Got hit by a car from behind, bike ok, sore back, advice needed please

[fossyant]

Ideally, you need to report 'accidents' to the Police in 24 hours. Yes you can get the fob off, but you'll get asked for 'police reference number' at some point in the claim process, and it's usefull if things get sticky.

 

[cyberknight]

Hope your all ok and the bike is ok as well.


I think fossy has covered it all , document everything and get you and the bike checked out .

 

[Matthew_T]

I'm confused as to when to report an incident to the police. I always understood that, if there were injury or injuries, the police had to be contacted and all parties were required by law, to stay at the scene. When did it become the responsibility of those involved to assess what is a serious injury and what is not?
Several have said they "went to A&E later that evening" or "reported the incident a day or two after it happened".
If I was involved in any collision where anyone was injured, I would rather have the police attend for everyone's protection, including mine. So what is the law/advice for when to request police attend the scene? Is it only if an ambulance is called?

If I were involved in a collision where I was slightly injured, I wouldnt expect the police to attend unless I felt that someone had either broken the law or I was in danger.

The purpose of the police is to enforce the law. In the case of the OP, it sounds like he was rear ended by a driver who wasnt looking ahead and was concentrating on the traffic on the roundabout. As the OP hit his back, an ambulance should have been called as he could have had spinal injuries. Unless the OP was in danger, or the driver didnt stop or give details, there was no real need for the police to attend.

By the sounds of it, the OP is healing well and doesnt have any major injuries. However, when I have reported anything (even a non collision) then I have been advised that it needs reporting within 24 hours. If it is impossible to do so, then report as soon as possible.
The woman on the phone probably had all the facts in front of her (all lines are busy) but she should have persitited that the OP stays on the line to report it, not to just let him hang up. There had been a collision and injuries were sustained, who is she to be able to tell if they are serious or not? He could have internal bleeding which could lead to death in the long run.

I would follow the advice given by fossy above with regards to taking details and notes of everything. You need to make sure that you are covered. Also note the times and dates of when you contacted the police. As you could possibly take actions against them for neglect of your safety.

 

[evilkitten]

You will probably need a solicitor as the police won't give you the driver's details, insurance etc, citing Data Protection which is what Cambs Police did to me, they refused point blank to tell me who the driver's insurance company was despite me being injured. It turns out they do this so they can charge a lawyer £80 for requesting this. Sorry but B*"&"£=s!

Point Cambridgeshire Police at the Data Protection Act 1998, s35(2), which exempts personal information where it is needed for legal action (including prospective legal action).

 

[classic33]

If I were involved in a collision where I was slightly injured, I wouldnt expect the police to attend unless I felt that someone had either broken the law or I was in danger.

The purpose of the police is to enforce the law. In the case of the OP, it sounds like he was rear ended by a driver who wasnt looking ahead and was concentrating on the traffic on the roundabout. As the OP hit his back, an ambulance should have been called as he could have had spinal injuries. Unless the OP was in danger, or the driver didnt stop or give details, there was no real need for the police to attend.

By the sounds of it, the OP is healing well and doesnt have any major injuries. However, when I have reported anything (even a non collision) then I have been advised that it needs reporting within 24 hours. If it is impossible to do so, then report as soon as possible.
The woman on the phone probably had all the facts in front of her (all lines are busy) but she should have persitited that the OP stays on the line to report it, not to just let him hang up. There had been a collision and injuries were sustained, who is she to be able to tell if they are serious or not? He could have internal bleeding which could lead to death in the long run.

I would follow the advice given by fossy above with regards to taking details and notes of everything. You need to make sure that you are covered. Also note the times and dates of when you contacted the police. As you could possibly take actions against them for neglect of your safety.

There was every reason for the police to attend a road traffic incident. Would you expect them to attend if the person injured was driving another motor vehicle.

Are you saying its legal to collide with another road user?

 

[dave2041]

There was every reason for the police to attend a road traffic incident. Would you expect them to attend if the person injured was driving another motor vehicle.

Are you saying its legal to collide with another road user?

It is a funny one,... I went to the police station and they basically told me to contact the driver with a bill of any repairs i make/the shop makes. They said she didn't have to give me her insurance details (which she didn't) and it will become a matter for the small claims court if she doesn't agree to pay for the damages/claims not to have done it at all etc.

 

[Matthew_T]

There was every reason for the police to attend a road traffic incident. Would you expect them to attend if the person injured was driving another motor vehicle.

Are you saying its legal to collide with another road user?

If it isnt then it should. As long as you exchange details, then there is no need for the police. What are they really going to do when they attend? They will take an account of what happened and take everyones details. Which is exactly what you can do on your own. If the other party doesnt stop or refuses to give details, then the police do need to attend.

 

[Cubist]

David
You have complicated matters by telling them you weren't seriously injured. It doesn't make a shoot of difference whether the injuries are serious or slight. You were injured. At that point the driver was obliged by law to give you her reg number, her name and address and the name of her insurance company. If she didn't she has broken the law. The police should have recorded the incident when you reported it. You were injured. Never downplay injuries cos your meds are helping, as you have given the idle call-taker the option to fob you off.

Go back, speak to a supervisor, and insist that the accident is recorded, and if you have her name and address point out tothe police that she has failed to give you her insurance details. They should take an interest.

 

[fossyant]

Deffo get it at least logged. I just said well it needs recording... That said, you don't necessarily need the insurance these days, but you will need a solicitor. My solicitor sorted the insurance side. Oh and for piece of mind, run the reg through askmid web site, google it. Tick 'you own car' and it will tell you if insured. PS don't worry the web site has advertised itself loads on radio etc recently. It wasn't for some time though.

Are you a member of BC, CTC ?

 

[classic33]

If it isnt then it should. As long as you exchange details, then there is no need for the police. What are they really going to do when they attend? They will take an account of what happened and take everyones details. Which is exactly what you can do on your own. If the other party doesnt stop or refuses to give details, then the police do need to attend.

At an accident/incident none of those directly involved will be in the best frame of mind. You may be unwilling to speak to the other party, they may be unwilling to speak to you. Insurance companies will always say don't admit liabilty at the scene.Each party involved can acuse the other of twisting what they said.

The incident was serious enough to warrant the attendance of an ambulance & crew. Why not the police. Unless policing has changed isn't it down to them to decide which if any law(s) were broken. Whom by, and from that work out the guilty party/parties & decide the necessary action to be taken. They also act as impartial statement takers, taking both sides of the story. If the other party doesn't feel like waiting to "swap details" & you didn't have the registration, or witnesses, then its a bit late asking for them to attend.

As I said, I've been there. So what I'm using is what was used on the night, and after, by myself. I'll turn this round at you and ask this. How do you stop someone who has just collided with you, leaving you on the road, not in the best of ways, from doing anything further to you. A driver who when he approaches you tries to get you to put the phone down, slurring his words because he's been on the drink. He's also approaching with something in his hand. Turned out to be a half empty/half full bottle. "Insisting" he doesn't want the police. He will later go on to fail the roadside breath test & as his last line of defence(excuse), before the court hearing was due, claim that he in fact thought you were a bus & was therefore safe to pull out onto?

I'll try to answer one question before you ask. The handset in use that night has an alert key, press that & the call is made. So only the one button to press to get the call made.

 

[CopperCyclist]

Exactly what Cubist said.

As a side note, if the Road Traffic Act is complied with, and the required details are exchanged, there's no legal requirement to HAVE to call the police... however, police advice is to call us in all injury RTCs when they happen. That way if injuries turn serious later we have had the opportunity to gather evidence at the scene.

 

[classic33]

It is a funny one,... I went to the police station and they basically told me to contact the driver with a bill of any repairs i make/the shop makes. They said she didn't have to give me her insurance details (which she didn't) and it will become a matter for the small claims court if she doesn't agree to pay for the damages/claims not to have done it at all etc.

Don't get any repairs done at this stage. Get the bike assessed by a qualified person, not yourself in your present state. I saw very little wrong with my bike, but lacked the equipment to fully check the bike over. Turned out there were slight cracks to the frame, that I'd missed.

Your vision is going to be blurred slightly for a few weeks, if you hit your head. This due to the impact the brain took against the skull. It will slowly stop moving within your skull over a period of time. At present it will be "bouncing around" inside the skull, and its partially that movement which is blurring your vision. You may have hit only one side of your head, the brain has hit both sides. If you hit the back of your head on the bonnet, your brain will have hit the back & then the front with equal force. Helmet or not.

Painkillers will also be dulling the pain. But if you can still feel pain in area affected whilst taking the painkillers, imagine what that pain would feel like if you stopped taking them!

 

[boydj]

My advice to anyone hit by a car and injured in any way is to stay down - as long as you are in a safe place - and wait for police and ambulance. If you've been hit, you'll be full of adrenaline and unable to properly assess your injuries.

For the OP, +1 on getting the bike assessed and the incident properly recorded by the police - you were injured.

 

[dave2041]

OK I am taking the bike to my LBS today and will report the incident properly later.

Feeling much better for the record, but i'm still taking the medication so who knows.

 

[dave2041]

OK so bike shop have looked her over and i'm glad i went! Both wheels are buckled, rear more than front... Rerailer is bent, jumped into wheel in lowest gear :/ £190 total.

Will report to police to get a number then cycleline to see what's next. Hopefully the driver will see sense and pay for it without involving insurance.