Advice needed after near miss.

[DavetheAxe]

I'm not really quite sure what to do, so thought I would ask the sage advice of the forum.
I was cycling on the commute home, along a stretch of single track road with high hedges and lots of bends, when a car came fast round a bend. I had to veer onto the very edge of the tarmac as the car tried to stop, I went over the edge of the tarmac, fell back onto the road, my shoulder, knee and handle bars, taking the fall.
This left me with lots of bumps, bruises and grazes, blood pouring from my knee, some badly scuffed tiagra shifters and my 3 week old jacket ripped.
The lady driving did stop and asked if I was ok and said that "You don't expect to meet anyone down this road". She seemed apologetic and gave me her name, address and phone number...what I'm not quite sure is what to do next.
Obviously it could have been a lot worse, but it's left me with some damage to me and my bike that wasn't my fault.
What should I do about it?
Any advice would be most welcome.

Cheers
Dave

 

[The Jogger]

What do you want to do about it? Do you want to report her driving to the police in case it happens again and someone may get seriously hurt or do you need to make a claim for injuries and damage to your bike or do you put it down to a bad experience as she put her hands up and gave you her detals. Your choice.

 

[lit]

"You don't expect to meet anyone down this road"

I'd report her for just saying that (the poor driving too), if everyone drove along track's/ country lanes with that attitude then there would be a lot of accidents.

 

[DavetheAxe]

Thanks for the replies...

In answer to your questions, it was a blind bend for me, which I came round and saw the car (which I did not hear), it was a little damp, not dark (it being around 17:15) and yes she was going too quick for both the road and the conditions.

I don't want to report her for dangerous driving as I think she has learned her lesson and, as you pointed out, she stopped and she did hold her hands up and give me her details.
Oh and I am not seeking for compensation for injuries, as I got away with it very lightly, though think I'll not be able to pedal for a couple of weeks!

I do think that she was in the wrong, however, and if it was a similar incident if I was driving in my car, I would just immediately contact my insurance company to get my car fixed, who would, in turn, claim on the other party.

As I have only been commuting for the last 15 months now, not really cycled before this except as a child, and, with thankfully up to now, no experience of cycling accidents, I have no idea what to do.
Do I have to accept that this is just a part of cycling, or do I price up the damage and see what she wants to do about it, or does home insurance cover this sort of thing?

Cheers

Dave

 

[gambatte]

Strictly speaking, seeing as an incident was caused where injury occurred and driver speed was at least a contributing factor.... should the police have been involved?

If you're happy with just letting her settle though, approach her with the cost. She'll probably have a couple of hundred quid XS and may figure its better for her to settle and not risk bumping up her premiums.

 

[661-Pete]

I am familiar with a lot of narrow single-track roads with blind bends, around these parts. There's only really one rule - do not drive (or cycle!) at such a speed that you cannot safely stop regardless of what you may meet around the bend.

From your account the motorist was definitely in the wrong. And 'not expecting an oncoming vehicle' is an utterly worthless 'defence'. Next time she may meet a JCB or a combine harvester. That should be cosy for her!

If you report her on suspicion of driving without due care, and if she admits the offence, she will probably end up with a 'caution' rather than penalty points. That may be as well, it shakes her up with a salutary lesson and helps to make the road safer for the next person (cyclist or whoever) she meets...

 

[Davidc]

If you're a member of CTC, or have other isurance which includes legal assistance, ask them to recover the costs of repairing the bike and replacing damaged clothes. If you're not looking for compensation for injuries or consequential losses tell them. Much easier than doing it personally.

 

[cd365]

Personally I don't think the police would be bothered if it was reported since she didn't hit "the cyclist" and would be arguable by the insurance company that "the cyclist" was in a bad road position and not in control of the bike properly!! Not that I agree with any of this but insurance companies do like to work out of their responsibilities.

 

[BentMikey]

OTOH, she did cause the crash, without hitting him. That deserves consequences, if there are injuries and damages. Why don't you call RJW or Bikeline and see what they say?

 

[jugglingphil]

+1 on advice from gambatte
Get prices for replacement jacket and any other bits you want (shifters are expensive), mention that you haven't reported to Police although you have been advised to do so. Be nice and I'd hope the driver will follow suit. It's not really right for you to have to bear the costs.
If she doesn't agree to pay then say you'll be making a claim against her insurance, etc etc.

 

[cd365]

Why don't you call RJW or Bikeline and see what they say?

+1

 

[Beebo]

Insurance wise I think you have a problem as there has been no collision, so no accident as such. IMO the old lady's Insurance company will take a firm line on this one.

 

[BentMikey]

Insurance wise I think you have a problem as there has been no collision, so no accident as such. IMO the old lady's Insurance company will take a firm line on this one.

Not so, she caused the crash by driving too fast where she couldn't see to stop in time.

 

[Paulus]

+1 on advice from gambatte
Get prices for replacement jacket and any other bits you want (shifters are expensive), mention that you haven't reported to Police although you have been advised to do so. Be nice and I'd hope the driver will follow suit. It's not really right for you to have to bear the costs.
If she doesn't agree to pay then say you'll be making a claim against her insurance, etc etc.

+2. This is what I have done on the two incidents where I have been knocked off the bike. Both the individual and the company involved stumped up the money and hopefully learnt a lesson or two.

 

[BentMikey]

Insurance wise I think you have a problem as there has been no collision, so no accident as such. IMO the old lady's Insurance company will take a firm line on this one.

Here's a good example:


View: http://youtu.be/u_-upK-oVWY


I'd like to see anyone argue how there was no collision between the two cars so the dark car was not at fault.