Nice end to the story of my recent collision..

[the reluctant cyclist]

Just had a phone call from Rose Road Police station.

I don't know if you remember but I was knocked off in November whilst cycling accross a pedestrian crossing (basically the lights were on red for the traffic and as I crossed one of the cars jumped the lights and knocked me off).

Anyway, the Police have had the driver into the station for an interview - he has admitted full liability and said how very sorry he is and the Police are sending him on an advanced driving course which he is more than happy to go on.

I thought it was good that the Police did something about it - I didn't expect them to and only reported it because I was in a lot of pain the next day and thought I might have to make a claim!

 

[Maz]

Nice to hear from you. You've been away for aaaages. Have you been off the bike since the accident?

(cut to the chase) So how much money did you get from the insurers?

 

[magnatom]

Good outcome! Yes you were a tiny bit naughty, however, he was a big bit naughty! Glad to see that the police saw it that way.

 

[the reluctant cyclist]

I know I shouldn't have been cycling over the crossing - I did admit that at the time - however it was generally agreed on here that my "crime" was a lot less than his of running the red light!

As for the insurers - I haven't put a claim in!

I have not been on here for ages because not been at work for ages - Mother in law died, compasionate leave, funeral, christmas then ill after christmas! Hard work on the bike now after nearly a month off! Still I will survive (just like Gloria Gaynor!)

 

[Chuffy]

If you do put a claim in, it is likely his insurers will claim that you were partially at fault. I hate to say it, but you may get little or no compensation, even with a good solicitor on your side.

If the driver has already admitted full liability then surely he won't have a leg to stand on in the event of a claim being put in?

Glad you pursued it TRC, in my experience Mr Plod has been very helpful and willing to follow up complaints and knock on doors, including the employer's door on one occasion. Very satisfying that one....

 

[Terminator]

Horrible experience.Hope you are okay mate.

 

[HLaB]

Glad your happy with the outcome M8. OK maybe you were a little naughty but his misdemeanor could have been a lot worse.

 

[Muddyfox]

the Police have had the driver into the station for an interview - he has admitted full liability and said how very sorry he is and the Police are sending him on an advanced driving course which he is more than happy to go on.

I bet he is ... It's the car driver thats had the result here !

He has just got away with running a red light without collecting a fine and points on his license and all he has to do is turn up at a driver training session and drive safely on pretend roads ... Result

Simon

 

[User482]

Regarding liability, wouldn't the driver's insurers have to show that TRC somehow contributed to his own downfall? I can see the argument if you got knocked off at night and had very poor lights for example, but as the crossing was on red, the driver surely has no defence?

 

[Tynan]

I'm unsure of how onerous the training is but it seems like a cop out to me, the blokes committed bare faced and deliberate offence resulting in injury and possible death to someone and isn't prosecuted

of course they happy

same thing happened to my bloke, awful driving that could have killed me, witnesses to die for, I asked for prosecution

he gets training

it's bollocks

do what you want, even if you have an accident and injure someone, even if you're caught and bang to rights nothing happens other than a day pissing about in a car pack

does anyone thing they actually don't know how to drive properly?

 

[Bollo]

As I'm finding out with my coming together with a car, the idea of "his insurance will get hammered" is not anywhere near the reality.

If the bike is not insured (I'm not talking about Personal injury or third party cover here) then you have to pursue the driver for the damage to your bike directly with his insurers, and ultiamtely through the small claims court. Even then, the amount of money awarded is not punitive, but only covers consequential loss. In this case, it will only cover the cost of repairing the bike or, if the bike is a write-off, the cost of an equivalent replacement of the same age and condition.

When you're talking injury, that's when the solictors get involved and the claims can get big. There are accepted levels of compensation for specific injuries, but the driver's solicitors can drag things out for months, if not years.

In my case, despite catching the whole thing on camera (driver made a right turn in front of me) I got a letter last week from the police which said they've decided not to take any action.

 

[Arch]

In my case, despite catching the whole thing on camera (driver made a right turn in front of me) I got a letter last week from the police which said they've decided not to take any action.

Good god. I think we've all seen that video, and while it's the sort of crap we see most days (albeit perhaps not with crash consequences), so maybe we get hardened to it, you'd think it warranted something!

 

[magnatom]

Good god. I think we've all seen that video, and while it's the sort of crap we see most days (albeit perhaps not with crash consequences), so maybe we get hardened to it, you'd think it warranted something!

Absolutely! At the very least a few points on his licence!

 

[Tynan]

Bollo, join CTC for £38 and let their legal bods deal with it, they;ll hopefully drive the best deal, know what's claimable and do the leg work, no charge to you

that's what I did, do it now and let them pursue it

I'm claiming a new bike, no apparent problem there, racked up a shoot load of travelling expenses, right down to packets of paracetamol, it al adds up

 

[wafflycat]

I suggest that there's a case for all cyclists joining an organisation such as British Cycling or the CTC. One of the benefits of membership is that you get legal advice and assistance which proves its worth if you are involved in such incidents. This is *not* insurance of the bike.

My husband was the victim of a hit-and-run and via the solicitor appointed to act on his behalf, he received a substantial sum from the Motor Insurers Bureau (MIB). My husband didn't have to to anything other than fill in a detailed form for the solicitor to give the details of what happened.

A friend who was hit by a car pulling out of a driveway, where the police decided to take no action against the driver was helped by being a member of a cyclists' organisation - the solicitor appointed to act on his behalf did all the work and as a result, my friend again received substantial damages without having to do any of the hassle of dealing with the driver's insurance company himself or having to go to court.

Joining the CTC costs an adult £35pa and that includes, amongst other things, £5m third party insurance and the legal assistance.
Joining British Cycling at silver membership level costs £35pa and that includes, amongst other things, £10m third party insurance and the legal assistance.

You do not have to race to belong to BC, just as you don't have to be a cycling tourist to join the CTC.

It makes sense. You know it does. It certainly gives me peace-of-mind to know that in the event of such an incident, I've got a cycle friendly and experienced legal shark to do all the work on my behalf. It's one worry I don't have to worry about if you see what I mean.