Right Hook - Advice

Discussion in 'Commuting' started by dhd.evans, 9 May 2019.

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  1. numbnuts

    numbnuts Legendary Member

    Location:
    North Baddesley
    Come on we all make mistakes, he is doing the right thing by paying up and it's not them and us as most of us do drive and we all make the wrong judgement sometimes in our lives, live and let live.
     
  2. glasgowcyclist

    glasgowcyclist Charming but somewhat feckless

    Location:
    Scotland
    Wow.

    Nothing to say about the driver's deception and law breaking.
    That's quite something.

    Why are my actions despicable (with no supporting argument from you) yet the dishonest driver gets a free pass?
     
  3. Markymark

    Markymark Guest

    I’ll bet one of my cars that the crash wasn’t a one off mistake but one of thiusands of decisions of entitlement and poor road judgement. The only difference was that this time the vulnerable road user didn’t dive out if the way in time. Drivers are allowed a certain number of these incidents until they accumulate enough ooints to ban them (most of the time). However that only happens if reported. Else he gets away with it. No sympathy. Should have reported it.
     
    Electric_Andy, classic33 and steve292 like this.
  4. T4tomo

    T4tomo Veteran

    Ignoring all the self righteousness bickering that has descended......
    Do make sure that covers everything as you only have one shot at this. Check for minor scratches, ripped clothes etc, is truing ok for wheels or should it be new ones? If bars and stem are shagged, are you sure your brifter levers are OK?
     
  5. You need to report the accident. If not for your sake, you need to do it for the sake of others. The video is down so I havent seen it, but from the comments its the same scenario as the guy that hit me.

    i don't really see what the arguement is here. The Law is the Law, and the Law says you must report an accident involving an injury https://www.askthe.police.uk/content/Q894.htm

    I will put this bluntly, and I mean no offence, but you would be foolish not to go down the correct channel re reporting and insurer. If he is already breaking the law by being uninsured or untaxed/ no MOT what makes you think he will do the right thing by you?
     
    burntoutbanger likes this.
  6. Pale Rider

    Pale Rider Guru

    In the example of accepting the cash settlement you have made an agreement.

    You should stick to it.

    Anything else is stroke pulling dishonesty.

    You also misunderstand the role of the insurance company.

    They are not there to punish, they are there to make sure the policyholder can meet his liabilities, particularly to a third party.

    In this case - assuming he pays - the policyholder has met his liabilities from his own resources.

    If you want the driver punished, you should report the matter to the police.
     
  7. But by not reporting it the driver is breaking the law. And if you, the cyclist are injured I believe you are legally obliged to do so as well. It's not a question of punishment more of following the law. The CPS decide on punishment, its not a decision for the cyclist.
     
  8. glasgowcyclist

    glasgowcyclist Charming but somewhat feckless

    Location:
    Scotland
    An agreement to do what?
    Oh, one of those nudge nudge, wink wink agreements?

    If I made any agreement it would be to not pursue the outstanding recompense for injury and damaged clothing. Considering the potential for the injury payment to exceed everything else I'd say he's getting a bargain.

    The agreement would not include my being party to his deliberate failure to make his insurer aware of a notifiable event.

    I do not misunderstand.
    An insurer is in the business of covering liabilities for a premium. That premium is based on risk. You want a driver who may be considered a higher risk, and therefore attracting a higher premium or even a refusal of cover, to benefit from breaching his contract by deceiving his insurer.


    I'm glad you mentioned that because I would most definitely have reported the incident to the police. Of course, this ought to turn out to have been superfluous because the driver will have already reported the collision himself, as required by law, won't he?

    Since you haven't disputed the summary in the second last paragraph of my previous post then I will take that as acceptance of my observations. Frankly, this is somewhat disappointing. I enjoy your posts on procedural matters within the justice system which show a knowledgeable insight into the application of the law. I can't then quite understand why you seem happy in this case for a driver to break the law.
     
    Pumpkin the robot likes this.
  9. Phaeton

    Phaeton Guru

    Location:
    Oop North (ish)
    Which law?
     
  10. Pale Rider

    Pale Rider Guru

    It's reasonable to decline any private deal and go through the insurance.

    What is not reasonable is to accept a private deal then tell his insurer as an act of vengeance.

    We also don't know what the driver has done.

    If it were me, I would be inclined to pay the £135 and tell my insurer what I had done.

    Premiums are not the most open of books, but I reckon a notification/no claim would not count against me as much as a paid claim.

    Nor would I be that fussed if the cyclist wanted to claim on my insurance, since I believe the occasional paid claim doesn't have a great impact on premiums.
     
  11. Slick

    Slick Veteran

    I think you make a great point and mirrors my limited experience in such matters.

    Not the exact same but it does remind me of the time I drove in to a 24 hour Asda car park late at night and my wife went in to pick up a few things. I watched a group of young boys walk to an old car and just knew something was going to go wrong. He reversed straight into my car and long story short, admitted liability but as he drove away again I felt suspicious so toom a photograph of his car and realised he had thise number plates that reflect light back to beat the speed cameras so I knew I was dealing with someone not to be trusted. I sent him a text and he answered apologising for hitting me and promising to make it right. Almost inevitably, my insurance company called me accusing me of hitting him and were really quite unhelpful until I forwarded his text and the photo showing the reflective number plate and everyone soon changed their tune.

    I know it's not quite the same but the principle you describe as everyone has to protect themselves is definitely valid.
     
  12. glasgowcyclist

    glasgowcyclist Charming but somewhat feckless

    Location:
    Scotland
    www.legislation.gov.uk/ukpga/1988/52/section/170

    Of course, this assumes that the driver in this case did not produce his certificate of insurance to the OP at the time, a reasonable assumption given the driver's reported reaction.
     
    steve292 likes this.
  13. DCBassman

    DCBassman Veteran

    Location:
    Tavistock
    No. He isn't.
     
  14. Phaeton

    Phaeton Guru

    Location:
    Oop North (ish)
    Big assumption, not at all reasonable, Thank you for the link I was well aware of that, I missed a couple of the earlier replies so I presumed it referred to being a law about reporting it to your insurer, not the Police
     
  15. numbnuts

    numbnuts Legendary Member

    Location:
    North Baddesley
    Another one that want to see him crucified :rolleyes:
    Well if your without sin you can cast the first stone........yeah thought not
     
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