Compensation after fall where third party not known

[chrismid259]

Hi,
Three weeks ago, I had a fall from my road bike. I was following a car round my local park - there were parked cars on the left. Suddenly, a car pulled out from the line of parked cars without signalling. This caused both myself and the car in front to brake. I didn't hit the car in front, but did fly over the handlebars of the bike and hit the floor with my face first.

The car that pulled out left the scene, probably not knowing what he had just caused. The woman of the car in front of me was aware of what happened only by the reaction of people walking on the pavement.

The tumble caused some facial cuts and bruises and also caused a radial head fracture (arm). This meant that I had to take time off work - 3 weeks in total.

I was wondering if anyone has experienced a similar situation where they have looked to claim compensation after their fall, but as the third party probably wasn't aware of what had happened, how to go about doing so.

Interested in hearing your thoughts on this.

Thanks.

 

[raleighnut]

Sorry but if you ride into the back of someone/something then its your fault.

 

[Globalti]

Wot e said ^^^^^

 

[glenn forger]

I think I'd chalk that up to experience.

 

[Trickedem]

Sorry but if you ride into the back of someone/something then its your fault.

Bit harsh, but unfortunately in the absence of any other evidence, such as witnesses, registration number etc. That is how the issue would be regarded by insurers, police etc.

 

[phil_hg_uk]

If you couldn't stop when someone in front of you did an emergency stop then you were probably following to close so it is your fault.

 

[Crackle]

Sorry but if you ride into the back of someone/something then its your fault.

I didn't hit the car in front, but did fly over the handlebars of the bike and hit the floor with my face first.

He didn't ride into anyone.

 

[ianrauk]

Did you get the number plate?

Agree with others above. Unfortunately you should have been taking more care in a park. It's not the highway so you should expect car drivers to do the unexpected which means you should be at a speed where you can stop safely.

 

[chrismid259]

Thanks for your replies. It's interesting that most of you haven't read my post properly. If you had done you'd see that I did NOT hit the back of the back in front.

Unfortunately I wasn't able to get the number plate of the car that pulled out.

 

[topcat1]

Interesting!

 

[vickster]

I don't think you will get anywhere in the absence of details. Motor insurance bureau helps with hit and runs, uninsured etc but it's really not one of those

I suppose if you could get legal advice through work and insurance policy you could ask the question but usually there needs to be a third party to claim against

As others say leave a bigger gap between you and a vehicle in front as no one pulled out on you. If you had hit the car in front it would have been your fault, same as when driving

I guess be thankful for the NHS, lots of countries you might have had a big medical bill too! :-/ and also for stat sick pay

 

[raleighnut]

Thanks for your replies. It's interesting that most of you haven't read my post properly. If you had done you'd see that I did NOT hit the back of the back in front.

Unfortunately I wasn't able to get the number plate of the car that pulled out.

So you just fell off then.

 

[vickster]

Thanks for your replies. It's interesting that most of you haven't read my post properly. If you had done you'd see that I did NOT hit the back of the back in front.

Unfortunately I wasn't able to get the number plate of the car that pulled out.

But the car that pulled out didn't hit you, nor did the car that braked do so. I think you had an unfortunate fall. It's the same as if you slipped on something dropped in the road. As I did on long strips of trunking which I couldn't easily avoid. One of those things. I would however recommend you join British cycling or the CTC where you can get legal help if you have an accident that's not your fault or third party indemnity if you hit something or someone and it is. If you had gone into the braking car, any damage caused would have been covered

 

[glasgowcyclist]

Sorry but if you ride into the back of someone/something then its your fault.

Not always, although that is the presumption. Besides, he didn't run into anyone.

GC

 

[glenn forger]

Things to remember:

1/

the Alamo

2/

there doesn't have to be a collision for the driver to be at fault. If the "presence" of the vehicle caused injury there may be a claim

3/

the presumption is as GC said, following vehicle is assumed at fault.

I therefore dismiss the claim.