Collision with car reversing off of driveway

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vickster

Legendary Member
This thread, sorry.

Bloke opens car door and knocks a cyclist over, abuses her and refuses to give details, walks off, is traced and humbly apologises with plenty of self-recrimination:

http://www.theage.com.au/victoria/cyclistdooring-man-not-proud-of-reaction-20140319-352r5.html

That bloke was too arrogant to think he had to supply details, like the one that reversed into Luke. Now lots of people know he's wrong.

That's not the UK. I don't know what the law is in Oz

Maybe it's time to find another hobby and mode of transport as you do seem a tad obsessed :wacko: Do you not believe that there is such a thing as an unintended accident for example
 

benb

Evidence based cyclist
Location
Epsom
Indeed, but that doesn't make his statement correct.

I'd say that if there is no damage and no injury, it barely counts as an RTC.

But you're right, if you hit someone or something and there is no damage or injury, you don't need to exchange details.
 
This is a completel
That's not the UK. I don't know what the law is in Oz

Maybe it's time to find another hobby and mode of transport as you do seem a tad obsessed :wacko: Do you not believe that there is such a thing as an unintended accident for example
It's also irrelevant because that video was released because the man refused to exchange details; it's just a happy accident that it also served to ostracise and humiliate him.

Posting this video after a satisfactory outcome would be modern equivalent of the pillory.
 
I'd say that if there is no damage and no injury, it barely counts as an RTC.

But you're right, if you hit someone or something and there is no damage or injury, you don't need to exchange details.

No damage no injury = no need to exchange anything

Damage, but no injury = need to exchange name and address of driver, and name and address of owner of the car if different, and registration number.

Injury of any level = exchange name and address of driver and owner AND insurance details of driver.


So no, you don't always have to exchange insurance details, but in this case, if there was an injury, yes they did.

The above are also only the minimum requirement. There's no legal issue with you along for insurance details and phone numbers anyway if the other party is willing to provide them, just be aware of whether they are legally obliged to or not.
 

ACQPL

Active Member
The above is indeed correct

In addition, If there is a personal injury collision (to either party, no matter how slight), the police must attend and complete a collision report, which is passed to their traffic unit to review and if necessary, start a criminal investigation. - Always get injuries documented by a doctor/GP, and keep a record. If in doubt go to A&E if something feels wrong.

If you are injured, or your property is damaged and the driver refuses to provide details, call the police immediately as it is an offence to fail to provide details to any person with "reasonable requirement"
 

Crankarm

Guru
Location
Nr Cambridge
The above is indeed correct

In addition, If there is a personal injury collision (to either party, no matter how slight), the police must attend and complete a collision report, which is passed to their traffic unit to review and if necessary, start a criminal investigation. - Always get injuries documented by a doctor/GP, and keep a record. If in doubt go to A&E if something feels wrong.

If you are injured, or your property is damaged and the driver refuses to provide details, call the police immediately as it is an offence to fail to provide details to any person with "reasonable requirement"

So what if the car wasn't a car reversing out a driveway, but a pedestrian walking out instead and say both parties suffered minor injuries would there be a requirement of either the pedestrian or cyclist to report?
 

ACQPL

Active Member
You raise an interesting point.
I'll check the legal database when I get to work, however from memory, neither is "using a mechanically propelled vehicle/motor vehicle" which I believe is necessary to fulfill the obligation to provide details.. I'll check at work and put a reply on here later.

At this moment I suspect the answer is no.
There may well be separate offences such as wanton and furious cycling or dangerous cycling (And I believe cycling without due care & attention) As for the pedestrian, unfortunately there is no offence for "not paying a single bit of attention to anything around you and walking into the road when it pleases you.." :rolleyes:
Civil claim there may well be.. but that is way out of my area of expertise..
 

steveindenmark

Legendary Member
You saw him, you saw what he was going to do and yet you carried on.

I am not saying you were to blame and he should certainly have had someone guiding him out.

But why didnt you slow down or stop until he was out. Problem solved.
SteveSteve
 
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