Article on Road accident
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Accidents on hired bikes
Bicycle hire most commonly occurs on holidays, day trips, on guided rides / courses or on bicycle rent schemes.
Many accidents can occur whilst on a hired bike, from a road traffic collision to an accident due to a faulty bike.
The terms and conditions that apply to the bike hire will differ between establishments, but some remain universal.
Hire agreements
The majority of bike hire agreements will include a term stating that the bike was in a good condition before hire. It is worth checking the bike over before setting off, and reporting any defects you find. Failing to report defects may make you liable for ones you did not cause in the event of an accident.
Many agreements also stipulate that the owner is not liable for any damage caused to the bike in the event of an accident. The person hiring the bike will be liable for indemnifying the bike hire company for any costs or claims made against them.
Many companies are likely to reserve the right to use the deposit paid for the bike hire in part or full settlement of any claim you might make against them.
If the bike hire contract is made in the UK, the Consumer Credit Act will apply, which stipulates that the goods must be fit for purpose. This means that the bike should be roadworthy, and the owner should at minimum check the brakes, tyres and gear change. If the hire agreement does not state that these checks have been carried out, request confirmation in writing.
Many hire agreements will stipulate that the owner will not take responsibility for any injury sustained whilst using the bike. Some may request a disclaimer is signed to that effect.
Based on these likely terms of many bike hire agreements, it is advisable that you arrange your own insurance. In the event of an accident the insurer will cover damage to the bike, damage to other vehicles involved, along with personal injuries to all parties.
Salary sacrifice schemes
Salary sacrifice and loan agreements necessary for Cycle to Work schemes are also consumer hire agreements and therefore subject to the Consumer Credit Act.
This means that the hirer must provide you with goods that are fit for purpose, in this case a roadworthy bike. The agreement is likely to stipulate that you are responsible for the goods after you receive them, meaning that you are responsible for any loss or damage to them. The only exceptions include loss or damage caused by the hirer’s employees, a manufacturer, distributor, supplier, if it was covered under the terms of any warranty or was due to expected wear and tear.
It is also likely to specify that you must insure the bike against all risks for there full replacement value and, indemnify the supplier against any expense liability, loss or claim proceedings
In the event of an accident, visit our five steps to follow after a cycling accident page
Bicycle hire most commonly occurs on holidays, day trips, on guided rides / courses or on bicycle rent schemes.
Many accidents can occur whilst on a hired bike, from a road traffic collision to an accident due to a faulty bike.
The terms and conditions that apply to the bike hire will differ between establishments, but some remain universal.
Hire agreements
The majority of bike hire agreements will include a term stating that the bike was in a good condition before hire. It is worth checking the bike over before setting off, and reporting any defects you find. Failing to report defects may make you liable for ones you did not cause in the event of an accident.
Many agreements also stipulate that the owner is not liable for any damage caused to the bike in the event of an accident. The person hiring the bike will be liable for indemnifying the bike hire company for any costs or claims made against them.
Many companies are likely to reserve the right to use the deposit paid for the bike hire in part or full settlement of any claim you might make against them.
If the bike hire contract is made in the UK, the Consumer Credit Act will apply, which stipulates that the goods must be fit for purpose. This means that the bike should be roadworthy, and the owner should at minimum check the brakes, tyres and gear change. If the hire agreement does not state that these checks have been carried out, request confirmation in writing.
Many hire agreements will stipulate that the owner will not take responsibility for any injury sustained whilst using the bike. Some may request a disclaimer is signed to that effect.
Based on these likely terms of many bike hire agreements, it is advisable that you arrange your own insurance. In the event of an accident the insurer will cover damage to the bike, damage to other vehicles involved, along with personal injuries to all parties.
Salary sacrifice schemes
Salary sacrifice and loan agreements necessary for Cycle to Work schemes are also consumer hire agreements and therefore subject to the Consumer Credit Act.
This means that the hirer must provide you with goods that are fit for purpose, in this case a roadworthy bike. The agreement is likely to stipulate that you are responsible for the goods after you receive them, meaning that you are responsible for any loss or damage to them. The only exceptions include loss or damage caused by the hirer’s employees, a manufacturer, distributor, supplier, if it was covered under the terms of any warranty or was due to expected wear and tear.
It is also likely to specify that you must insure the bike against all risks for there full replacement value and, indemnify the supplier against any expense liability, loss or claim proceedings
In the event of an accident, visit our five steps to follow after a cycling accident page
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