BentMikey
Rider of Seolferwulf
- Location
- South London
Is that all vehicles, or only just certain types of vehicles?
Right Hooked today
- Thread starter deckertim
- Start date
Page may contain affiliate links. Please see terms for details.
Is that all vehicles, or only just certain types of vehicles?
Mad at urage
New Member
- Location
- Just N of Cardiff
All stationary vehicles, cycles or horses or road maintenance traveling at less than 10 mph.
Origamist
Legendary Member
I'm not sure if that is correct. It would depend if the queueing traffic was classed as "stationary" or not. I don't know if there are precedents in case law, but I would not be surprised if this was not as clear cut as you are suggesting.
Just had a chat with the CTC lawyers. I will now be claiming against the driver for damages to my bike. It will then be up to her insurers whether they wish to claim against me for damage to the car. I suspect that some lawyers will make money regardless!!
Origamist
Legendary Member
Good luck with the claim, Tim and (a bit belatedly) glad to hear you were not badly hurt.
Arch
Married to Night Train
- Location
- Salford, UK
Yes, I agree. Stationary to me (and I am not a lawyer etc) in that context would mean parked (or broken down). The law would have to allow overtaking of such vehicles, or they would effectively block the road where there were solid lines, possibly for hours. Queueing traffic may be stationary, but only fairly briefly - and also there is, by definition, another car in front and in front and in front etc. If a driver overtook a queue and barged in at the front when the lights changed, we'd certainly call it wrong morally... I know a bike can filter back in in a smaller space, but even so...
Which doesn't take away from the fact that the driver should have looked, of course. However, even on a road with broken lines, I'd rarely filter up the outside, because I'd be afraid on not being able to get back in quickly. I tend to use the inside, with great caution. I suspect most drivers are more likely to think of a bike overtaking that way, if they think at all. And I'm happy to just wait, if it's at all risky looking. (or, indeed, get off and walk along the pavement, if it's that bad!).
Just had a letter from the Met Police. They have decided to offer the driver a driver alertness course. (Which was the option that I had selected on the previous form I had to fill in.) If the driver refuse this or don't attend they will continue with a prosecution.
I am very pleased at the outcome of this as I think it is the most appropriate course of action. I am also glad that I stuck to my guns and complained to the Police Officer at the scene who told the driver that no further action would be taken. I told him he was out of order and the incident should be properly investigated and he had no right to say this...... Was I right? I don't know but it did the trick!
I will now be proceeding with my claim for damages, which amounts to new handlebars, brake lever/gear changers, mirror and handlebar tape. Fortunately I was only very slightly hurt and all cuts and bruises are now healed. All made a bit more complicated that I can't get the same 105 9 speed levers, so will need to get a new pair of something different.
I expect the damage to the car will be much higher as my handlebars put a very nasty dent in her driver's door.
I am very pleased at the outcome of this as I think it is the most appropriate course of action. I am also glad that I stuck to my guns and complained to the Police Officer at the scene who told the driver that no further action would be taken. I told him he was out of order and the incident should be properly investigated and he had no right to say this...... Was I right? I don't know but it did the trick!
I will now be proceeding with my claim for damages, which amounts to new handlebars, brake lever/gear changers, mirror and handlebar tape. Fortunately I was only very slightly hurt and all cuts and bruises are now healed. All made a bit more complicated that I can't get the same 105 9 speed levers, so will need to get a new pair of something different.
I expect the damage to the car will be much higher as my handlebars put a very nasty dent in her driver's door.
400bhp
Guru
I'd be interested in hearing a bit more about this.
Looks like it's turned out OK in the end.
Matty
Well-Known Member
- Location
- Nr Edinburgh
Nice to hear a bit of good news.
gaz
Cycle Camera TV
- Location
- South Croydon
Good result, you did the right thing by challenging that officer, he had no right to say that.
More importantly, how are you?
More importantly, how are you?
gaz
Cycle Camera TV
- Location
- South Croydon
You don't have to go through small claims to claim off an insurance company, in fact 99% of claims will not make it to small claims court when an insurance company is involved.
Here's the link to a motorcyclist's lawyer's summary of precedent on accidents whilst filtering, that's been posted here before: http://www.bgtbikersolicitors.co.uk/case_law.html#filtering
The OPs circumstances seem similar to the Davis v Schrogin, motorist in the queue pulls out without due care and attention.
Worth noting that in the cases involving collisions with vehicles pulling out of or into side roads through queues of traffic or similar liability is shared, albeit by widely varying degrees.
I've seen a nasty accident when a boy racer type in a custom painted tin can exhaust hot hatch was tearing down the right hand lane past a queue of traffic in the left hand lane and clipped the front bumper of a car cautiously ulling out of a side road, causing the hatch to spin, fortunately through a gap in the queue of traffic that was moving off and hitting a garden wall just missing people at a bus stop here: http://g.co/maps/smq3 Hatchback Car and Garden Wall were both write offs. Car pulling out lost it's bumper at least. Luckily no one hurt.
Definitely did the right thing with the attending Police person IMHO.
The OPs circumstances seem similar to the Davis v Schrogin, motorist in the queue pulls out without due care and attention.
Worth noting that in the cases involving collisions with vehicles pulling out of or into side roads through queues of traffic or similar liability is shared, albeit by widely varying degrees.
I've seen a nasty accident when a boy racer type in a custom painted tin can exhaust hot hatch was tearing down the right hand lane past a queue of traffic in the left hand lane and clipped the front bumper of a car cautiously ulling out of a side road, causing the hatch to spin, fortunately through a gap in the queue of traffic that was moving off and hitting a garden wall just missing people at a bus stop here: http://g.co/maps/smq3 Hatchback Car and Garden Wall were both write offs. Car pulling out lost it's bumper at least. Luckily no one hurt.
Definitely did the right thing with the attending Police person IMHO.
Thanks, I had looked at these links before. However, I don't think motorcycles should set the precedent for cycle riding. I was going much slower at the time of the accident (no more than 10 mph) so no excuse for the car driver not seeing me. I believe, as does one of the witnesses that they pulled out right, just as I was in their blind spot. In my dealings with the insurance company, I will certainly not be looking to take any liability. I also hope that the relative small size of my claim will mean that they will settle quickly (ever the optimist
)
Tinuts
Wham Bam Helmet Cam
- Location
- London, UK.
Exactly the same thing happened to me a few years back. CTC lawyers took it on. The offending party's insurance company dragged their feet for almost two years (what a surprise!) before finally coughing up £4k for damage, loss of earnings etc.
Good luck but you will need plenty of patience!
