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Nice end to the story of my recent collision..

Discussion in 'Commuting' started by the reluctant cyclist, 16 Jan 2008.

  1. the reluctant cyclist

    the reluctant cyclist Über Member

    Location:
    Birmingham
    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! ;)
     
  2. Regulator

    Regulator Political refugee. Fan of Adrian.

    A very good result - as, unless it was a toucan crossing, you shouldn't have been cycling across a pedestrian crossing.
     
  3. Maz

    Maz Guru

    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?
     
  4. magnatom

    magnatom Guest

    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. ;)
     
  5. OP
    OP
    the reluctant cyclist

    the reluctant cyclist Über Member

    Location:
    Birmingham
    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!)
     
  6. Regulator

    Regulator Political refugee. Fan of Adrian.

    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.
     
  7. Chuffy

    Chuffy Veteran

    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...;).
     
  8. Regulator

    Regulator Political refugee. Fan of Adrian.

    'Fraid not. There's a big difference between criminal and civil liability. One doesn't necessarilly lead to the other.

    Also, even if he admits liability, the fact that TRC was also at fault (by cycling on a pedestrian crossing) means that any award in likely to be significantly reduced. It may sound unfair but that is the way the system works, I'm afraid.
     
  9. Horrible experience.Hope you are okay mate.
     
  10. Glad your happy with the outcome M8. OK maybe you were a little naughty but his misdemeanor could have been a lot worse.
     
  11. Muddyfox

    Muddyfox Veteran


    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
     
  12. ransos

    ransos Usual suspect

    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?
     
  13. Tynan

    Tynan Veteran

    Location:
    e4
    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?
     
  14. Regulator

    Regulator Political refugee. Fan of Adrian.

    Unfortunately not. The fact that the driver broke the law goes against him in a civil claim - but TCR will be judged to have contributed to the incident by illegally cycling on a pedestrian crossing. Insurers will use every excuse to avoid paying our or to limit any payout.
     
  15. Bollo

    Bollo Gas Giant Staff Member

    Location:
    Winch
    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. :becool: