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Updated: 22 min 44 sec ago

Re: Accident claims, does anyone else feel like this?

13 April 2015 - 1:57pm
Oh, I'm a rank amateur!! There's a guy we ride with on Wednesday evenings who, every time a driver tips him off the bike or had a very near miss, he'll just roll over anyway and play dead at the side of the road till the ambulance/police arrives and then miraculously regain consciousness and demand to be taken to A+E. Its not an activity I could condone, but it doesn't half scare the living daylights out of the offending motorists! I suppose it's his own personal version of 'presumed liability'. He's had at least four bikes out of it the last five years, and a fair bit of out of court compensation.

I guess it's a sort of cycling vigilantism. Though I would frame the behavior in the fact he was the subject of a very bad hit and run ten years ago, from which he's never really recovered physically, or emotionally. I was with him at the time and it was a truly horrifying thing to witness: like someone just came up behind us and shot him with a gun.

Luckily I was able to scratch nearly all the number plate into the road with a stone before the car got out of sight. The result of this attempted murder: £1200 fine, six months ban. Absolutely disgusting sentence for a potential murderer. And apparently the driver (a local radio DJ) was just milligrams under the limit. If I was in charge of sentencing I'd have banned him from driving for life.

Re: Accident claims, does anyone else feel like this?

13 April 2015 - 1:20pm
RogerThat - next time I fall off I'll get you to do the negotiating!

Re: Accident claims, does anyone else feel like this?

13 April 2015 - 12:19pm
I think it's becoming more and more common for bad drivers to settle out of court, as the threat to their NCB or their livelihood is so great, especially with councils and local agencies coming down so hard on their 'professional drivers'.

I had a chap came out at a junction straight towards me forcing me into the ditch on the other side of the road and a low speed unseat from the bike. The result was my pride and a brand new front wheel buckled beyond repair. He got out and I just shook my head and pointed to the wheel. He got his wallet out and offered me £30 on the spot. I pointed out to him that bikes, like cars were a lot more expensive than they were in 1970! So we went to the nearest cash point and he somewhat sheepishly agreed on £100, which stopped me reporting to the police, and likely him losing his job with the council. A win-win!

Re: Accident claims, does anyone else feel like this?

13 April 2015 - 11:57am
iviehoff wrote:Steve922 wrote:Agreed. If you run into the back of a car, its your fault. 100%
Not so. The classic induced accident insurance fraud is based upon the fraudster forcing the mark to hit him in the rear, it is easily achieved. See http://www.theaa.com/motoring_advice/le ... fraud.html

On a bicycle, I have twice unavoidably gone into the back of a car when it overtook me, then pulled in hard in front of me while stopping suddenly - one of them was on a steep downhill: miss that one if you can.
I came scarily close to hitting a car in that sort of circumstance. The driver overtook me, then slammed on the brakes (s/he was turning right at a junction just past the over take). I was going pretty fast (I'm sure the driver misjudged my speed). I braked as much as could, then went onto the shoulder. Even though the surface was poor, and my legs were slapped by grass, nettles, thistles and things, I maintained control of the bike, and overtook on the inside, and came out of it with only a few scratches and some nettle stings. There was a very real possibility of me ending up in the ditch because I was going too fast to control the bike on the rough surface of the shoulder, but I managed okay, and the worst harm was done to my nerves

Re: Accident claims, does anyone else feel like this?

13 April 2015 - 11:43am
iviehoff wrote:..................The classic induced accident insurance fraud is based upon the fraudster forcing the mark to hit him in the rear, it is easily achieved. See http://www.theaa.com/motoring_advice/le ... fraud.html

Interestingly the advice the AA give about avoiding this is starts with "Look well ahead trying to anticipate possible hazards at all times" and "Allow plenty of space to the car in front at all times but particularly at junctions and pedestrian crossings"

Re: Accident claims, does anyone else feel like this?

13 April 2015 - 11:36am
RogerThat, sounds like one of those cases where the overriding factor is both parties desire/reluctance to get involved in litigation rather than the legalities of the issue. It would be interesting to know whether the car was actually insured at the time of the accident or whether there are other aspects that don't bear any scrutiny.. The driver also has to weigh up the chance of their insurer deciding to roll over, avoid the hassle of defending the claim and recouping their loss through removal of NCB or rating future premiums. Sounds like your nephew luckily picked the right person to hit and the advice to accept the offer is good.

Re: Accident claims, does anyone else feel like this?

13 April 2015 - 11:34am
duplicate post.

Re: Accident claims, does anyone else feel like this?

13 April 2015 - 11:23am
Steve922 wrote:Agreed. If you run into the back of a car, its your fault. 100%
Not so. The classic induced accident insurance fraud is based upon the fraudster forcing the mark to hit him in the rear, it is easily achieved. See http://www.theaa.com/motoring_advice/le ... fraud.html

On a bicycle, I have twice unavoidably gone into the back of a car when it overtook me, then pulled in hard in front of me while stopping suddenly - one of them was on a steep downhill: miss that one if you can.

Re: Accident claims, does anyone else feel like this?

13 April 2015 - 10:47am
Well, it's actually been ongoing since early January. He had a lawyer previously but he was awful, I put him onto our family lawyer instead who has wide experience of RTA claims as its a busy town for traffic. And So four months and it seems the threat of a counter sue has paid off. Just as well, my nephew was up to hi-doh with worry as he's not the best with money! Had it went to court we'd probably still be here in a year's time. It's quite a small town we live in and our lawyer knows the woman who was sueing socially. She's a well known character on the back of a tow truck It's not the first or fifth time she's been involved in an RTA.

Re: Tram takes bikes but only uphill!

13 April 2015 - 9:47am
I can remember in the 50's paying half fare to take a bike on the train. There was of course a goods van in those days.
I wonder how much train companies would expect to charge nowadays to make it an economic option to carry bikes.
I know many do allow bikes on for free - some with limited numbers of bikes allowed. I am fortunate that I can use South eastern trains which have a very accepting policy towards bikes. At the guards discretion of course although I've never had a problem in that regard.

Re: Get off the road horn blast from passing artic driver!

13 April 2015 - 8:53am
A friend of mine reckons she suffered permanent ear damage in one ear as a result of a lorry driver blasting the horn just as he passed. Bit difficult to sue, as apparently this particular form of ear damage takes several years to take effect, and thus difficult to associate it with any specific loud noise event. But she reckons this was the loudest/most painful single event, and the damage can be from such a single event, and it is the correct side.

Re: Tram takes bikes but only uphill!

12 April 2015 - 10:24pm
Well the rack railway (it's not a tram) also only takes them from Marienplatz to Degerloch, you can't get off in between and the driver keeps an eye on the bikes as they go up to make sure they don't fall off (I've been on it, but not with a bike). You can take a bike down on the U bahn anyhow, or the S-bahn.

Re: Accident claims, does anyone else feel like this?

12 April 2015 - 9:45pm
RogerThat wrote:Update: we heard from our own lawyer last night that the woman has dropped her claim to damages to her car and offered to replace the bike which was written off, though no damages. It transpires she's got a few points on her licence and is likely not keen to have any more. We haven't involved the police at this stage, and the advice from the lawyer is to accept the replacement value and be done with it.

That's a superb lawyer! Consulted on Friday morning and gets you the payout offer one day later on Saturday when most lawyers are having the weekend off! Any lawyers I've dealt with has sent letters around to make offers etc. It's taken weeks or months. The slackers!

Re: Accident claims, does anyone else feel like this?

12 April 2015 - 6:39pm
An intriguing outcome which does go to show the importance of getting legal advice. I do wonder whether the driver knows that the bike is going to cost more than £50 to replace ?

Re: Accident claims, does anyone else feel like this?

12 April 2015 - 4:11pm
Update: we heard from our own lawyer last night that the woman has dropped her claim to damages to her car and offered to replace the bike which was written off, though no damages. It transpires she's got a few points on her licence and is likely not keen to have any more. We haven't involved the police at this stage, and the advice from the lawyer is to accept the replacement value and be done with it.

Re: Tram takes bikes but only uphill!

12 April 2015 - 2:38pm
Be grateful they take bikes at all.

N my local line In Manchester they replaced trains which took bikes with trams which don't in 1992.

Incredibly, given all the pro-cycling government hype over the last 20 years or so, a new Manchester tram line opened last year which bans bikes, and also replaced trains which took them.

Tram takes bikes but only uphill!

12 April 2015 - 1:11pm
http://en.wikipedia.org/wiki/Stuttgart_Rack_Railway

This rack railway in Stuttgart takes bikes, but only up hill! The vertical difference is 205m.

Seems the wrong way round to me, I want to take the tram down and ride up.

Re: Get off the road horn blast from passing artic driver!

12 April 2015 - 8:26am
I followed the Ncn21 from eridge to rotherfiled last year as its also the Avenue Verte route. I did manage to make it along the cra**y path that they send you on but it was certainly one of the least fun parts of the whole London to Paris ride.

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