Hit from behind by car - advice please!
- Thread starter Alaskan Rob
- Start date
Page may contain affiliate links. Please see terms for details.
Twenty Inch
Guru
- Location
- Behind a desk
Origamist said:
Actually police now routinely look at mobile phone use after motor accidents, and on the back of the self-reporting form, mobile phone use is listed as one possible aggravating factor.
Sorry to hear about your accident. As people have said, join CTC and get them on the case. Keep records of absolutely everything - injuries, time off work, money spent on buses and cabs, clothing damaged, medical appointments, conversations with solicitors or insurance companies, witness statements and details - everything. If he's uninsured, it'll take several years to sort out.
Origamist
Legendary Member
Twenty Inch said:
Yes, it was added to the Stats 19 form. However, as there is no evidence from the OP that the guy was on a mobile, and assuming the driver said he wasn't on his phone - and no witnessess contradict him - the police are not (or are very unlikely) to pursue this one line of enquiry for the minor RTA that is being discussed. If you've recently completed a Stats 19 form you know there are dozens of contributory factors listed...
Twenty Inch
Guru
- Location
- Behind a desk
Origamist said:
Yes, in general I agree with you, I was pleased to see it on the back of the form, and for the SRO to tick it based on the fact that I'd seen a mobile in the driver's hand during the incident. The OP doesn't mention it though, you're right.
Alaskan Rob
New Member
Hi all,
Thanks everyone for the replies, lots of brilliant advice. I'm off work today as the hospital was right, it does hurt even more 48 hours later! I wasn't a member of CTC so I've given Bikeline a call, very friendly, details taken and they're going to call me back later today.
In terms of witnesses and so on I overheard bystanders telling the driver "no mate I saw you hit him", but i was just concentrating on lying still and so looking up at the sky on my back, so don't know who they are, and I could barely mumble anyway. I'm hoping the 4 Police officers who turned up will have their details. I checked his reg against that insurance database and it comes up as not covered.
I just really want him to face some kind of justice, he was just such an idiot, denying he hit me (my back wheel clearly disproves this), and at first telling people not to call the Police.
I know in the scheme of things this may be treated as a minor collission - while I still have major road rash, bruised and bloodied chest, elbows, forearms and kneecaps (having to walk round with straight legs as too painful to bend them!), and a killer headache still almost 48 hours later - I could easily be one of those fatal collsion info request signs and I'm not.
But I just don't see how he could have done what he did - he just drove straight into the back of me as I was moving along at 15mph on a near empty road in perfect conditions - unless it was deliberate, or he totally didn't see me as he was distracted by a mobile or sat nav, etc (texting was my immediate thought but I obviously didn't see him coming at all (he would have been directly behind me) so I have no evidence, maybe an eyewitness will have seen). Even if he had seen me and attempted to pass, misjudged it and clipped me on the side I could get my head around it and accept it more, but he just smashed squarely into the back of me at high speed as I was moving along.
As I say first time I've ever had an accident - despite cycling 8 miles into central london most days for the last few years - I naively assumed that if i had an accident it would be being clipped from the side, or a car pulling out on me and going over the bonnet, so I might be able to see it coming and prepare and control or mitigate the fall in some way. This was just scary as I had no warning or control whatsoever, it was just bang, I've been hit at considerable speed from behind as I cycle along, I'm catapulted forwards, then I'm lying on the road, can't remember the impact at all. All my injuries suggest I landed on my front, but I came around on my back.
But again, a big thank you to everyone for taking the time to reply.
Rob
Thanks everyone for the replies, lots of brilliant advice. I'm off work today as the hospital was right, it does hurt even more 48 hours later! I wasn't a member of CTC so I've given Bikeline a call, very friendly, details taken and they're going to call me back later today.
In terms of witnesses and so on I overheard bystanders telling the driver "no mate I saw you hit him", but i was just concentrating on lying still and so looking up at the sky on my back, so don't know who they are, and I could barely mumble anyway. I'm hoping the 4 Police officers who turned up will have their details. I checked his reg against that insurance database and it comes up as not covered.
I just really want him to face some kind of justice, he was just such an idiot, denying he hit me (my back wheel clearly disproves this), and at first telling people not to call the Police.
I know in the scheme of things this may be treated as a minor collission - while I still have major road rash, bruised and bloodied chest, elbows, forearms and kneecaps (having to walk round with straight legs as too painful to bend them!), and a killer headache still almost 48 hours later - I could easily be one of those fatal collsion info request signs and I'm not.
But I just don't see how he could have done what he did - he just drove straight into the back of me as I was moving along at 15mph on a near empty road in perfect conditions - unless it was deliberate, or he totally didn't see me as he was distracted by a mobile or sat nav, etc (texting was my immediate thought but I obviously didn't see him coming at all (he would have been directly behind me) so I have no evidence, maybe an eyewitness will have seen). Even if he had seen me and attempted to pass, misjudged it and clipped me on the side I could get my head around it and accept it more, but he just smashed squarely into the back of me at high speed as I was moving along.
