

257 months

Wednesday 14th September 2011
quotequote all
These days everything we do (just about) comes under various safety regulations, things spring to mind like a risk assessment, taking part in a race, with out safety equipment, (although not mandatory) was not worn so seems reasonable to reduce any payout.

See my first post, what if a motorcylists wore his mandatory skid lid, but shorts and flip flops sustained a serious case of road rash when he fell off, I am sure the insurance company would try to reduce any payment to them. (I believe I am correct in thinking that only a skid lid is required under the law), if I am wrong, please put me wrong.




smile

anonymous-user

83 months

Wednesday 14th September 2011
quotequote all
Vipers said:
sugerbear said:
I am still not wearing one.
Well you wouldn't be sitting at your keyboard biggrin


smile
No, for that I wear a tin foil hat smile

BliarOut

72,863 posts

268 months

Wednesday 14th September 2011
quotequote all
Gooby said:
Not another "my lid saved my life" although I have a couple...

If you dont wear your lid, your compensation will be reduced because of "contributory negligence".

http://www.guardian.co.uk/environment/bike-blog/20...
Tell you what, YOU wear a helmet and stop caring what the fk anyone else does biggrin

surfymark

895 posts

260 months

Wednesday 14th September 2011
quotequote all
BliarOut said:
Gooby said:
Not another "my lid saved my life" although I have a couple...

If you dont wear your lid, your compensation will be reduced because of "contributory negligence".

http://www.guardian.co.uk/environment/bike-blog/20...
Tell you what, YOU wear a helmet and stop caring what the fk anyone else does biggrin
Don't want to get into a debate here but are you talking to the Guardian here?

I was very interested in the article but do not frequent the Guardian's website.

M

BliarOut

72,863 posts

268 months

Wednesday 14th September 2011
quotequote all
surfymark said:
BliarOut said:
Gooby said:
Not another "my lid saved my life" although I have a couple...

If you dont wear your lid, your compensation will be reduced because of "contributory negligence".

http://www.guardian.co.uk/environment/bike-blog/20...
Tell you what, YOU wear a helmet and stop caring what the fk anyone else does biggrin
Don't want to get into a debate here but are you talking to the Guardian here?

I was very interested in the article but do not frequent the Guardian's website.

M
I'm talking to anyone that thinks they know what's best for me...

That decision is for me and me alone.

monkey gland

574 posts

184 months

Wednesday 14th September 2011
quotequote all
How are you supposed to tell if an Estate Agent is brain damaged?

Gooby

Original Poster:

9,269 posts

263 months

Wednesday 14th September 2011
quotequote all
BliarOut said:
Gooby said:
Not another "my lid saved my life" although I have a couple...

If you dont wear your lid, your compensation will be reduced because of "contributory negligence".

http://www.guardian.co.uk/environment/bike-blog/20...
Tell you what, YOU wear a helmet and stop caring what the fk anyone else does biggrin
...you can lead a we to culture...

BliarOut

72,863 posts

268 months

Wednesday 14th September 2011
quotequote all
Gooby said:
BliarOut said:
Gooby said:
Not another "my lid saved my life" although I have a couple...

If you dont wear your lid, your compensation will be reduced because of "contributory negligence".

http://www.guardian.co.uk/environment/bike-blog/20...
Tell you what, YOU wear a helmet and stop caring what the fk anyone else does biggrin
...you can lead a we to culture...
I bet your voice has an adenoidal quality to it.


Gooby

Original Poster:

9,269 posts

263 months

Wednesday 14th September 2011
quotequote all
BliarOut said:
Gooby said:
BliarOut said:
Gooby said:
Not another "my lid saved my life" although I have a couple...

If you dont wear your lid, your compensation will be reduced because of "contributory negligence".

http://www.guardian.co.uk/environment/bike-blog/20...
Tell you what, YOU wear a helmet and stop caring what the fk anyone else does biggrin
...you can lead a we to culture...
I bet your voice has an adenoidal quality to it.

I am betting yours is a little more "Joey Deacon"...



BliarOut

72,863 posts

268 months

Wednesday 14th September 2011
quotequote all
So why do you think other people should do as you say?

IroningMan

10,598 posts

275 months

Wednesday 14th September 2011
quotequote all
BliarOut said:
So why do you think other people should do as you say?
People like you need all the help they can get...