Seeking compensation directly from a driver.

[ben wyvis]

I was knocked off my bike in June, a twat attempting to overtake on a single track road who developed road rage and attempted to force me off the road after I had adopted a defensive position to prevent him getting past until there was a safe place to do so.

Four witnessess in total. I was uninjured, there was a wrecked wheel and a minor frame bend.

To cut a long story short, the PF (Scotland) whilst accepting it was careless driving (no it was actually dangerous but I'd have accepted the former) has chosen not to prosecute the driver because the case did not meet their 'prosecution marking guidelines' ( i.e they have too much other more important stuff to do).

I am now left to reclaim my expenses from said twat directly. I have reaslised now that I did not get the guy's insurance details at the time, which I believe he has a legal duty to supply.

I had the idea of asking him to pay the £107 for the bike repair plus a nominal sum eg £200 for the Hopsice Charity I did the End to End in August and for which I was training for when he hit me. The only way I could do this would be by offering this as an alternative to going through his insurer, which I assume he would rather not do so that he does not get a hefty hike in premiums. Cant really really 'hold him to ransom' though without having his insurance details.

Any advice on how to proceed- it would be great to get make him pay in some small way for his atrocious behaviour.

 

[Tinuts]

Are you a member of the CTC? If so, contact them as I've found their solicitors to be most helpful in acting in such matters.

 

[boydj]

You need to inform him of your claim and then get his insurance details and make a claim against his insurance company if he is unwilling to stump up without involving his insurance. The police should be able to provide the details if he wants to be difficult - you may need to get his contact details from them anyway.

Not sure what extra difficulties the delay from the incident will make to a claim for damages - he may think that he's got away with it if you did not let him know that you were going to claim for the damage to the bike and for your injuries and inconvenience. Hopefully you've got witness details and a police report which will be clear on where blame lies, because he may not be happy about getting his insurance involved.

I've been down this road myself and had no problem getting a pay-out from the insurance company after writing to them myself. In my case, though, the claim went in quickly and the driver had admitted blame when he informed the insurance company of the incident (company car).

 

[sheddy]

The CTC solicitors http://www.rjw.co.uk/ might take this up anyway

 

[BentMikey]

Go the official route, don't try to do it direct.

 

[crazy580]

Go through his insurance company, not the driver, in my experience the driver will try and get out of paying you any way possible (not answering your phone calls, saying that you are being unreasonable etc)

 

[asterix]

Use a solicitor. They know how to deal with these things. I used the ones recommended by sheddy with complete success. They'll discuss it with you anyway and that won't cost anything beyond the phone call.

 

[DannO]

I have been knocked off my bike and would strongly recommend that you seek legal help in any claims made.

 

[srw]

Like others have said, claim on his insurance. That's why he has it.

 

[beanzontoast]

If you're with CTC, ask their advice.

 

[L.E.D.]

The police will have an Incident number, Get in touch with a no win no fee solicitor. They will contact the police and get all relevant information needed.

It's interesting to note that on two occasions i have been whisked away by ambulance without knowing any details of the driver or car but the police stumped up all the info needed to continue with the claim when asked.

It's also interesting to note that the last time i was knocked over, the driver was eventually found out to be uninsured, this does not mean you get nothing, you still pursue with your claim and get compensation.

You should not be out of pocket because of someone else's actions.

 

[Jezston]

[QUOTE 1255517"]
When I got my letter from the Police informing me that they weren't pursuing matters with the taxi driver who drove into my car, denied it and then legged it, it ended with his name and address "for insurance purposes". I'd have thought that was standard procedure. Unless of course the Police thought he was a plum who needed his windows bricked.
[/quote]

I might be tempted to buy a cheap old banger for a hundred quid or so, and drive it into his living room. Then deny it and leg it.

 

[ben wyvis]

Thanks everyone.

I am in CTC and initially did not find their legal section too helpful immediately after the incident but that might have been because I was seeking advice on ensuring the guy was appropriately charged- they didn't seem to get that concept and were clearly just interested in me seeking compensation. The amount is small- £107. Depsite the non prosecution I think it is fairly watertight as I have letter from fiscal saying she did accept it was careless driving but it didn't merit criminal proceedings, the police as far as I know were damning of the driver's behaviour.

Assuming getting the small sum out of his insurers will be staighforward and also assuming he would not want his insurer to know of the carelss driving charge, I had the idea of approaching him directly and offering an'out of court' arrangement which would hit him a little harder in the pocket.

When I have his insurers details in my hand I may be tempted to try this, I dont exactly have much to loose.

 

[snorri]

I might be tempted to buy a cheap old banger for a hundred quid or so, and drive it into his living room. Then deny it and leg it.

You sound like a very reasonable sort of person who gives due consideration to possible outcomes before taking any form of action.

 

[Jezston]

You sound like a very reasonable sort of person who gives due consideration to possible outcomes before taking any form of action.

Well I certainly wouldn't actually do that.

I mean, I can't drive so doubt I'd manage to pull it off sucessfully.

You see I have thought this through