Everything is a mess (Closed)

[HLaB]

Things don't happen fast in collision/legal circles. I was side swiped in Barnet in Nov 2013. Leigh Day were more on the case than me but it still took a while. The first hold up I think was that the driver said it never happened but the Police report, trip in the ambulance and witnesses said otherwise. Even after that it took a while and a year later things hadn't moved on much. About a year later Leigh Day organised a physio appointment. I indicated that I had cycled 100 miles the next day on a borrowed wheel, and when asked about any injury all I could remember was a bruise in my hip that made it uncomfortable for a few weeks. Whatever the physio put in his report though saw it resolved a week or so later.

 

[fossyant]

Don't expect the police to do anything - you weren't hurt. They didn't even slap the hand of the driver that broke my spine, and the same with another CC'er when his neck for broken. Both drivers got away with it.

You could deal direct with the driver's insurance if you need bike repairs, many will do this to save costs.

 

[SRanger]

What's the difference when renewing your British Cycling membership to use their solicitor (Leigh Day) or just going to Leigh Day directly?

 

[vickster]

What's the difference when renewing your British Cycling membership to use their solicitor (Leigh Day) or just going to Leigh Day directly?

Leigh Day will take a cut of any payout (plus their fees) if you go directly (as will other no win no fee solicitors), this is not the case if you are a BC member

Ask lots of questions and read the Ts & Cs very very carefully before signing anything (as I'm sure you would)

This gives some info about how it works https://www.bottonline.co.uk/compensation/cycling-accident-claims

Have you checked your home insurance policy that you can't get cover that way (assuming you have insurance with legal cover)

 

[SRanger]

My understanding is that Cycling UK allows you to join and then use their legal services to pursue an already-occurred collision: https://www.cyclinguk.org/

And, as others have put, expect it to take some time. The police will take 3-4 weeks before they get the paperwork done, as they already have the driver's details. It could then take 12-18 months for a conclusion should it go to court, although I'd suggest from what you've put elsewhere it won't. It's more likely to be 'no further action' or the driver being offered a Driver Improvement course.

In terms of a claim you need a written assessment from a bike shop of any damage. That's needed for an insurance claim.

You also need to be seen by a doctor for any personal injury / or having photographed these. It'll take a few days for bruises to show but if it's more than bruising you should get a medical assessment.

For my rear-ending, where a Range Rover mounted the pavement to bypass traffic and took me out in the process, I chose simply to cover bike damage through the LBS (new rear wheel, new bar tape). I've had a negative experience with British Cycling's legal team in Leigh Day and wasn't injured. Even that took 2-3 weeks to resolve.

Wait, so I can join their membership for £2.75 per month and then use their legal service and they'll pay everything?

 

[vickster]

Wait, so I can join their membership for £2.75 per month and then use their legal service and they'll pay everything?

Phone them and ask how it works especially as the Ts & Cs for their legal cover says it doesn't cover non members at the time of incident
https://www.cyclinguk.org/cycling-uk-incident-line-terms-and-conditions
Number at bottom of page
https://www.cyclinguk.org/join?gcli...22yqiby5MOA-5Cj-T-qs_N83wWGK9B1BoCvCIQAvD_BwE

You say £2.75? Are you in a concessionary group?

 

[SRanger]

Phone them and ask how it works especially as the Ts & Cs for their legal cover says it doesn't cover non members at the time of incident
https://www.cyclinguk.org/cycling-uk-incident-line-terms-and-conditions
Number at bottom of page
https://www.cyclinguk.org/join?gcli...22yqiby5MOA-5Cj-T-qs_N83wWGK9B1BoCvCIQAvD_BwE

You say £2.75? Are you in a concessionary group?

That's correct, I'm in a concessionary group.

 

[vickster]

That's correct, I'm in a concessionary group.

Give them a call and ask whether you can access the cover (as their site does suggest not)

 

[Brandane]

I just feel helpless. I feel like nothing is going to happen even though it was the driver's fault

Sorry, but I think you need to get a bit of perspective on this! From my reading of a few other threads about this incident, it is my understanding that....
You were NOT injured.
The driver stopped and you have her name and address.
The damage to the bike amounts to bent handlebars, damaged shifter, and a chip on the frame.
It only happened within the last 3 days.
Today is Monday, after an extended bank holiday weekend.

What were you expecting, honestly? These things take time, as other posters have said.
From a Police perspective, they will most likely not be one bit interested as no-one was injured and the legal obligation of the driver at the scene of a collision has been complied with. They probably won't even file a statistical report; it has nothing to do with them, and without witnesses they won't be interested in the question of careless driving. Do not expect to hear anything from them, or you will be sorely disappointed!

 

[SRanger]

Sorry, but I think you need to get a bit of perspective on this! From my reading of a few other threads about this incident, it is my understanding that....
You were NOT injured.
The driver stopped and you have her name and address.
The damage to the bike amounts to bent handlebars, damaged shifter, and a chip on the frame.
It only happened within the last 3 days.
Today is Monday, after an extended bank holiday weekend.

What were you expecting, honestly? These things take time, as other posters have said.
From a Police perspective, they will most likely not be one bit interested as no-one was injured and the legal obligation of the driver at the scene of a collision has been complied with. They probably won't even file a statistical report; it has nothing to do with them, and without witnesses they won't be interested in the question of careless driving. Do not expect to hear anything from them, or you will be sorely disappointed!

Wth, she was driving without due care and attention! That's why I also reported it on my behalf online.

 

[Beebo]

You seem to be expecting miracles. It’s been a bank holiday. The insurance company will take at least 30 days to respond with a decision on liability.
Don’t expect any money for at least 6 months.
Anything legal will also takes ages.

 

[SRanger]

You seem to be expecting miracles. It’s been a bank holiday. The insurance company will take at least 30 days to respond with a decision on liability.
Don’t expect any money for at least 6 months.
Anything legal will also takes ages.

What? This is the first time I've encountered an incident with a car. I don't know the process behind this legal stuff. I'm eager to learn.

 

[Brandane]

Wth, she was driving without due care and attention! That's why I also reported it on my behalf online.

She may well have been driving without due care and attention, and the circumstantial evidence supports this. But to obtain a conviction in court, which is always the bar for Police to aim at when deciding to charge someone or not, they need more than circumstantial.
Imagine how many officers would be needed if they were to investigate every allegation of careless driving they receive on a daily basis. It's just not going to happen.

 

[vickster]

Indeed. In all likelihood, she’ll get a letter from the police telling her to be more careful in future

 

[SRanger]

My footage shows the car hitting me from behind. It's definitely her fault as many others have said. How can a driver hit someone in front?