The other magazine

bangs on about "contributory negligence" - saying that insurance companies will try to reduce compo if the cyclist was not using the facility provided.
They have a lot to learn about these vultures who swoop down and charge us a fortune each year.
Look - it's a business... and they will reduce and retain profits and cash if they can. It's not the drivers' cash - it's theirs...
I know the tricks they pull.. and trying to get out of paying compo to my wife because "the driver was deceased prior to impact" was one of the many dirties they try on.. and when neither admit liablity - they'll go for a split. When this occurs - they will refer to the Highway Code as beacon of common sense and good practice. Most of these "changes" are not dramatic changes either... more or less clarifying what is already there anyway

If the Code is changed to a legal requirement to use the paths - then there will have to be a legal requirement to maintain them...

and I intend to be even more of a nuisance to that silly little man in't council offices over the "facilities" here.
The

mag is opposed to helmets.. and quotes the case of 9 year old Darren who is permanently disabled after being involved in a collision. It seems the insurance company argued that the parents were "negligent" in that they allowed the boy to ride unaccompanied and helmetless. Yhe company used the existing wording of the Highway Code as its "get out clause to reduce compo".
They do indeed use every which way they can to keep their dosh - but I fear the reporting of this tragic story may be just a little over emotional in that we are not told what kind of road they boy rode on.. Urban or residential and the most mediocre lawyer in the land would have minced this to pulp - and fair compo given. Fast road and they may have had a point....

It does not say...
Case like this should have gone to court... surely? But I seem to recall a similar case ... company backed down and gave the full compensation. But then - adult male - he died. I do not know if the company showed a bit more compassion to young Darren eventually or even if this is a continuing case - article just does not say...
The CTC is jumping the gun though. They are claiming that "should use the paths/should wear a helmet" and it will be "impossible to prove the driver was careless or plain dangerous in the case of a collision - as the accident would not occur if the cyclist had been in a different place at the time... "
Yep ... one second sooner... if only my wife's cousin had chosen a different route.... my wife the A road and not the M road.. if they had set out earlier or later.. ..
No - jumping the gun...if a fatal or serious - it gets investigated thoroughly. I was amazed and relieved at how thoroughly the incidents involving my wife and her sadly deceased cousin were investigated.
If a medium/slight and neither accept liabilty - goes to split liability and these range 50/50 to 80/20...based on the diagrams and the accounts of the accidents - with a referral to the Highway Code as to what a reasonable person ought to have done - Agree these companies are vultures - but changes to the Highway Code are not going to change these companies for the worse or better.
They will continue to retain as much profit as possible and charge even higher premiums - even if they paid out the bare mimimum on compo...