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Updated: 1 hour 57 min ago

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

9 April 2015 - 4:02pm
I was knocked off last year - crutches and no walking / driving for 6 weeks. Police came round and took statements, and (eventually) after justice had run it's course he was taken to court and pleaded guilty. His insurance company admitted liability irrespective of his view point, and damage to bike was paid for very quickly.

Make sure you see a GP / hospital, as once you accept any payment, or agree there is no need, then it's final, and if there are problems later then you have no where to go.

Def persue, and whilst the police may need the odd 'reminder', I did find that they were keen to prosecute

Just my observations.

Re: Ramming cyclist at only 10mph is OK

9 April 2015 - 3:49pm
Although both parties seem at fault here, I think anyone, especially in a jury based scenario would side with the cyclist.

Automatic liability for motorists can't come quick enough imo.

Re: Ramming cyclist at only 10mph is OK

9 April 2015 - 3:45pm
We don't know what proceeded the incident. The 'kick' could well have been the cyclist fending off a car that came too close. Frankly, if she was close enough to kick, she was far too close. But, even if if the cyclist wasn't merely fending off the car, but retaliating, she escalated the disagreement from property damage to assault, using her car as a weapon.



IMO, she should be banned for life because she clearly is not capable of the mature judgement required to safely control an automobile. However, according to http://www.dailymail.co.uk/news/article ... -bike.html, she did get 6 points and a £600 penalty, which is more than some drivers have gotten when they've killed a cyclist.

Re: Reflector thing

9 April 2015 - 3:17pm
I cant tell you if those things work.

Re: Ramming cyclist at only 10mph is OK

9 April 2015 - 3:06pm
Lesson should be don't micturate off a cager unless you stay behind him.

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

9 April 2015 - 2:06pm
Thank you all for your advice. This is not the first time that I have been knocked off my bike. Last time involved an ambulance and the police and resulted in a new bike, funnily enough the very one I got knocked off of today.

Re: What is gr8 about motorcycling?

9 April 2015 - 1:52pm
tatanab wrote:pete75, that is not true. It was back when I did my test, but ever since the graded licence the test has had a lot more to it and just a part of it is an accompanied ride - You’ll ride in a variety of road and traffic conditions. You’ll be asked to carry out:
normal stops
an angle start (pulling out from behind a parked vehicle)
a hill start (where possible)

The examiner will give you directions using a radio. They will normally follow you on a motorcycle. taken from https://www.gov.uk/motorcycle-practical ... tical-test

They must have changed it then. Either that or I wasn't paying attention when I did my bike test.

Re: What is gr8 about motorcycling?

9 April 2015 - 1:43pm
pete75, that is not true. It was back when I did my test, but ever since the graded licence the test has had a lot more to it and just a part of it is an accompanied ride - You’ll ride in a variety of road and traffic conditions. You’ll be asked to carry out:
normal stops
an angle start (pulling out from behind a parked vehicle)
a hill start (where possible)

The examiner will give you directions using a radio. They will normally follow you on a motorcycle. taken from https://www.gov.uk/motorcycle-practical ... tical-test

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

9 April 2015 - 1:37pm
For a relatively minor injury/damage claim, it may be better not to involve lawyers/ambulance-chasers. If your injury claim is worth less than £1000 then you'll probably be in Small Claims territory anyway.

I had a relatively minor claim which arose the year before last, knocked off by a car pulling out of a side road into me (I was waiting to turn right into the side road). Approx £100 damage to bike, and some minor bruising/discomfort for up to 4 weeks. It was a hit and run, and it was not clear whether the driver was insured, although the car had an insurance policy associated with it.

I wrote to the insurer and asked them to settle it. They delayed on the pretext of trying to contact the driver (who had by now disappeared and was unlikely to make contact voluntarily, given that there was an arrest warrant out for him), but they eventually settled on acceptable terms (£300 overall). There were no legal costs/fees, so the only outlay in my case was £4 to the Motor Insurers' Database.

If you're going it alone, then I'd say go through the driver's insurance company. Keep all your evidence (invoices, medical reports if any, photos etc.) and provide it to them. You can either ask them to suggest a figure (which will probably be met with a lowball offer) or you can start negotiations by suggesting your own figure. There is some reasonably reliable information out there as to the 'worth' of injuries, i.e. the appropriate level of compensation, but for minor injuries there's not so much.

Be patient with the insurer and persistent when necessary, and it'll most likely settle without any need for Court proceedings - which would often cost the insurer far more than the value of the claim.

Re: What is gr8 about motorcycling?

9 April 2015 - 1:32pm
Mark1978 wrote:The requirements to pass a motorbike test are rather more stringent than those far cars are they not?

No it's a lot easier than the car test. The examiner is on foot and only sees you from time to time. You're probably under observation for about 20% of the test if that. The most observed bit is when you have to ride a set distance at a slow speed with the examiner walking beside you.

Re: Another truck / cyclist incident in the capital

9 April 2015 - 1:05pm
Condolences to her family

I had a HGV sneak up behind me yesterday at some lights as we were waiting to go. It was of those gigantic Renault things, 2 feet to my right and the bumper level with my back wheel axle. No way could the driver have seen me if they'd moved early. This is despite me taking central position on the lane.
Had a tipper truck almost suck me under it's wheels as it passed doing easily 50mph on a downhill stretch coming home from the ride too.
They just won't learn

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

9 April 2015 - 12:49pm
I don't really understand the OP's position at all. They are quite happy to report the other party to the Police and potentially trigger some criminal sanction against them. But they have moral qualms about getting the perpetrator's insurance company to redress the damage they've caused. So sorry, no, I don't feel like that at all. Seems almost like some strange sort of snobbery. It takes all sorts though, apparently some people will pay good money to be mistreated.

Re: Pothole-related fatal crash

9 April 2015 - 11:54am
thirdcrank wrote:The compensation has been agreed, with the highway authority still denying any liability.

I don't think you agree 6-figure deals unless you think there is a substantive likelihood of losing, not least because of the encouragement such a settlement gives to other potential claimants, if in fact you aren't liable. Elsewhere, Hertfordshire did lose a case in relation to a pothole related accident, where someone was able to use a dated google map to demonstrate that the council had failed to fix a bad pothole in accordance with its own inspection/repair regime, which tends to suggest a likelihood that this case might also have been won by the claimant. Maybe in this case they hoped to win based on some other details. Nevertheless I suggest that they continue to deny liability mainly for the form of it because they can, with some residual if limited discouragement to other claimants. But even if they might eventually have won, the cost of has been sufficiently pyrrhic that it should teach them that it can be costly to fail to follow your own pothole policies.

At the same time, cyclists need to know big potholes can arise suddenly and councils are not legally required to fill them in or mark them the instant they open up, they are liable only if the fail to follow a reasonable inspection/reporting/repair policy. The road user does need to know to keep himself safe from them. For cyclists, this probably means cycling further from the road edge than other road users might like, so if you need vary your line it can more often be towards the road edge.

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

9 April 2015 - 10:57am
Personal injury in the UK is not about getting punitive damages, but to cover you for money you are out of pocket because of the accident. This includes costs for transport, reduction to ability to work now and in the future, property damage, and so on. There is a lot of stigma around the personal injury area, but I think a lot of this is inherited from the US and the ambulance chasing culture there.

on top of this, it has become because the police are doing less and less to "minor" road incidents, the only way to get redress against poor driving...

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

9 April 2015 - 10:51am
dionherbike wrote:I am interested to know if anyone feels the same way that I do about the personal injury claim culture.....

I'd try to get that line of thinking out of your head and be as dispassionate as possible. That's not easy because you have been dumped in an unpleasant situation with which you are presumably unfamiliar and all the aches and pains, combined with the realisation of how much worse it could have been, don't contribute to clear thinking.

You need to be clear now about what you hope to achieve and then think about how that might be done.

It's an unfortunate fact that the police take a lot less action following collisions than was once the case. If you have reported it - and if you are confident that it has been recorded as an injury "accident" - then there's not much more to be done in that direction. In any case, the police action is limited to prosecutions ie having the guilty punished.

Think of the personal injury claims services offered by many reputable solicitors including things like the CTC's accident helpline as providing access to legal advice and representation that would not otherwise be available to most of us. It suits insurance companies and others to characterise this as a "claims culture" but they would say that, if you think about it. It is true that there are all sorts of cowboys trying to act as intermediaries between people who have been injured and the people offering legal advice and they have brought some disrepute on the entire system. The answer is surely to avoid the cowboys.

Any decent solicitor will tell you if you have a worthwhile case and will explain the options for pursuing it. Don't be misled by stories in the pub of telephone-number compo payouts: in personal injury cases, big payouts only result from serious disabilities. The scope for exaggerating injuries is relatively restricted. If you have "only" suffered minor bruises etc., the extent of any compo will be proportionately restricted.

The most important thing now is to get medical attention, both to ensure there are no underlying injuries which will only become apparent later, and to have a proper record of your injuries. This and other evidence is best recorded and secured at the time, rather than trying to recover the situation months or even years later.

Finally, another big advantage, IMO, of getting decent legal advice is that it should put your mind at rest. ie there's less likelihood of "if only" misgivings in future if you sort things out now.

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

9 April 2015 - 10:28am
Even if the police prosecuted, you'd still be going through the same procedure to claim civil damages. The civil and criminal justice systems are quite separate in what they cover.

Re: What is gr8 about motorcycling?

9 April 2015 - 10:10am
The requirements to pass a motorbike test are rather more stringent than those far cars are they not?

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

9 April 2015 - 10:03am
Sorry to hear of the incident, I hope you make a swift recovery.

If you haven't already please see your GP for an assessment of your injuries. You need to be sure they are only superficial and if you do decide to make a claim a medical record will prove useful. Take some photographs too, keep a diary of your pain/discomfort and recovery.

If there was any damage to your bike and clothing and you need to use buses/trains/taxis until your bike is repaired then you'll be left out of pocket unless you seek compensation.

The "No Win, No Fee" brigade will only be interested in helping if you also pursue personal injury compensation, otherwise the amounts are most likely too small for them to bother with.

You don't have to deal with them, you can go it alone. Posts from stoobs in this thread give a little background to claiming directly from the driver using "small claims court" procedures. Another recent case reported here which seems to have been settled through the driver's insurance without employing any ambulance chasers.

CDF provide some information on what you can do after an incident. It's up to you what action you take.

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

9 April 2015 - 9:30am
Yup. You've been thrust into this world of personal injury claims, accident claims, insurance comapanies and everything else. Through no fault of your own.

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