Not sure of procedure after collision with a Taxi

[Ferdie]

Hi all,

Last night when I was riding home I was hit from behind on a roundabout by a taxi. He entered the roundabout without checking and giving way. It was evident that attempting to get off at my exit was suicide as he was speeding up behind me and overtaking on the left so I swerved right to avoid him. I also waved my arm out indicating for him to move away from me and get on his way. Instead he turned his car right straight at me and drove straight into my back wheel. I felt the bike being dragged from underneath me and I fell forward over my handlebars as the rest of my bike was dragged underneath the car.

The driver did get out of the car and was entirely apologetic. He checked to see if I was ok and as we were in the middle of the roundabout he moved his car (he had to drive over part of the bike again to get it lose). I know I shouldn't have let him move the car but I was in shock. Both my wheels are warped/snapped in half, the derailleurs are crushed, the pedals are snapped off and the front fork has chunks cut out! The frame looks ok but I cannot tell if it is warped (the car did drive over the entire bike though).

The taxi driver gave me his details (driver number and license) and took a photo of his number plate. I confirmed with him that I had my lights on and that I had right of way and even when he entered without giving way I still made room for him to carry on. He accepted this and said he had a flu and was driving 'under the weather' and didn't see me. He pleaded that I accept £100 as if I reported it to his company his premium will double.
I told him that was not enough to cover my damage and that I'll have to contact his company.

I filed a police report with mixed advice (the helpline said I MUST SUBMIT a report within 24 hours) while the front desk guy insisted that if it is not hit and run it is not a police matter (he tried to tell me that they don't need to issue me with a reference number "and it is not up to insurance companies to dictate what we can or cannot provide"). He still took the form but told me it was 'pointless'.

I was told by the driver's company (Addison Lee) to contact them on Monday when they had their claims people in. They did say that they needed a police reference but it looks like I might not get this according to the guy at the plod station front desk.

I have minor bruising on my right arm and left knee but all I want to do is get my bike fixed.

I've been suggested to contact some of these "no win no fee" companies but as I am not claiming for injuries it looks like I don't qualify. Another cyclist told me that my case looks suspicious as hardly anyone walks away relatively unscathed while the bike is essentially a write-off. So it appears that my good luck in escaping with minor bruising has become a handicap!

Has anyone tried to claim from a large taxi company?

Would I need a solicitor or should I wait for a response?

Also could anyone clear up my mixed advice re: police reports?

Thanks so much guys.

btw

Hi!!!

I'm new!

 

[Dewi]

Sounds like you've had a very lucky escape. I am surprised the Police aren't interest in taking this further as the next cyclist this guy hits might not be so lucky - is he safe to be on the road?

 

[slowmotion]

Hello Ferdie and welcome.

I'm no expert here, and have never had to go through this, thank heavens. You will get a whole load of advice later today on CycleChat. It seems that most people advise cyclists to get in touch with CTC....

http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4461


I'm glad you got off relatively lightly, apart from your bike, alas
..Best wishes.

 

[gaz]

I'm sorry to hear about your incident.
Addison lee are certainly known by all as the worst of the worst.
Are you a member of the CTC? They have lawyers that will help you with your case.
It is suggested that you take photos of your injuries over time and write down now exactly what happened whilst your memory is fresh.

I would consider letting addison lee and the police know exactly what he said. Driving whilst 'under the weather' is no excuse, if you don't think you are fit for driving, don't drive! and trying to bribe you. dodgy!

 

[slowmotion]

Addison Lee. Utter maniacs.

 

[139NI]

From a police point of view, what should have happened is as follows:

Where there is no injury, police do not need to get involved unless the driver of the motor vehicle refuses to give his details - he commits the offences of FAIL TO STOP and FAIL TO PROVIDE.

Your taxi driver stopped;
Police are required to attend where there is any form of injury to either parties. Police should have been called to the scene to report regards to any possible offences and the driver breathalysed. It doesnt have to be a hit and run for police to get involved. If the driver did try to leave, i would obstruct him in doing so and keep him there until police arrive [if practicable] call police again at this point and say "MALE DRIVER IS GETTING AGGRESSIVE AND HAS THREATENED TO HIT ME" - or something similar. That way, police get to you quicker.

If police was called to the scene, you would be given a CAD reference and this would be the one to use for claims. A report would be submitted by that officer with the view of prosecuting him when the report goes to Traffic Police. If need be, ambulance would be called [and i suggeest that you do get seen] and you will get a report. This reoprt will substantiate any civil claim.

hope this answers some of your questions.

regarding civil claim wait for someone to give you advice here - poss if you were a member of CTC etc you could contact them.

Certainly dont accept what amounts to a bribe.

 

[marinyork]

Just relax and let the CTC sort it out. Get better .

 

[Ferdie]

Thanks for your responses.

I am not a member of CTC and I will call them tomorrow.

I was hoping it wouldn't come to solicitors as the driver accepted full responsibility and promised that he will confirm this when I claim from his company (even though he gave me a massive guilt trip about his family etc if I followed that course of action). I was hoping that Addison Lee would rather avoid legal costs and pay out of court.

But this may be unlikely I understand. But what I'm worried about is that the police may not even give me a reference number (as indicated by the front desk officer).

I guess I'll have to wait and see and ride the smelly tube to work again

 

[summerdays]

Why won't they give you a reference number - I got one for simply reporting a parked car on the pavement.

 

[ComedyPilot]

Err.......you were injured, so the police should have been called.

I (as an ex-copper) would have attended, spoken to/statemented (eventually) both parties, breathalised both parties, looked for witnesses/cctv, and submitted a file for driving without due care & attention. Not sure how much can be done now - Vikeonabike might pop on and advise you?

I would have also insisted you get checked out by an ambulance, or hospital.

All this would have been on a police log - invaluable for insurance claims.

Do NOT make up false claims of violence to get the police to attend, but do not let people sweep it under the carpet.

A bruised arm & knee are injuries.

 

[jimboalee]

This is just a by-the-way and you don't have to take any notice of it.

It always pays to have another bike at home and another set of different style clothing.
This is because when the taxi driver comes out of hospital, he will be looking for a cyclist on a different coloured bike wearing different style clothing.

 

[jonny jeez]

Welcome Ferdie, sorry to meet you under such rotten circumstances.

My take is,

1. You were injured

2. I agree with the copper, that it is not up to Addisison Lee to create the law and insist on cad references to facilitate claims, however, if you can, try to beat them at their own game…see point 3.

3. Police will "try" not to get involved as its more trouble than its worth, but as you made the effort and went to them, surely they can oblige with a cad number to facilitate your claim. Perhaps show them the request from Addison lee.

4. Cabbie is a liar...at least treat it as if he were. I truly suspect he was under the influence (not the weather) and is a danger to other road users. you were incredibly luck to escape this incident with your life, let alone no major injury's. Don’t let this "trick" you into not taking it seriously.

5. Buy a small head camera (£40) and strap it someplace on you or the bike next time you ride…it saves so much speculation in the sad even of a collision.

6. Do follow this up with CTC, ( I see you say you are going to, well done)

7. Get better and enjoy looking for a new bike.

Best of luck, hope it doesn’t put you off. If you don’t want to use CTC, check out the “Essential guide for new commuters” link It lists reputable lawyers who act for CTC and who you are able to contact direct if you prefer.

 

[GrumpyGregry]

The same lawyers as work for the CTC will work for you even if you aren't a CTC member

Advice to make up a story to encourage the plod to attend is ill founded. All it does is establish that you are a liar and, in an instant, your credibility is shot.

HIS insurers have no basis in law to insist that YOU report the matter to the plod before deaing with the claim. THEY can insist as part of their contract of insurance that HE reports it though. HIS failure to do so is not, technically, your problem.

It is entirely appropriate to seek to settle the matter without going through his insurance; if he wants to buy you a new bike (which it sounds like you need) and some new cycling clothes out of his pocket that is up to him. However if he then doesn't disclose the accident to his insurers... naughty, naughty.

If there was anyone else who witnessed it; get their details

 

[davefb]

was that 100 quid , or 'fixed bike' + 100 quid ?

did you mention the injurys to the police? is there a 'limit' on what injuries are reportable? after all, your not a doctor so how can you work out if things like knees have got long term damage ?

good luck with the claim though

 

[palinurus]

The frame looks ok but I cannot tell if it is warped

It's almost certainly donald ducked.