OP
OP
MCRCyclist
Member
- Location
- Manchester
Yeah. Junction of Wilmslow Road and Old Hall Lane.
Advice Need on Police Response - Cycling Accident
- Thread starter MCRCyclist
- Start date
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glenn forger
Guest
By asking, he's expecting you to be complicit in insurance fraud.
Cycleops
Legendary Member
- Location
- Accra, Ghana
Not if he reports the accident to his insurers. I should ask for his insurance details from the police and pursue it through them. Old Bill obviously aren't interested so unless you want retribution there's little point in pressing them. Unfortunately most people these days tend to treat incidents like this as a minor irritation.
vickster
Squire
You have LeighDay on board, they'll pursue it through his insurance. Nothing he can do to stop the process, police or not. He could be in trouble however if his insurers hear from the lawyers before they do from him.
The OP wants his bike fixed, hence contacting the legal peeps. Also, need to ensure proper rehab is received for injuries
The OP wants his bike fixed, hence contacting the legal peeps. Also, need to ensure proper rehab is received for injuries
glenn forger
Guest
That's true, I made the schoolboy howler of thinking he wouldn't tell his insurers because he asked that his insurers aren't told.
TissoT
Guru
- Location
- The Home of British cycling
How long ago did this Happen ... every time I pass there seems to be a incident/accident
OP
OP
MCRCyclist
Member
- Location
- Manchester
This happened on Tuesday at 8am (30/10/14)
glasgowcyclist
Charming but somewhat feckless
- Location
- Scotland
vickster
Squire
30/09/14, for the solicitor form
CopperCyclist
Veteran
First the police attendance. Our numbers have been cut badly - metaphorically its an arterial bleed. It means dispatchers have to be a lot stricter about what they send us to, as we regularly run out for 'threat to life' jobs anyway. Sara H recently fell foul of it as the offender has left her scene, and you've fallen foul of it as they assumed it was damage only as you didn't need an ambulance. These situations are only going to get worse, as they are caused by government cuts but it's the police forces that get the blame, making it easier to cut them further....
The second part. You say 'injury only' but I suspect you mean 'damage only'. If we have a 'damage only' accident, we don't have to record or investigate it, as long as the Road Traffic Act is complied with (parties stopped, are insured etc). Sounds like yours have been written off as this. You say you 'weren't badly injured', but unless I've missed it (admit to skim reading the other posts) don't say how injured you are. As long as you have any injury at all, then this should be recorded as an injury rtc* and will be assigned an officer to look at**. Ring back up, tell them it's not damage only, never has been, and you'd like an injury RTC recorded and for the officer its assigned to to contact you as per the 'Victims Code'***. If they refuse to do this, go in person to your local station, ask to make a complaint to an inspector and ask them to sort it.
*in my force anyway - others may have different policies, but from what I hear this is generally the way it works across the board.
**they may still decide to take no formal action if it's a relatively minor injury, but they should with this up against the evidence available, and also your views.
***a new legally binding set of rules we have to abide by. I'm not 100 percent they apply to victims of an RTC, as they are for victims of crime, but if I'm not sure the person on the other end of the phone probably won't be either!
Best of luck, and hope you get well soon and get the bike repaired soon!
The second part. You say 'injury only' but I suspect you mean 'damage only'. If we have a 'damage only' accident, we don't have to record or investigate it, as long as the Road Traffic Act is complied with (parties stopped, are insured etc). Sounds like yours have been written off as this. You say you 'weren't badly injured', but unless I've missed it (admit to skim reading the other posts) don't say how injured you are. As long as you have any injury at all, then this should be recorded as an injury rtc* and will be assigned an officer to look at**. Ring back up, tell them it's not damage only, never has been, and you'd like an injury RTC recorded and for the officer its assigned to to contact you as per the 'Victims Code'***. If they refuse to do this, go in person to your local station, ask to make a complaint to an inspector and ask them to sort it.
*in my force anyway - others may have different policies, but from what I hear this is generally the way it works across the board.
**they may still decide to take no formal action if it's a relatively minor injury, but they should with this up against the evidence available, and also your views.
***a new legally binding set of rules we have to abide by. I'm not 100 percent they apply to victims of an RTC, as they are for victims of crime, but if I'm not sure the person on the other end of the phone probably won't be either!
Best of luck, and hope you get well soon and get the bike repaired soon!
OP
OP
MCRCyclist
Member
- Location
- Manchester
I just wanted to give you all an update.
Firstly, thank you for all your comments. They've been very supportive and knowledgable. After contacting the police (post posting this) they have confirmed they are looking at either a) charging the driver with "driving without due care or attention" b) sending him on an awareness course (if he admits liability. if not they do A).
Since the accident I've not been able to ride a bike, let alone sleep. It is some comfort to know that the police have vindicated my cycling in this accident.
But really, thank you everyone who commented. Your knowledge on this topic helps me greatly.
Firstly, thank you for all your comments. They've been very supportive and knowledgable. After contacting the police (post posting this) they have confirmed they are looking at either a) charging the driver with "driving without due care or attention" b) sending him on an awareness course (if he admits liability. if not they do A).
Since the accident I've not been able to ride a bike, let alone sleep. It is some comfort to know that the police have vindicated my cycling in this accident.
But really, thank you everyone who commented. Your knowledge on this topic helps me greatly.
GrumpyGregry
Here for rides.
If you lived in these parts you would, unfortunately, have to keep on their case to see either of a) or b) actually happen. We've a cycling forum member knocked off her bike whilst in a cycle lane by a driver undertaking a car turning right and after weeks of being told "We are looking at...." found out they'd decided to take no further action.
OP
OP
MCRCyclist
Member
- Location
- Manchester
@GrumpyGregry Thanks for this. I intend to to follow this to the end. I've got in writing their intentions. If they back track now, I'll be a ) majorly p**** and b) seeking legal advice. At the moment, the driver has denied all liability to his insurance - leaving me needing to shell out £500 to get the bike fixed. Hopefully the video I have will change their minds ( the solicitors think so anyway).
Drago
Legendary Member
- Location
- Suburban Poshshire
He's denied being a sequined piano player?
OP
OP
MCRCyclist
Member
- Location
- Manchester
Yup! On a fine clear morning he stated he " aqua planed " into me. Therefore, it isn't his fault.
