cyclist would like a bit of help

[jimboalee]

Today I've rode my bicycle into the back of a car ..That was stopped in a on road cycle path .They stoped to let the passenger out of the car . it was a cold day and I had my head down . Ive no insurance .... I will listen to any good advice
Dave

The best form of defense is attack.

The car was in a CYCLE LANE.
All you needed to say was..

"You are parked in a cycle lane. Do you want me to phone the police?".

 

[CatherineB]

There are times when just putting your hand up and apologising is the right decision.

OK, if you are talking on your phone and fiddling with your ipod and riding with no hands and you run into an old lady and knock over her shopping, yes, apologise, and admit it was your fault. But in other, murkier situations (for example, the situation laid out in the post that started this thread), it's not that simple.

I am a bit confused as to why this is controversial. Nowhere did I say that anyone should leave the scene of an accident, and I certainly didn't say that anyone should try to blame others for the accident. Just make sure everyone is safe, share information as needed, and wait for the police or emergency services if they are coming. If anyone tries to start a conversation about who is at fault, just smile and say 'we can worry about that once we're sure everyone is safe' or 'it's hard to know exactly what happened, and we're all a little shaken up at the moment, we'll let the police and/or the insurers sort out who's at fault'. It's not rocket science. It's what I would do, and it's what your insurance company would expect you to do, but of course you are free to make your own decisions and accept the consequences.

 

[jimboalee]

There is of course a great one-liner you could say before continuing your journey....

"Sorry mate, I didn't see you"....

 

[hackbike 666]

There is of course a great one-liner you could say before continuing your journey....

"Sorry mate, I didn't see you"....

heh.

 

[Arch]

I am a bit confused as to why this is controversial.

Because you know what you said, and I do, because I read it properly, but half the people on a forum don't actually read anything beyond the first line, and then start frothing....

 

[dellzeqq]

am I right in thinking that an admission of guilt can void your insurance policy? Or is that just a myth?

 

[Arch]

am I right in thinking that an admission of guilt can void your insurance policy? Or is that just a myth?

I would think proving it would be the difficult thing - if it's your word against another, they can claim you said something you didn't, or you could claim later you didn't when you did....

 

[CatherineB]

am I right in thinking that an admission of guilt can void your insurance policy? Or is that just a myth?

I don't know if it can void your policy, but I do know that it can be used as a reason not to pay out for a particular incident. Imagine in the aftermath of a crash, the woman driving the car is very distraught and frightened and you feel sorry for her since you don't feel too badly hurt. You say 'oh, sorry, I must not have been paying attention, please don't cry' even though you had the right-of-way and she should have stopped for you. A bystander hears you - the police come to take a report and the testimony of the witnesses - well, that's their case solved right there. You said it was your fault, the witness corroborated that you said it, so that's what's going in the report that will determine whose insurance pays for what, so you're out of luck.

Because you know what you said, and I do, because I read it properly, but half the people on a forum don't actually read anything beyond the first line, and then start frothing....

Hmm... after 15 years on the interwebs I should have figured this out... but it still takes me by surprise every time B)

 

[PBancroft]

I don't know if it can void your policy, but I do know that it can be used as a reason not to pay out for a particular incident.

Odd. A month or so back I was involved in a minor prang in the car which was entirely my fault. I said as much at the time, and said as much to the insurance firm. They didn't blink (well, they may have done, but I couldn't tell as I was talking to them on the 'phone).

They asked if I accepted liability. I said I did, so they said "OK then" and that was the end of the matter. There was not any question of not paying out because I had accepted it was my fault... in fact, it seemed to speed up the resolution for all concerned.

 

[stowie]

Odd. A month or so back I was involved in a minor prang in the car which was entirely my fault. I said as much at the time, and said as much to the insurance firm. They didn't blink (well, they may have done, but I couldn't tell as I was talking to them on the 'phone).

They asked if I accepted liability. I said I did, so they said "OK then" and that was the end of the matter. There was not any question of not paying out because I had accepted it was my fault... in fact, it seemed to speed up the resolution for all concerned.

I think that in the case of clear fault, where the insurance company agrees with your admission of liability, it isn't really a problem. The problem arises when someone says an accident is their fault, when it isn't. In the heat of the moment it is easy to say something that sounds like admission of liability, and then the other insurance company will use this to try to move blame from their client.

I remember having a woman hit me from behind whilst I was stopped for a school crossing. She was crying and upset and I pointed out that little damage had been done, we both had company cars, and it wasn't too much of a big deal. When I phoned her up later in the week to give her the damage assesement from the garage she tried to wriggle out of it by claiming I had said there had been no damage to my car! This is even with a company car where the claim would make no difference to her. Her company paid up immediately, but it made me realise that you shouldn't say anything after an accident apart from exchanging details.

 

[Virtual DBP]

<<The problem arises when someone says an accident is their fault, when it isn't. In the heat of the moment it is easy to say something that sounds like admission of liability, and then the other insurance company will use this to try to move blame from their client.>>

but surely thats when the written description of events and lets not forget the diagram you have to draw brings out the real truth.

 

[siadwell]

<<The problem arises when someone says an accident is their fault, when it isn't. In the heat of the moment it is easy to say something that sounds like admission of liability, and then the other insurance company will use this to try to move blame from their client.>>

but surely thats when the written description of events and lets not forget the diagram you have to draw brings out the real truth.

One thing to watch out for when insurance companies try to make the claiming experience quicker and more "customer-freindly" by making claiming paper-free.

I've had experience of a situation where my insurance company took all the details of the incident over the phone and said it looked like an clear case of the other party's fault. They then did a U turn when they got the other party's written version of events and highly misleading diagram.

I then - several weeks after the event - had to make a written statement and draw them a diagram giving my side of events. Fortunately, I had taken photos of the accident scene which re-inforced my version over his.

My advice would therefore be to photograph everything. Take photos of the scene from all angles, your vehicle, their vehicle, the driver, their passengers. Look at their tyres - if they look iffy, photograph them. If there's a mobile that looks like it's been hastily flung on the passenger seat, photograph it.

 

[rusky]

One thing to watch out for when insurance companies try to make the claiming experience quicker and more "customer-freindly" by making claiming paper-free.

I've had experience of a situation where my insurance company took all the details of the incident over the phone and said it looked like an clear case of the other party's fault. They then did a U turn when they got the other party's written version of events and highly misleading diagram.

I then - several weeks after the event - had to make a written statement and draw them a diagram giving my side of events. Fortunately, I had taken photos of the accident scene which re-inforced my version over his.

My advice would therefore be to photograph everything. Take photos of the scene from all angles, your vehicle, their vehicle, the driver, their passengers. Look at their tyres - if they look iffy, photograph them. If there's a mobile that looks like it's been hastily flung on the passenger seat, photograph it.

Been down that road too - or rather the mrs has when 3rd party reversed into her when she was stationary.

The robbing bastards insurance company said both parties would go 50/50, I put my foot down & said no.

Don't let them weasle out of it just because it makes life easier for them.

 

[arallsopp]

Ah... makes me think fondly of the good old days. Riding to a mate's house, eyes down on the front mech (just got gears!) look up and BAMF! Young arallsopp finds himself in the rear seat of a meshback Suzuki rollover.

Driver adjusts his mirror, says "You alright?" I says "yes", he lets me out (no rear doors), I pick bike up, he stops laughing shortly before I start.

All settled amicably. Still makes me chuckle. Entirely my fault.

 

[Tynan]

so just to be clear, cars are allowed to pull over and stop in a cycle lane with a broken line?

and some on here seem to be advocating behaviour that in a motorist I suspect most on here would find despicable