This has to stop: and there are simple solutions

University lecturer Sandy Peters was left with multiple broken bones and blood pouring from her face after a child smashed into her on a Forest bike in Sutton last October, while she was walking on a pavement.

She is reported on BBC News today as saying “She has post traumatic stress disorder (PTSD) and her teeth still need fixing, which could cost about £10,000. …. Both my cheeks are broken, the whole of my upper jaw is broken. It’s out of alignment with my lower jaw. And the key concern now is that there was a lot of damage to the teeth.

The e-bike rider, who was under 16-years-old, had struck her right side, causing Sandy to smash face first into a brick wall. She now suffers from PTSD and may have to pay around £10,000 for dental work, a sum she is unable to afford as there is little chance of getting any financial redress from the e-bike rider. And nor from Forest apparently.

E-bike hire companies such as Forest are legally required to provide public liability insurance under UK law. But it only covers incidents arising from mechanical faults or failures of its bikes – for example if a pedestrian or rider is injured due to faulty breaks. Such companies are not legally required to hold rider liability insurance, which would cover incidents where a third party is injured due to the fault of the rider.

The simple solutions? Well they are obvious are they not?

First the authorities have to be stricter about enforcing existing legislation. The bucks (£££) are currently bring passed between e-bike providers, local authorities who are making money from them, and the police. And meanwhile individuals like Sandy are suffering.

Secondly do not contract with these companies unless there are guarantees that they will be fully insured against injuries caused by their bikes. The excuses given below are simply not good enough.

At a time when Richmond Council are negotiating the fine print of their contract with Forest we should should be told what the plans are for dealing with these issues.

Credit BBC News

Sandy is pictured in hospital shortly after the crash. She has been told there is little hope of her getting financial redress from the rider who was under the age of 16 at the time of the crash.

Forest states that its e-bikes can only be operated by people aged 18 years old and over and requires users to confirm they meet this age requirement when setting up an account. All new users are also required to complete an in-app safety training before their first journey. Sandy is annoyed that local councils are not requiring e-bike hire companies to provide rider liability insurance. E-bike hire companies, such as Forest, must secure a financial agreement with councils to be able to operate in their boroughs.

She also wants a requirement in the law for councils to only give out licences if e-bike hire companies are insured to cover accidents with irresponsible riders. 

A Forest spokesperson said: ‘We are saddened to hear of any incident that might have involved one of our bikes. ‘We take such matters extremely seriously and are in contact with the individual involved to understand the circumstances of the accident and gather further information to enable a full investigation.’ 

A spokesperson for the London Borough of Sutton said: ‘The Council takes all incidents extremely seriously and we have asked Forest to work with the individual to ensure a thorough investigation is completed.

‘When letting contracts to providers, the Council upholds the highest standards. Forest does have public liability insurance which covers incidents arising from a mechanical fault or failure of their bikes.

‘It is not a legal requirement for e-bike operators, like Forest, to have rider liability insurance that covers injury or property damage arising from the negligence of users.


Discover more from EastSheenMatters

Subscribe to get the latest posts sent to your email.

Unknown's avatar

About Richard AH White

Retired Solicitor specialising in child law and former Tribunal Judge hearing cases on special educational needs and welfare benefits.
This entry was posted in Uncategorized. Bookmark the permalink.

2 Responses to This has to stop: and there are simple solutions

  1. Sir Harold Walker's avatar Sir Harold Walker says:

    I assume our MP is on the distribution list for Richard W’s helpful effusions.

    Like

Leave a Reply

Your email address will not be published. Required fields are marked *