As I say first time I've ever had an accident - despite cycling 8 miles into central london most days for the last few years - I naively assumed that if i had an accident it would be being clipped from the side, or a car pulling out on me and going over the bonnet, so I might be able to see it coming and prepare and control or mitigate the fall in some way. This was just scary as I had no warning or control whatsoever, it was just bang, I've been hit at considerable speed from behind as I cycle along, I'm catapulted forwards, then I'm lying on the road, can't remember the impact at all. All my injuries suggest I landed on my front, but I came around on my back.
But again, a big thank you to everyone for taking the time to reply.
Rob
What everyone else said.
We've had some interhuffs on this forum about the attitude of the police to incidents like these and things can get quite heated. I REALLY don't want to hijack your thread to start that off again, but I think we'd all be interested to see how plod treat this one.
Now my 0.02 euros. IF the police decide to take no action against the driver (i.e. he was taxed, insured, sober and didn't kill you) then definitely go down the solicitor route. HOWEVER, you are now in the realms of loss management, risk adjustment and blame-trading.
The key thing to remember is that, if you take a civil action, a court or insurer cannot punish the driver, they can merely define (and argue about) the value of actual losses incured. With injuries the numbers can get quite high, but they will only ever reflect an insurance company's or court's value for that injury.
Also, insurance companies do not do 'fair'. Not wearing hi-viz? They'll claim contributory negligence. No helmet (even if there are no head injuries)? Negligence. Clip-in pedals? No reflectors? Guess what? It doesn't matter about rights and wrongs, they'll try and reduce the payout.
You'll win these arguments, but the point is that you and/or your solicitor may be forced to fight them in the first place. A good solicitor will insulate you from as much of the grief as possible.
I know I sound like the pessimist but its best to be forewarned and, in the end, its the right thing to do.
We've had some interhuffs on this forum about the attitude of the police to incidents like these and things can get quite heated. I REALLY don't want to hijack your thread to start that off again, but I think we'd all be interested to see how plod treat this one.
Now my 0.02 euros. IF the police decide to take no action against the driver (i.e. he was taxed, insured, sober and didn't kill you) then definitely go down the solicitor route. HOWEVER, you are now in the realms of loss management, risk adjustment and blame-trading.
The key thing to remember is that, if you take a civil action, a court or insurer cannot punish the driver, they can merely define (and argue about) the value of actual losses incured. With injuries the numbers can get quite high, but they will only ever reflect an insurance company's or court's value for that injury.
Also, insurance companies do not do 'fair'. Not wearing hi-viz? They'll claim contributory negligence. No helmet (even if there are no head injuries)? Negligence. Clip-in pedals? No reflectors? Guess what? It doesn't matter about rights and wrongs, they'll try and reduce the payout.
You'll win these arguments, but the point is that you and/or your solicitor may be forced to fight them in the first place. A good solicitor will insulate you from as much of the grief as possible.
I know I sound like the pessimist but its best to be forewarned and, in the end, its the right thing to do.
+1 What bollo says. Unfortunately he has some experience in these matters.
I'd keep chasing up the police as well. If you don't keep an eye on them things can go missing etc.
Good luck with this and keep us informed.
Of course it would be great if you stick around and get chatting about other stuff as well. We are all pretty friendly (just avoid the politics section!) as well as being full of invaluable advice!
I'd keep chasing up the police as well. If you don't keep an eye on them things can go missing etc.
Good luck with this and keep us informed.
Of course it would be great if you stick around and get chatting about other stuff as well. We are all pretty friendly (just avoid the politics section!) as well as being full of invaluable advice!
Origamist
Legendary Member
Alaskan Rob said:
The police should have the contact details of the witnessess.
The type of incident you describe is particularly nasty, but is thankfully rare (although I know that's of no consolation when your head hurts and your scabs start to itch). If he wasn't distracted, it sounds like a " failure to look properly".
I was once involved in a rear end collision, but that was due to the driver falling asleep at the wheel!
As the driver has already lied, expect more of the same - i.e you were swerving in the road, he was dazzled by the sunlight (even if the sun was behind him!) etc.
Let us know how things progress and I hope you make a full recovery.
CopperBrompton
Bicycle: a means of transport between cake-stops
- Location
- London
(Duplicate posting)
CopperBrompton
Bicycle: a means of transport between cake-stops
- Location
- London
The good news is that the driver is claiming one thing (you hit the kerb) while the evidence (damaged rear wheel) shows the opposite, so his credibility is zero. That should definitely help a lot.
Ben
Ben
