Accident my fault?!

[peteoc]

I had an accident around 2 months ago which resulted in a car cutting across me to go into a local cricket club, after much messing about their insurance company have returned stating that their client was 90% into the drive and as such it was my fault I hit their car. (They supposedly have photos as well!!)

I'm fuming that he's trying to say it's not his fault, however I'm going to get as much info as possible to show that I wasn't in the wrong.

 

[benb]

Even if he was 99% into the drive, if you hit him there wasn't room for him to make that manoeuvre.

 

[peteoc]

*adds it to the list of things he did wrong* thanks Ben

 

[potsy]

Even if he was 99% into the drive, if you hit him there wasn't room for him to make that manoeuvre.

Spot on ben.if there wasn't time to make the turn then he is in the wrong not you.Sounds like the insurance company trying to fob you off and hope you can't be bothered to pursue it,don't let them do it.
What was the damage?

 

[peteoc]

well I hit the car head on, the bike shop have written off the bike as costs to check if the front forks (carbon) aren't damaged is more than the bike itself. Missing speedo (must have fallen off on impact), damage to the pedal and cycling shoes.

I wasn't originally going to claim for the damage to my Garmin GPS unit however now that they've come back with this I'm going to add that onto the claim. I wasn't going to bother simply on the basis I rarely use it as my mate has one as well and I'm too lazy to use mine.

 

[potsy]

I'd be claiming for the Garmin too mate,especially now they are trying to put the blame on you.
Sounds a bit like sharky's from the other day,once they realise how much it will cost to fix/replace the bike then they try to wriggle out of it

why can't people just admit they fu**ed up.

 

[peteoc]

I've now contacted the police for a reference/statement from the 2 officers that turned up, based on the amount of times the guy said sorry to me and shock I simply assumed it was a simple he's in fault and admitting it and never bothered to get the statements/info from the police.

 

[thomas]

well I hit the car head on, the bike shop have written off the bike as costs to check if the front forks (carbon) aren't damaged is more than the bike itself. Missing speedo (must have fallen off on impact), damage to the pedal and cycling shoes.

I wasn't originally going to claim for the damage to my Garmin GPS unit however now that they've come back with this I'm going to add that onto the claim. I wasn't going to bother simply on the basis I rarely use it as my mate has one as well and I'm too lazy to use mine.

Claim for all of your costs and any subsequent costs because of the accident (eg, alternative transport to work). That's the point of insurance, so that you are no worst off than you were before + a moderate amount of any pain and suffering you suffered.

Claiming for damages isn't a bad thing - it's not like you drank too hot coffee, or got fat from Big Macs.

 

[peteoc]

how did you know I was fat?

 

[Sh4rkyBloke]

100% - if they are not out of the way then there wasn't time for them to complete the move.... the woman who cut across me is trying the same tack, even when I pointed out that I locked both wheels and skidded into her (i.e. reduced my speed considerably) she seemed to think that because I hit (according to her) the back of her car it was the rear 1/3 of the side of her car) that it wasn't her fault any more.

 

[potsy]

100% - if they are not out of the way then there wasn't time for them to complete the move.... the woman who cut across me is trying the same tack, even when I pointed out that I locked both wheels and skidded into her (i.e. reduced my speed considerably) she seemed to think that because I hit (according to her) the back of her car it was the rear 1/3 of the side of her car) that it wasn't her fault any more.

Is there a vid of yours sharky? Amazing to think these people have actually passed a driving test

 

[downfader]

If you're claiming on your own you could ditch the lone-ranger tactic and get someone like RJW's firm from the CTC involved. Contact them that unless they pay up 100% for the damaged property (and personal injury if you were injured, if you want to) then you will be seeking legal assistance from one of the major cycling-based no-win-no-fee troupes.

The driver would fail their test if they did that little move on it. You cannot execute a manouvre whilst carrying out another. Overtaking drivers need to establish that it is safe to overtake (here it evidently wasnt), and they certainly shouldnt turn across the path of a cyclist. You were left-hooked pure and simple.

I hope you get this sorted. Who are the insurers?

 

[Sh4rkyBloke]

I had an accident around 2 months ago which resulted in a car cutting across me to go into a local cricket club, after much messing about their insurance company have returned stating that their client was 90% into the drive and as such it was my fault I hit their car. (They supposedly have photos as well!!)

I'm fuming that he's trying to say it's not his fault, however I'm going to get as much info as possible to show that I wasn't in the wrong.

Do I assume from this that you are pursuing the claim yourself then? I was very tempted (also might be quicker and appeal to the Insurance company if they don't have to pay Solicitor's costs etc.) but by the sound of this they'll try and screw you at every turn... glad I just contacted the Solicitors in the end (although haven't heard back from them yet)...

 

[Sh4rkyBloke]

Is there a vid of yours sharky? Amazing to think these people have actually passed a driving test

Sadly not, been having problems with a loose cable recently so not been setup to record my most recent rides.. also I'm a bit useless at charging the battery!!

 

[Crankarm]

I had an accident around 2 months ago which resulted in a car cutting across me to go into a local cricket club, after much messing about their insurance company have returned stating that their client was 90% into the drive and as such it was my fault I hit their car. (They supposedly have photos as well!!)

I'm fuming that he's trying to say it's not his fault, however I'm going to get as much info as possible to show that I wasn't in the wrong.

You were cycling on the pavement ?