Advice please...

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The L J Monk

New Member
On my daily commute home this evening I've had the misfortune to have a motorist deliberately drive his car into me. Having knocked me off (I am unhurt aside from a grazed elbow where his wing mirror smashed into me, and the bike looks ok) he sped away.

Two motorists saw the incident and have given me their details. I phoned the police and informed them what happened. They said someone will be in touch.

My question is: what happens now and how seriously do the police take these things, considering I am uninjured yet have been hit deliberately?
 

Recycler

Well-Known Member
If they believe that it was deliberate then they will take it seriously. However, without a registration number, it may well be difficult to do anything.

If they think it was just an accident (and I'm not saying it was) they may well think you are making a fuss about nothing and exaggerating for effect.
 

Hawk

Veteran
Photograph your bike (inspect it minutely for ANY damage) and your injury too. Keep records of any expenses incurred - it may be worth taking your bike to a shop to have them inspect it for damage as not all serious damage is visibly obvious. Keep any receipts etc

Write down EVERYTHING that you remember happening straight away - it's surprising how much you forget quickly.

Someone will be along with good legal advice shortly no doubt.

The police should hopefully charge the driver in such a case.

If it was a deliberate act then I'd imagine that you may have a claim for compensation for the distress caused.
 

gaz

Cycle Camera TV
Location
South Croydon
Photograph your bike (inspect it minutely for ANY damage) and your injury too. Keep records of any expenses incurred - it may be worth taking your bike to a shop to have them inspect it for damage as not all serious damage is visibly obvious. Keep any receipts etc

Write down EVERYTHING that you remember happening straight away - it's surprising how much you forget quickly.

Someone will be along with good legal advice shortly no doubt.

The police should hopefully charge the driver in such a case.

If it was a deliberate act then I'd imagine that you may have a claim for compensation for the distress caused.
Legal advise? If there is no personal injury and no damage... no need for legal advise.
 
OP
OP
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The L J Monk

New Member
Thanks Hawk, I'll make notes.

Thankfully the motorist behind me got the registration number and the police confirmed the details matched the description of the car.

I am in no doubt it was deliberate. 20 yards from a T-junction he felt the need to get past me, a car came the other way so he veered in, forcing me onto the path. He shouted that I was in the middle of the road or something along those lines. I rejoined at the side of the road running perpendicular, at which point, whilst I was still stationery he turned left, accelerated, hit me with his wing mirror on the elbow (the wing mirror smashed) and scraped the front fork, then sped away. My stationery position was completely out of the normal flow of traffic as cars park a few yards further up, so he's gone out of his way to hit me.
 

Recycler

Well-Known Member
Legal advise? If there is no personal injury and no damage... no need for legal advise.

If the police agree that it was deliberate then there will be plenty of need for legal advice........for the car driver.


To OP..it's good that you've got the registration number. There's not much more for you to do except to give the police a straighforward account of what happened. Beyond that the police will tell you what is needed.
The suggestion to write it all down is a good one.
 
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Go back to the site, and look around carefully to see if there are any CCTV cameras around. They may be Police ones, or TfL (if you're in London), or even private ones. If there's a chance an offence has been recorded, the Police can get the tapes (if they can be arsed).
 
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Hawk

Veteran
Legal advise? If there is no personal injury and no damage... no need for legal advise.

I meant that a member of the forum would be along to advise him of any legal aspects [where art thou, crankarm?]. I'm no lawyer but my advice was made on the basis of helping the police with their queries and possibly filing a civil case IF some damage is found on his bike later, for example.

Really good you got a reg number :-)
 

Peowpeowpeowlasers

Well-Known Member
With two witnesses and a description of the car including its damaged door mirror, I think you stand a good chance of getting at least the registered keeper in serious trouble.
 
Thanks Hawk, I'll make notes.

Thankfully the motorist behind me got the registration number and the police confirmed the details matched the description of the car.

I am in no doubt it was deliberate. 20 yards from a T-junction he felt the need to get past me, a car came the other way so he veered in, forcing me onto the path. He shouted that I was in the middle of the road or something along those lines. I rejoined at the side of the road running perpendicular, at which point, whilst I was still stationery he turned left, accelerated, hit me with his wing mirror on the elbow (the wing mirror smashed) and scraped the front fork, then sped away. My stationery position was completely out of the normal flow of traffic as cars park a few yards further up, so he's gone out of his way to hit me.

If you are in no doubt it was deliberate, which from your description it would seem it was, then you need to request that it be crimed as an assault on you, and not recorded as a road traffic collision.

He would then be arrested, and I wouldn't mind being cynical and saying that if the police ask "Did you have an accident" his reply would be "Dont know what you're on about", whereas if we say "Did you deliberately use your car as a weapon to assault someone" he will say "No it was an accident."
 

CopperBrompton

Bicycle: a means of transport between cake-stops
Location
London
In a similar case, the police arrested the driver and charged them with assault. Unfortunately a combination of an excellent defence barrister and an utterly incompetent CPS one, the driver got off, but hopefully the experience of being arrested and the worry of the court case for several months will have changed her attitude.
 
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OP
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The L J Monk

New Member
If you are in no doubt it was deliberate, which from your description it would seem it was, then you need to request that it be crimed as an assault on you, and not recorded as a road traffic collision.

He would then be arrested, and I wouldn't mind being cynical and saying that if the police ask "Did you have an accident" his reply would be "Dont know what you're on about", whereas if we say "Did you deliberately use your car as a weapon to assault someone" he will say "No it was an accident."

Interesting you say this - when I made the original call to the police they were describing it as an incident of "criminal damage". I had to be quite clear that I felt the car had deliberately driven into me, and I used the word "weapon" to make this point. The police then said if this was the case then it could be classified as "common assault".

I'm due to meet the police to give a statement tomorrow. Realistically though I would have thought that it's the views of the independent witnesses that will carry more sway.
 

Schneil

Guru
Location
Stockport
Photograph your bike (inspect it minutely for ANY damage) and your injury too. Keep records of any expenses incurred - it may be worth taking your bike to a shop to have them inspect it for damage as not all serious damage is visibly obvious. Keep any receipts etc

Write down EVERYTHING that you remember happening straight away - it's surprising how much you forget quickly.

Someone will be along with good legal advice shortly no doubt.

The police should hopefully charge the driver in such a case.

If it was a deliberate act then I'd imagine that you may have a claim for compensation for the distress caused.
Might be worth getting your injuries documented and photographed as well.

Can your GP do this?
 
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