At the start of this post I suggested it would be a tit for tat claim, and still think that.
If something is in front of you, it is up to the guy behind to stop. Even if the guy in front slams on. You have to travel at a speed and within a gap you can stop. Its how all these roundabout scams have been operating.
I am sure the OP has thought of something that he could have done to avoid this in hindsight.
If a cyclist ploughed into the back of my car and damaged it, I would be claiming off him. Also, if some pratt slammed on in his car right in front of me and I hit him and was injured. I would be claiming off him.
It sounds like you were both to blame and both have shoulder your part of it.
It will be a tit-for-tat claim, you are quite right. Honestly if i can get away without having to stump up for costs to the car i'd be happy.
In hindsight I don't think there is much I could have done to avoid this situation - the car driver misjudged my speed and accordingly i couldn't react quick enough once the car pulled out.
But i'm pursuing on a no-win no-fee basis more to right the moral wrong more than anything. The driver seized upon the fact that I was concussed and lied to the police and then, even worse, lied to me about events. My memory has come back. Further to this the driver subsequently tried to guilt me into paying out ('either your insurance or cash in hand' as it was put) by telling me the dent in the car meant that they could no longer do their job. The latter part irked me the most; at the point of the driver's claim (less than a week after the accident) I too was off work. And on high doses of pain-relief. And unable to eat solid food. In terms of who had it worse I think I may have edged the driver out on that one...
So, as an update, things are moving slowly. The dental hospital has taken on care of my decimated jawline and dentures and I will hopefully be looking at implants in the next year. My upper teeth, due to the impact, died off and will require further treatment with the possibility of a bridge/implants as well. All in all I'm getting my money's worth from the NHS over the next year or two! My primary care dental bills have skyrocketed as pain management has been an issue over the last 6 months and various root treatments/repairs/removals have had to be done on an
ad hoc basis to relieve the decaying dentures from their sockets.
On the plus side, i'm back on the bike. September marked the opening of the Cycle2Work scheme with my workplace and I got myself a shiny new road bike