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How far would you go

Discussion in 'CycleChat Cafe' started by classic33, 20 Sep 2007.

  1. classic33

    classic33 Legendary Member

    Hit by a car 2 & half years ago, still pursuing the driver. It wasn't his car.
    He gave a false address to the Police.

    In the first few months following I got the following:
    Name & address of the owner.
    Insurance status & tax(VED) status of the vehicle on the night.
    Correct address for the driver. Having proved that the one given didn't exist.
    A wheel clamp. Still unused.
    A telling of from the Police because of what I was doing.I was doing their work. So leave it to them. They weren't doing much (or so it appeared). I was just a pedal cyclist to them.


    Am I alone in going this far to get the driver to acknowledge what happenned & make him or his insurance pay for the damage caused.
    Wheel clamp held in reserve to deny him the use of his vehicle. That was my intention when getting it, it still remains an option.
     
  2. Twenty Inch

    Twenty Inch New Member

    Location:
    Behind a desk
    I think i'd go as far as you. But I also think you've gone as far as you can on your current course.

    You may find it useful to check your local force's policy documents on traffic incidents, dangerous driving etc. Often they'll say that they'll only proceed if there's a reasonable basis of a conviction. Sounds like you have that, so maybe your approach should be to quote their policy back at them, cc your local MP, council police liason officer and Chief Constable. You'll only get the coppers to do something when the cost of doing nothing is higher than the cost of doing something.

    I take it you are keeping records of every copper you talk to about this?
     
  3. girofan

    girofan New Member

    Classic, do you belong to a professional association or union? They ususally have retained solicitors, who will act on your behalf free of charge.
    They might advise taking a civil action against the driver!
     
  4. Amanda P

    Amanda P The CycleChat user formerly known as Uncle Phil

    Sounds like the one thing you haven't done is to bring a small claims court action. Hopefully Patrick or someone will chime in here, but it's my understanding that, if you know who to claim against, you can bring a small claim against them. If they lose, or if they fail to turn up at court in response to the summons, the county court can, ulimately, send in bailiffs to seize goods to the value of your claim.

    You probably have to pay some sort of fee to make a start, and if you don't want to hire a solicitor (or can't call on your union or CTC to provide one), you'll have to do some work on it, but it might get your costs covered at least.

    If succesful, you might be able to use this to shame the police into some sort of action? At the very least, giving a false address to the police is some sort of offence isn't it? - even if he wasn't guilty of anything else.
     
  5. Globalti

    Globalti Legendary Member

    Congratulations on your persistance and your resourcefulness. In the same situation I would love to do the same as you but doubt I would have the energy.

    You will now need to convince the Police that they have a reasonable chance of making a prosecution stick with the evidence you have.
     
  6. gbb

    gbb Legendary Member

    Location:
    Peterborough
    I wouldnt give up if it wasnt causing me stress or aggro.

    I would have thought (in my limited knowledge of these things) there are a couple of options.

    1. The car that hit you was insured, although the supposed driver wasnt. Is that enough to claim from the insurance.
    2. Insurance companies have a fund (for want of a better word) to allow third parties (you) to claim against uninsured drivers.
    3. Criminal injuries compensation ? I believe you can claim, even if the 'assailant' is unknown.

    Someone feel free to pull these to pieces, i'm no expert, but perhaps worth a look.

    Hope you get some kind of result in the end.
     
  7. OP
    OP
    classic33

    classic33 Legendary Member

    Every intention of taking it to court, solicitor via the CTC. Why should he get away.
    But the one thing that has got me from the start is the action! of the Police in this. Two vehicles involved, but mine didn't apear to count because it was a bike. Formal requests for driver details ignored. Written complaint in sent to West Yorkshire Chief Constable.

    Twenty Inch. Will look into your suggestion of the force policy & let you know the outcome. Odd how someone else will suggest something you never thought of.
     
  8. twentysix by twentyfive

    twentysix by twentyfive Clinging on tightly

    Location:
    Over the Hill
    If you aren't stressed by all of this keep going :o). The barsteward shouldn't get away with it :blush:. But I think the wheel clamp might get you into trouble :smile:. So sell it on e-bay. :biggrin: