Advice after accident

[chan1]

Hi all,
I was hoping that there might be someone here who can give me advise on the following issue so here we go:
2 months ago I was involved in a traffic accident. Basically, I was hit by a motorcyclist while cycling while joining a junction. The result: a broken right arm and a destroyed bicycle.

I just received a letter from the motorcyclist's insurer claiming that I was responsible for the collision and that a separate letter will follow, listing the actual claims (costs) that I'll have to cover. Honestly, , I wasn't expecting such a letter at all so your advice will be much appreciated:
- Is there an agency/charity that can give me advise?
- If the insurer is right and I was responsible for the accident, then does the insurer have the right to want my money? I wasn't ensured during the accident and I don't have much in my bank account.
Thank you!

 

[The_Weekend_Report_Guy]

Get a lawyer to begin with..

Ask for help... CTC has free legal advice... Man that sucks..!

best of luck..

 

[mjr]

There's a guide about collisions somewhere on this site and for one lawyer option, there's http://legal.wiggle.co.uk but I've not needed them yet. You might have personal liability cover on your household insurance, too.

 

[vickster]

If you were responsible for the accident (it reads like you pulled out in front of the motorbike?) then yes, unfortunately you are liable for any damage caused to motorbike or rider. How did the accident happen?

Get legal advice as suggested above. You might find you can access this through a service provided by your employer or union for example

I'm not sure if the CTC offers advice to non members. If a member, you might have third party indemnity cover (ditto British Cycling or LCC for members)

 

[chan1]

Cannot emphasise enough how grateful I am! Thanks for your suggestions!

 

[classic33]

Of any use?

https://www.cyclechat.net/threads/accident-advice.151618/

 

[Racing roadkill]

It depends on who was coming from the right. If you didn't give way to the motorcyclist, and he was on your right, you were at fault. Anything else is worth contesting

 

[mjr]

The motorcyclist should've driven within what he can see to be clear, so I don't think it's an all/nothing blame split, but insurance liability doesn't behave exactly like responsibility.

 

[PhilDawson8270]

The motorcyclist should've driven within what he can see to be clear, so I don't think it's an all/nothing blame split, but insurance liability doesn't behave exactly like responsibility.

BIt early to be saying that, when there's no details of the accident.

If the OP has failed to giveway, then I don't see how the motorcyclist is at fault. But then again, the motorcyclist here could have jumped a light.

It's not worth even starting that discussion without knowing more about the incident.

 

[oldroadman]

The later posts are useless and full of conjecture. Facts are not stated. If a cyclist comes out of a junction over give way and gets hit by a vehicle which is on the major road, whose fault would that be? Simple question which does not appear to have a clear answer. The odd comment about the moto "having to be able to stop in the distance they can see to be clear" is nonsense if this is the case. How does anyone feel if they are happily riding along a main road, vehicle comes from side road, they hit vehicle. Who is to blame for that collision? The rules are the same for everyone!

 

[mjr]

It's not worth even starting that discussion without knowing more about the incident.

I was replying to the hypothetical in the preceding post. I agree more details are needed before we could make better estimates.

 

[mjr]

How does anyone feel if they are happily riding along a main road, vehicle comes from side road, they hit vehicle. Who is to blame for that collision? The rules are the same for everyone!

If you hit the vehicle, you are probably partly responsible. Even if the nobber pulls out, attempt an emergency turn rather than windshield diving while visualising the fat insurance payout and YouTube fame.

 

[classic33]

If you hit the vehicle, you are probably partly responsible. Even if the nobber pulls out, attempt an emergency turn rather than bonnet diving while visualising the fat insurance payout and YouTube fame.

Do motorbikes have bonnets!

 

[oldroadman]

If you hit the vehicle, you are probably partly responsible. Even if the nobber pulls out, attempt an emergency turn rather than windshield diving while visualising the fat insurance payout and YouTube fame.

If you hit a vehicle when pulling on to a major road, it would take a considerable amount of persuasion to convince any police officer, court, or insurance company that the fault was anyone's except the person pulling out.

 

[jefmcg]

Well, assuming the accident was your fault, then yes, you would be liable for the damages.

Have a read of this http://www.nolo.com/legal-encyclopedia/dont-sue-unless-you-can-30009.html. It's from the other's point of view, but it shows what they can do to get money from you if they sue you. Basically, from your bank, from your home or from your wages. I'm guessing they might not want to sue you if you have a lower income, and not much assets. And if it's enough to be worth taking you to court over, you could probably declare yourself bankrupt and then they would get nothing. So maybe you could negotiate an affordable sum, affordable monthly payments etc. This is speculation.

You should talk to a solictor. Follow the tips here on how to find one. https://www.citizensadvice.org.uk/l...elp-with-legal-costs-free-or-affordable-help/ It's worth paying for one if you can't see one for free. I guess wait for the follow up letter from the insurers before going in.

In the meantime, write down everything you remember about the accident, time, place. Draw a map of where you were and the motorcyclist. Can you remember the damage to the bike? Was the rider injured? Do you have any witness details?

Do you have a household insurance policy? They often come with legal cover and third party insurance. Have a look at your policy, call the insurer.

Good luck.