So, who's at fault.

[outlash]

It's the drivers' fault. If they hit a pedestrian, then they would be at fault. If they pulled out into the road and got hit by a car, it would be their fault. Why would it be any different if you're on a bike? They're trying to wiggle out of paying so set your insurers onto them.


Tony.

 

[fossyant]

Well if the car is showing as no insurance, I would phone the driver back and let them know you will be informing both your insurer and the police about the incident.

Not playing ball, then take them the legal route.

 

[Linford]

[QUOTE 2846953, member: 45"]It's completely relevant. The HTC clearly states that drivers should concede to others by giving way. It's not about taking priority. You're still looking at it wrong.[/quote]
Giving way and having priority is not the same as right of way as Adrian kindly pointed out

 

[cd365]

Well if the car is showing as no insurance, I would phone the driver back and let them know you will be informing both your insurer and the police about the incident.

Not playing ball, then take them the legal route.

+1

 

[400bhp]

Come on Betty we need an update.

 

[fossyant]

He is out getting rat ar$ed I bet by now.

 

[srw]

[QUOTE 2847356, member: 45"]
Shall we ask him to now move on to explaining giving way?[/quote]
It's what you do when it's too much work or too boring to explain what you mean.

 

[JamesTaylor02]

I agree with anyone suggesting that the "husband" has no standing in the situation; he did not witness the incident unfold so that alone wouldn't legally stand. I also do think that the driver apologising suggests immediately that it was the driver's fault, I'm pretty sure that it doesn't hold anything in the eyes of the law but just her apologising shows how guilty she is in this incident.

 

[betty swollocks]

I have texted the person I believe to be the husband and advised him that I believe the driver of the car to be wholly at fault. The phone number I was originally given, is I understand, that of the daughter, who was in the passenger seat of the car at the time.
I have given them one week to pay up, or I will take the matter further.

 

[betty swollocks]

I agree with anyone suggesting that the "husband" has no standing in the situation; he did not witness the incident unfold so that alone wouldn't legally stand. I also do think that the driver apologising suggests immediately that it was the driver's fault, I'm pretty sure that it doesn't hold anything in the eyes of the law but just her apologising shows how guilty she is in this incident.

I have retained the text message with her apology on it, although I understand (see my previous post) that this message came from the phone of the daughter who was in the passenger seat at the time of the incident.

 

[JamesTaylor02]

I have retained the text message with her apology on it, although I understand (see my previous post) that this message came from the phone of the daughter who was in the passenger seat at the time of the incident.

Seems odd that it was the daughter's phone number that was given? I suppose it doesn't matter really, as long as you can both negotiate, but it does seem odd that the woman was unable/unwilling to give her own phone number?

I have texted the person I believe to be the husband and advised him that I believe the driver of the car to be wholly at fault. The phone number I was originally given, is I understand, that of the daughter, who was in the passenger seat of the car at the time.
I have given them one week to pay up, or I will take the matter further.

Good to know you've got on top of it and taking control of the problem. With how the incident seems to have played out, you should be in a good standing and you're in a good position to have made the demands that you have – they are reasonable, don't get me wrong!

Hopefully it doesn't end up with your insurers, it only drags things out longer than they should do, but I'm sure that it would result in the outcome that you're after!

 

[steveindenmark]

Betty, this is only my opinion.

Text messaging is not the way to go about solving this problem. If I were the other party I would be thinking that I had you backing off because you were afraid to talk to me on the phone. If I were them I would totally ignore your SMS.

I would certainly ring the up and ask to speak to the driver, not the husband. The wife is hiding behind her man.

Have some bullet points written down in front of you so you can tell her the score from beginning to end so she knows the score.

At the minute it appears you are both hiding behind a phone. If you think you are right I would get right in their faces, right now. Otherwise this will probably end up going nowhere.

I would be fuming if I were in your position. Not just because of the accident but mainly because theses people are trying to jerk you around.

As for those of you who are squabbling about right of way and give way, you are not helping this post.

Steve

 

[Inthecup]

I've just recently sued somebody (& won).

Send a nice letter recorded stating your points and demands. If no reply send another staying that you are either going through small claims or insurer and give a deadline for a reply. This usually budges people!

For the sake of £100 I would imagine they would pay out as the xs for their insurance will probably be a lot higher than this.

 

[Cubist]

Go to the cops. If she hasn't reported it she's committed an offence.

Not true I'm afraid. The only obligation to report a collision to the police is if the driver of the car was unable to furnish details at the time.

 

[steve52]

any of the no win no fee peeps would love this,its a no brainer, she lives there and knows its a cycle path, and has fail in her duty of care to check for peds or bikes, and there insurane will payout quickly to reduce costs