Right Hook - Advice

[mjr]

Only 'nowhere else to go' due to the excessive speed. If DHD had considered the situation (wet road, single lane highway, junction and other road users) and heeded the 'SLOW' warning that was painted on the road in big, white, well defined letters, he would have had a lot more time to think through the situation. The driver would also have had more time to spot him.

I suspect it wouldn't matter how much time that driver had because he wasn't looking properly and kept turning long after DHD was visible.

And that's still making various assumptions about the speed. The meaningful question is whether it was a reasonable speed. I felt it was, but there's always someone on this site saying one could cycle slower or use another route and get up earlier or get home later in order to accommodate the extra time needed.

[...] but it would seem the vehicle was showing many of the signs that suggest it was about to turn, and me personally having just entered the scene at that kind of speed from around a hidden bend would be wondering if the driver had seen me. Assuming they had would be a mistake.

And yet it's a "mistake" that motorists make often.

Was it "a hidden bend"? I don't remember a reverse-angle shot other than the one from inside the turning.

"About to turn" is not the same as "turning" and I would expect most experienced cyclists to have discovered that slowing for motorists "about to turn" sometimes encourages them to turn across you regardless - it could equally be that DHD's slowing/braking encouraged the Merc driver to turn, although I still think it's more likely that they didn't see him because they were looking only for motor vehicles.

Anyway, we can't really discuss this until the cows come home because tough questions just get cut out and left unanswered.

 

[dhd.evans]

£135 for repairs. Bike is miraculously intact. New bars, tape and stem plus wheel truing. Chap should be chuffed to rocks with that!

 

[Poacher]

£135 for repairs. Bike is miraculously intact. New bars, tape and stem plus wheel truing. Chap should be chuffed to rocks with that!

Pedals OK then? Interim report stated they were "knacked".

 

[classic33]

I for one was suggesting doing it legally , for reasons @glasgowcyclist points out above and because,... well … I guess because its the right thing to do, not that doing the right thing seems to count for much anymore, but maybe that's just me.

I went down the insurance route because of roadside result on the night. I'd assumed it would be pretty straight forward, for a week, then it went pearshaped. I also assumed it wouldn't be quick, from the outset.

Correct on one count at least

 

[roadrash]

chap probably will be chuffed at the £135 quote , he will be more chuffed about not telling his insurers

 

[classic33]

£135 for repairs. Bike is miraculously intact. New bars, tape and stem plus wheel truing. Chap should be chuffed to rocks with that!

I'll add another £45 for advice given.

Hope you get the outcome you wanted, and that there's nothing to stop you getting back on it soon.

 

[glasgowcyclist]

chap probably will be chuffed at the £135 quote , he will be more chuffed about not telling his insurers

I'd still inform his insurance once he'd settled up. Fark 'im.

 

[fossyant]

I hope you aren't injured and the driver coughs up. Make sure the bike shop quote is like for like... £135 sounds cheap.

 

[Pale Rider]

I'd still inform his insurance once he'd settled up. Fark 'im.

A bloke makes a minor mistake, makes amends, and you would still seek to punish him by dobbing him in to his insurance.

You seem to be fighting an imaginary cyclist v motorist war, but much worse than that, such action would show you cannot be trusted to keep your word.

 

[sheddy]

This is just an observation based on personal experiences -
I wonder if motorists brains have difficulty in processing narrow objects coming straight towards them at speed.
(Motorcyclists have a similar problem with SMIDSY Kcufwits).

If I'm in any doubt that I've not been seen by a motorist coming towards me, I'll try to weave sideways to try and make myself appear bigger.

 

[numbnuts]

I'd still inform his insurance once he'd settled up. Fark 'im.

That's despicable to even think about ….sorry

 

[Ming the Merciless]

A gendered brain doesn't even exist so I doubt there is any such thing as a motorist brain. Just your standard issue human brain.

 

[glasgowcyclist]

A bloke makes a minor mistake, makes amends, and you would still seek to punish him by dobbing him in to his insurance.

Do I owe him something? Is it punishment having someone made accountable for something they did?
I don't think so, you might.

You seem to be fighting an imaginary cyclist v motorist war, but much worse than that, such action would show you cannot be trusted to keep your word.

This is both interesting and revealing but let's get rid of the cyclist v motorist war nonsense. My actions would be the same regardless of my mode of transport; I walk, I cycle, I ride a motorcycle, I drive a car.

Now, back to the matter of trust. No matter what the driver thinks he's got from me by settling in cash (and bear in mind he's avoided paying for the injuries and the damaged clothing), I owe him nothing.

When I took out my motor insurance, part of the T&Cs is that I must notify them of any accident I am involved in or any claim made against me. It's also a condition that I do not settle a claim myself or admit any liability.
Come renewal time, I would have a duty to tell any new insurer of past accidents or claims. This is part of a contract that I am bound to honour. The same will apply to this driver.

But your position appears to be, and correct me if I'm wrong, that this driver should renege on his responsibility, breach his contract, and be allowed to obtain further insurance by dishonestly representing himself; a driver who has also failed in his legal obligation to notify the police as soon as reasonably practicable that he was involved in a 3rd party injury collision.

With all of that taken into account, you say that I am the one who cannot be trusted?

 

[Gary E]

I'd still put this through his insurance company (most insurance companys state in their small print that you (in this case him) report ALL accidents regardless of severity). This is so the insurance company can assess whether or not he is at more of a risk of having accidents (what type of driver he is) and adjust his premium to match the risk. I'd also have reported it to the police, if only to have it documented.
This guy may have done this before, or may do it again next week. If nobody reports his behaviour and he keeps just paying up and walking away from it, what's to stop him from just carrying on until something more serious happens?
If not for you, then for other road users, I'd say you have a responsibility to report this.
Sorry if this comes over as a bit heavy but, having been the victim of a left hook (broken collar bone/bent bike) incident where the driver slowed initially after the collision and then sped away (without me getting his plate), I can't help thinking that we need to actively do what we can in these situations to modify the behaviour of unsafe/uncaring drivers.
Who knows? a chat from the police (even if it goes no further) and an increased insurance premium might be all it takes to make the guy take more care around cyclist?
Rant over - hope you and your bike fully recover

 

[glasgowcyclist]

That's despicable to even think about ….sorry

Despicable?
Crikey.

What's your verdict of the driver breaching his contractual obligations?
What's your view on him lying to an insurer to obtain future cover?
Any comment on his failure to report the collision to the police?