Advice - RTA resulting in significant injury

[dhd.evans]

A week ago i was involved in a serious RTA on my way into work - i recall climbing a hill i normally commute on then coming to in an ambulance. My memory has started to come back about the incident and what i remember versus what i'm being told by police/car driver is somewhat conflicting. I was concussed and required a morning in Maxillofacial surgery to get my face back together. I have lost part of my tongue and most of my bottom teeth and have scars across my face. I am alive but sore.

Police and car driver tell me that i rode directly into the back of the parked car. There are no other witnesses. There is no CCTV.

My memory is slowly coming back and i remember it differently. The car driver pulled out of the junction pretty much on top of me then came to a halt in a bus stop/cycle lane in front of me causing me to ride into the back of the car.

Driver is now pursuing me to settle via insurance for damages to car. I do not have bike insurance but could sort this out via my home insurance. My bike is destroyed.

I am speaking with my solicitor on Monday (earliest appointment i could get). Is there anything else i should be doing?

 

[dhd.evans]

If i'm honest i'm keen to just call it bad luck and move on but the driver is sticking the knife in a bit by pursuing damages for the car - and thus I am going to war.

 

[Trickedem]

Sounds like the police are just repeating what the driver told them. Why was he parked in a cycle lane?

 

[Katherine]

Sorry to hear about your crash. Best wishes for your recovery.
Sounds like you need a solicitor. Good luck with your claim.

 

[Pale Rider]

Police and car driver tell me that i rode directly into the back of the parked car. There are no other witnesses. There is no CCTV.

The police can not - and should not - be telling you what happened because they were not there.

The driver is the only witness, although his view of what happened can only at best have been via the rear view mirror, assuming he was sitting in the driver's seat.

It may be the best method of defence here is attack: "You pulled out of the side turning and stopped in front of me."

If he is conceding his car was parked, that may help your case - depending on the traffic regulations at the spot the car was parked.

Inquiries also need to be made about his journey, hopefully he will live down the side road or use it on his way to work/to take the children to school, etc.

You are certainly doing the right thing by contacting a solicitor.

 

[dhd.evans]

The driver says they were dropping kids at the bus stop, which is frowned upon but not illegal in the county.

The cycle lane runs through the bus stop. Stupid stuff, I know.

 

[steveindenmark]

The police on the other hand are allowed to describe the drivers explanation of the event/. Which is possibly what you mean.

You are doing the sensible thing in seeking the advice of a solicitor.

My guess is that this will end up a tit for tat accident as there are no other witnesses.

 

[mr_cellophane]

All the police can say is that you cycled into the back of a stationary vehicle.
Take loads of photos of the area, you approach, his view from the side road and what he would have seen in his mirror.

 

[Pale Rider]

The driver says they were dropping kids at the bus stop, which is frowned upon but not illegal in the county.

The cycle lane runs through the bus stop. Stupid stuff, I know.

Stopping in a bus stop is a bit more than frowned upon, it is a traffic offence.

One of the reasons for this is to give those following behind, including cyclists, some reassurance the vehicle in front is not about to stop - unless it's a bus.

The driver's actions go in your favour in terms of avoiding his claim, and in terms of making one of your own against him.

It will be said you, as the following cyclist, should be prepared for any eventuality in front of you, but there has to be an element of reasonableness about that.

At the very least, you have one or two bullets to give to the solicitor to fire.

http://www.which.co.uk/cars/driving...ng-ticket/parking-tickets-tips-to-avoid-them/

 

[jefmcg]

Stories like this make me sad I am an atheist. Because I'd like to think there is a special place in hell waiting for him.

Your story and his probably do match. He wasn't parked, he had pulled over in a bus stop to drop his kids. That only takes seconds. That's not parked.

Worse, he and his kids saw a cyclist knocked unconscious with potentially life changing or ending injuries, yet less than a week later he is pursuing you for damages you did to his car ... with your face. Even if it was all your fault, that is a horrible human being. I'd be waking up at 3am, seeing your lifeless body on the road, not wondering who was going to pay for the dings in the paintwork.

Good luck. Destroy him if you can.

 

[Mugshot]

Destroy him if you can.

This

 

[midlife]

Hi,

Best wishes for you recovery, seems like the legal route is the way to go.

Part of my day job is putting together mouths damaged by severe trauma, did you see the Max-Fac guys at Ninewells? You need to put into action the steps needed to put you back together again via the Restorative / Max Fac teams that deal with this sort of trauma.

Cheers

Shaun

 

[dhd.evans]

Hi,

Best wishes for you recovery, seems like the legal route is the way to go.

Part of my day job is putting together mouths damaged by severe trauma, did you see the Max-Fac guys at Ninewells? You need to put into action the steps needed to put you back together again via the Restorative / Max Fac teams that deal with this sort of trauma.

Cheers

Shaun

Aye, a reg and one of our second year students (I work for the uni at Ninewells) cleared their Monday morning to expertly sew me up. Have expressed my deepest thanks to them.

Dental hospital is next to take over repairing my ruined dentures.

The NHS is the single greatest thing on earth.

 

[Arjimlad]

I hope you make a swift recovery and that your insurers get to the bottom of this nonsense properly. Whilst riders do sometimes collide with parked cars this sounds decidedly fishy.

 

[dhd.evans]

A few hours after thon collision.... God bless the NHS!