Just thinking

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It's a collision and the driver has a duty under the Road Traffic Act to stop, report and exchange details. The definition under the road traffic at doesn't require contact in the collision, it just requires that it happened "due to the presence of the motor vehicle on the road". If they didn't stop or refused to give details report it to the police.

The exact thing happened to my father in law. Luckily he runs with a camera so had the registration and evidence needed.

The definition of accident is deliberately wide reaching. For example, both the OP's and @ianrauk examples require the driver to atop and exchange. The issue of who was at fault and who should pay is, as always, for court to decide if the participants can't agree, and for what it's worth I would agree that in Ian's example the car driver shouldn't pay anything - but they are still legally obliged to stop and exchange!
 

vickster

Squire
In the OP, we don't even know if the driver was aware of the cyclist coming off if they were already away. Yes, they should look in their mirror in an ideal world but if moving forwards, they may well be looking in that direction (especially if they hadn't been aware of the cyclist coming)

@Cuchilo more details please :biggrin:
 
OP
OP
Cuchilo

Cuchilo

Prize winning member X2
Location
London
In the OP, we don't even know if the driver was aware of the cyclist coming off if they were already away. Yes, they should look in their mirror in an ideal world but if moving forwards, they may well be looking in that direction (especially if they hadn't been aware of the cyclist coming)

@Cuchilo more details please :biggrin:
But you lot are having such fun making it all up :laugh:
Ok, I was sat in traffic boooooooooooooooooooo and a car a few in front decided he would make a short cut to the right . The road was clear of cars so he jumped a few cars on the wrong side of the road and turned right . As the car disappeared up the road I saw a cyclist on the floor . I had the window open and didn't hear anything to suggest a crash . The driver did stop and after the cyclist ran up the road a bit after him the driver walked back with the cyclist . The driver was giving the body language as if it was nothing to do with him as far as I could see .
It got me thinking about things hence the question .
 

400bhp

Guru
I did actually saw similar happen on a commute a few years back. Cyclist just going that little too fast for the conditions. Over took me, traffic started slowing down. Car in front seemed to stop a little suddenly. Cyclist locked his brakes and went down, didn't hit the car. Jumped up and started shouting and mouthing off at the driver saying it was her fault, she'll pay for damage etc. I stopped and said that it wasn't the drivers fault rather then his as he was going too fast and that he should learn to read the conditions. He sheepishly got on his way. At the next junction I caught up with the car driver and said it was no way her fault and that some cyclists really aren't very good.

I have to admit that I did something similar about a year ago.

I was gunning it along the A56 not far from where I live in a reasonably busy line of traffic (c.25mph I guess). It's two lanes and the traffic slowed on the left. I darted out into the right lane and the driver in front did the same. Braked hard and went arse over tit. Driver got out and was really apologetic, said he hadn't seen me. I just said don't worry about it, it was 50/50. Reality was, I was cycling too close behind him so it was natural he wouldn't have seen me move in that split second. Luckily nothing damaged apart from ripped bar tape (which I still have on the bike, fixed with a bit of electrical insulation tape).

You're never to old or experienced enough to learn.
 
I was once on a roundabout with a dual carriageway entry on my left; the car on the outside lane of the d/c gave way to me and there was a queue of about 5 cars behind them. Fortunately the roundabout is on a slope, so I was in an elevated position and able to see a car in the inside lane undertaking them. I chose to take avoiding action rather than go for over the bonnet action ; I put skidded round and dumped the bike on its side so if there was contact, it was my wheels and not my body. So technically there was no real contact (just my tyres against his car but not enough to damage either) but I felt it was his fault, as did he and the dozen witnesses. I never pushed it though, I was just glad to be alive; I wonder how authorities would of handled it :-/
 
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