Accident with London bus and cyclist - advice required

[classic33]

I managed to get the details from the bus driver at the scene as he gave them to me although the police officer who accompanied me to hospital later found that the bus driver gave me false information and so rectified the information I was given.

That's illegal is that.
@CopperCyclist, @Drago.
Keep both sets of details and mention it when you speak to Slater & Gordon.

The driver of the car that hit me gave false details to the police.

 

[bluepeds]

So just to update you all on the latest:

1. I have been in touch with Slater & Gordon Lawyers who CTC use. Unfortunately it can't be done retrospectively if I take out CTC membership now. S&G will be back in touch with me in the morning.

2. Sent emails to my local London Assembly member as well as the Deputy Chair for Transport Committee, UK Directors and CEO for the bus operator.

I've now been on the phone with several members of TFL and the bus operator. The Operations Director for the bus operator has now given me really bad news in that the CCTV on the bus has a corrupt drive (surprise surprise) and is being analysed by the supplier/maintenance company. So the evidence cannot be retrieved at this time and there's no guarantee that it ever will. The driver has also been stood down from driving until the CCTV has been viewed and he has been interviewed.

I'm pretty outraged that the CCTV has coincidentally gone into corrupted mode all of a sudden. In my opinion where such incidents occur, the hard drive unit should be removed at the scene by the police as evidence as the bus operator could have done anything to conceal the footage after this once the bus is back at the garage.

 

[classic33]

Look on the bright side. If the CCTV can never be viewed, the driver remains of the road. Company policy in most cases, they can't afford to take a chance.

 

[vickster]

In terms of length of time to pay out, it could well take a while especially if there are any slow healing injuries. I started a claim in March and as yet, I've not received anything. One derisory offer was made fairly soon, which I rejected and still ongoing due to continued medical issues, getting expert reports and so on.

Regarding the replacement/repair of damaged equipment, if you need it doing, you would be best to do, making sure you keep all receipts. Indeed, scan them as paper ones fade.

I expect your case too could take a while especially if there are criminal proceedings. You can apply for interim payments but I think this would more be to cover loss of earnings, medical bills, not replacement of property

 

[CopperCyclist]

That's illegal is that.
@CopperCyclist, @Drago.
Keep both sets of details and mention it when you speak to Slater & Gordon.

The driver of the car that hit me gave false details to the police.

Yes it is - and as it was pointed out by the police officer hopefully it's been noted for later action.

As for seizing the buses hard drive. Legally we could do it, however in practice the driver doesn't tend to have any access to it, so couldn't affect it even if wanted, and the person with responsibility for it is very unlikely to. Add to that, police aren't trained to remove hard drives, and would probably balls it up big style, while leaving the bus without it for the next six months or so (at least!). On practice, and proportionally it tends to be trusted to the operators to download, even in fatals, and I don't personally know of any issues from this. I accept it looks bad that the Ops case has a corrupted drive, but would put my money on it being a coincidence in this case.

 

[ianrauk]

In terms of length of time to pay out, it could well take a while especially if there are any slow healing injuries. I started a claim in March and as yet, I've not received anything. One derisory offer was made fairly soon, which I rejected and still ongoing due to continued medical issues, getting expert reports and so on.

Regarding the replacement/repair of damaged equipment, if you need it doing, you would be best to do, making sure you keep all receipts. Indeed, scan them as paper ones fade.

I expect your case too could take a while especially if there are criminal proceedings. You can apply for interim payments but I think this would more be to cover loss of earnings, medical bills, not replacement of property

My payout took over 18 months, @fossyant 's even longer.
But yes, you can apply/ask for an interim payment.

 

[vickster]

Yes, that's not unusual. My point was that if the OP needs a phone, he'd be best replacing it and submitting the receipt as part of any claim

 

[bluepeds]

Yes it is - and as it was pointed out by the police officer hopefully it's been noted for later action.

This is exactly what I've been trying to get done since Friday as the officer present who pointed out the false information given to me by the driver didn't jot this down.

I've contacted the Traffic Division in Sidcup but have been told to wait two weeks. I also went to the Police station on Saturday where the officers are located but was informed that I have to wait until contacted.

My concern is that if I wait two weeks then the officer won't remember this happening on that night due to other cases etc.

Not sure on how to chase this one up.

 

[vickster]

Send an email to the person at Sidcup in charge of the case - email address will be on the letter when you receive it. You'll likely need to make a witness statement too, so put it on there as well. Also, on the long form the lawyers will ask you to complete

Perhaps the officer noted it in their report even if not written at the scene?

 

[Pumpkin the robot]

I had an accident in July and now that the drivers insurers have admitted liability I have started to get interim payments for loss of earnings. My solicitor told me that they do not normally do that until they have seen an independent doctors report (They actually paid out before in my case) I have not received any payment for the damage to my bike and equipment that was damaged in the crash as of yet. The solicitor asked for receipts if I had them, for anything that was damaged, he also asked me to take pictures of any damage to myself, the bike and any equipment. If I did not have receipts, he wanted to know how long I had had it and a link to the item on the internet for a price.
After the accident, somebody on here told me to keep records of everything (including any pain you are in) and that is good advice, it is suprising how quickly you forget things. I now have a huge file with letters from the police, solicitor, hospitals I have been to, doctors, physio etc all sorted into different sections and I keep a diary of any calls I make (who I spoke to, times etc) and mileage incurred.

 

[CopperBrompton]

Typically, once liability has been accepted, you'll get a payout for property losses reasonably quickly. Claims for personal injuries take a lot longer - three years is not uncommon.

 

[vickster]

Typically, once liability has been accepted, you'll get a payout for property losses reasonably quickly. Claims for personal injuries take a lot longer - three years is not uncommon.

I had liability accepted in April I think...nothing paid yet (as I rejected their frankly insulting final settlement offer, it didn't even cover my loss of earnings)

 

[classic33]

My payout took over 18 months, @fossyant 's even longer.
But yes, you can apply/ask for an interim payment.

Mine took over three years, before the owner of the car even named the driver on the night. Payment made not so long afterwards. A few months later.

What I think people who are involved in this sort of incident may have to accept is that the system runs a lot slower than they might think.
The folder on the computer for my side. Only the few letters were copied, because they were forwarded on. The rest are separate (physical)folder.

 

[CopperBrompton]

I had liability accepted in April I think...nothing paid yet (as I rejected their frankly insulting final settlement offer, it didn't even cover my loss of earnings)

A friend in the insurance business gave me an excellent rule of thumb for these things:

The first offer is what they hope to get away with.
The second offer is what they think they can get away with.
The third offer is the maximum amount they will pay without going to court.

Always turn down the first two offers and accept the third.

 

[classic33]

I had liability accepted in April I think...nothing paid yet (as I rejected their frankly insulting final settlement offer, it didn't even cover my loss of earnings)

Offered £75 as an initial settlement, which was turned down. Their argument being it was only a bike, and I shouldn't "have been on the road at night anyway.". That from a no win no fee solicitor, who no longer handles claims such as these.