Knocked Off

[Scruffmonster]

So, I was knocked off last night. Nothing major, no huge speed involved, only picked up some cuts, scrapes and bruises.

However, I don't know what my rights are/what to do next.

Cliff notes version of the events;

Riding along Stockwell Road, approaching the lights at the junction with Sidney Road ( http://tinyurl.com/bud7yrt ) < Link

There were cars passing me on the right, all in the right hand lane, I was in the left. As I got to the corner, a car pulled across me to take Sidney Road. I was doing a decent clip, pulled as far left as I could, tried to get up on the kerb but due to speed went up it, then down it (it's a sharp corner), my front wheel went under the car, I slammed into it and thats about the end of it. Incident speed was low. 10mph tops. My front wheel is borderline totalled. The rest of the bike is fine.

I'll save the story about the argument that ensued.

I've got a photo of his drivers license, his license plate number and I advised the Police of the incident when I got home, though made it clear that I was advising them as the driver cooperated and I would seek to resolve with him. I also have contact details for a witness.

My offer to the guy was, no police, no insurance, but to go to Brixton Cycles there and then (spitting distance away) and for him to pay to repair the wheel. He said no as he felt that it was my fault and that he'd have to think about it.

Where do I stand on this? Does anyone have experience? I feel that he was at least 90% to blame. The Police said 'It will be up to the insurance company'.

Thoughts?

 

[BSRU]

From your description and Streetview I would say it was 100% the drivers fault. He is in the right lane, probably passed you before his manoeuvre. He has then suddenly turned left from the right hand lane without due care and attention for whatever maybe in the left lane.

 

[steve52]

claim thats what his insurance is for, morally its his duty to avoid you i think leagaly too,

 

[CopperBrompton]

Sounds like his fault, and he was stupid not to accept your offer. Did you get his insurance details? If not, tell the police he didn't provide them and ask them to obtain them for you, then make a claim from his insurers.

 

[Scruffmonster]

From your description and Streetview I would say it was 100% the drivers fault. He is in the right lane, probably passed you before his manoeuvre. He has then suddenly turned left from the right hand lane without due care and attention for whatever maybe in the left lane.

I say 90% as nobody is ever infallible. Had I thrown a glance to my right as I approached the junction I may have averted the situation. I think his actions were 100% of the problem, in a legal sense, but I think I could have prevented it happening myself. I wont beat myself up too much though, as much as we'd like to be 100% responsible for ourselves at all times, we're all guilty of putting a little faith in other road users on occasions. Around Vauxhall, I assume nobody can see me and I'm wary of invisible cars. Straight roads with clear lines of sight... Maybe not quite as paranoid.

 

[Scruffmonster]

Sounds like his fault, and he was stupid not to accept your offer. Did you get his insurance details? If not, tell the police he didn't provide them and ask them to obtain them for you, then make a claim from his insurers.

This is what I said. The witness also said that he'd be foolish to not accept my offer.

All I got was an insurers name... The Police asked for his name, address and licence plate then put me on hold. I presume they ran it to verify...

 

[CopperBrompton]

Had I thrown a glance to my right as I approached the junction I may have averted the situation. I think his actions were 100% of the problem, in a legal sense, but I think I could have prevented it happening myself.

Excellent attitude - you're likely to die of old age in your bed at 103 with that approach.

 

[BSRU]

Did the car indicate?, if it did not then a glance to the right would have probably made no difference.

 

[CopperBrompton]

You can often tell what a car is going to do by it position and path, regardless of indicator.

 

[Scruffmonster]

Wandering off topic a bit...

Fault or no fault, I needed to see what the general concensus was on 'what next?'. Seems to be 'Claim'. That does feel pretty sh1tty to me, but then again, if I was in a leg/arm cast now or worse I'd probably be in a whole different mood.

I've sent him a message advising him that the Police have been informed and he's got the day to consider what he'd like to do. If I get no response, the Police will take the matter up.

I half expected replies of 'Claiming will getyou nowhere without cctv' and such. All I want is a fixed bike at the end of the day.

 

[ohnovino]

If you were to claim against his insurance for just the cost of a front wheel, I'd expect them to just pay up with little argument - it'd be cheaper for them than the cost of investigating it and arguing fault.

 

[BSRU]

Wandering off topic a bit...

Fault or no fault, I needed to see what the general concensus was on 'what next?'. Seems to be 'Claim'. That does feel pretty sh1tty to me, but then again, if I was in a leg/arm cast now or worse I'd probably be in a whole different mood.

I've sent him a message advising him that the Police have been informed and he's got the day to consider what he'd like to do. If I get no response, the Police will take the matter up.

I half expected replies of 'Claiming will getyou nowhere without cctv' and such. All I want is a fixed bike at the end of the day.

With an independent witness you should have no problems, I think the police/CPS regard a witness more important than cctv.

 

[BSRU]

You can often tell what a car is going to do by it position and path, regardless of indicator.

Sometimes yes, but if a car is going in a straight line then suddenly veers to the left your only hope is good brakes and bike control. I think in the situation described the rider should be riding defensively expecting an unexpected left turn and hope the offending vehicle is not too close when they perform the manoeuvre.

 

[Scruffmonster]

I think in the situation described the rider should be riding defensively expecting an unexpected left turn and hope the offending vehicle is not too close when they perform the manoeuvre.

This is fine in principle, but not in practise. We're analysing maybe 5 seconds of incident here from start to finish. We, and 'we' includes Pedestrians, cyclists, drivers, everyone, put faith in each other to not be stupid.

Hindsight is 20/20, 99.9% of the time, people are predictable. You simply cannot ride 17 miles morning and night fearing the 0.01% at every junction, expecting the unexpected and get anywhere fast.

 

[BSRU]

This is fine in principle, but not in practise. We're analysing maybe 5 seconds of incident here from start to finish. We, and 'we' includes Pedestrians, cyclists, drivers, everyone, put faith in each other to not be stupid.

Hindsight is 20/20, 99.9% of the time, people are predictable. You simply cannot ride 17 miles morning and night fearing the 0.01% at every junction, expecting the unexpected and get anywhere fast.

I should have written more defensively than usual, always around junctions and such it is wise to be a little more defensive generally meaning brakes covered.
It was more of a general comment when riding in the inside lane with a left turn approaching.