GF hit a cyclist, advice pls!

GF hit a cyclist, advice pls!

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Discussion

Fastdruid

8,639 posts

152 months

Friday 9th March 2012
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johnpeat said:
I'd advise against going to the Police because she's got nothing really to report. At best she's wasting their time, at worst it could look like she's "trying to get the first word in" which is often a sign of guilt and could lead to more problems that it's worth.
I'm sorry but as little as it was there was an injury. You are advising the OP's GF to break the law. Nothing to do with "getting the first word in" and everything to do with not getting into serious trouble later. As it stands all she can 'suffer' is an increase in insurance payments.

If on the other hand she doesn't report it within 24 hours and the cyclist does the maximum penalty for failing to stop or for failing to report is a fine not exceeding £5,000 and/ or 6 months imprisonment.

0a

23,900 posts

194 months

Friday 9th March 2012
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She does have a text saying he's fine.

It's a shame that even on PH common sense seems to have left the building.

RWD cossie wil

4,310 posts

173 months

Friday 9th March 2012
quotequote all
Very sad to see all the replys on this thread, the sensible adults who had a very slight accident are both seemingly satified with the outcome, no one was killed, maimed or otherwise suffered loss, so where is the problem? Somtimes accidents happen, people make mistakes, I would imagine the lady feels absolutely terrible despite the cyclist suffering only very minor scrape, no doubt the cyclist probably will also feel bad about the damage to the car. Both parties could find ways they could have avoided the accident, so both will no doubt take slightly more care in future.

People need to have a bit of compassion for each other, st happens somtimes, no doubt all the posters screaming for the woman to be hung, drawn and quarted have never made an error of judgement, had an accident or caused someone else a problem? rolleyes

Engineer1

10,486 posts

209 months

Friday 9th March 2012
quotequote all

EDIT: I used to be sponsored XC cyclist so am not anti bike, but I also know how they tear down this hill!! But thats beside the point the issue is should she go to the Police?, not the opticians...

Edited by DoubleSix on Thursday 8th March 17:38

[/quote]
The damning bit is the bit I've left, you both know cyclists ride fast in that area, is your OH as observant round schools?

myles1972

9,544 posts

171 months

Friday 9th March 2012
quotequote all
DoubleSix said:
Maybe I haven't explained properly, but she was stationary. Nosing out of a car park onto this one way hill with cycle lane going the wrong way. Guy comes flying round the corner takes evasive action of the gf's stationary vehicle, clips the bumper and takes a wee tumble. I reckon a non-event.... but I seem to be in a minority.
I am in agreement with you, non-event. She has confirmed via text that the cyclist is ok, that should be the end of it. Perhaps a trip to see plod would draw a line under it.

C.A.R.

3,967 posts

188 months

Friday 9th March 2012
quotequote all
Bugger!

If you're going to the trouble of hitting a cyclist you want to do more than just give him a grazed knee.


Geoff38

789 posts

246 months

Friday 9th March 2012
quotequote all
Hi OP ,
a friend had almost exactly the same issue recently. She was pulling away from traffic lights when a cyclist didn't stop at the red light showing for their direction of travel , hit back end of friends car and took a tumble. They both stopped and checked each other was ok. The cyclist was very sorry because she knew she was in the wrong. Both left the scene and twenty minutes later friend starts to think the same as you that may be she should have reported it to cover herself. She came round to ours to discuss and we decided that yes she should report it to the police to cover her side of the incident in case cyclist got advice from someone to make an injury claim.
To cut a long story short , friend reported it , had a police officer come round to do an interview , who left saying that they would try and contact the cyclist to make sure it all tallied and that was it , heard nothing since.

Ignore all the comments about she was in the wrong , she was stationary and it is up to road users to look where they are going and to not travel faster than they can stop safely if something gets in their way. I am a life long cyclist , motorcyclist and car driver and have survived so far by keeping my eyes open for all the idiots out there who always think it is the other persons fault.

It makes me so annoyed to see loads of cyclists with dark clothing , no lights or at best a one led 50p jobby from t_sco's and they expect You to see them in a sea of car lights ????

Rant over , have a nice day.

G


andyb

139 posts

284 months

Friday 9th March 2012
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Recently on the way to work a car turned right into a junction across my path and ran straight into me. I hadn't just run a red light wink

The woman driver was nice (more shaken than me) and at the time it didn't hurt much. Bl**dy did the next day mind, and still aches a few months later.

However, given she was incredibly apologetic and I don't condone others making spurious claims, I thought it would be hypocrital of me to do anything. Hopefully for you the same will happen in this case.

However, every day a school day for me - the legal position of reporting within 24hrs is news to me so pleased I read this thread for next time.

Mill Wheel

6,149 posts

196 months

Friday 9th March 2012
quotequote all
DoubleSix said:
You do realise if I give her the green light to go to the Police that'll be a major climb down on my part?? hehe
Basically you need a face saving tactic that will suit all.

Get her to ask the cyclist if HE wants to report it to the police.
If he says no, then no further action required.
If he says YES, then you will not be "climbing down", just giving in to the inevitable.

streaky

19,311 posts

249 months

Friday 9th March 2012
quotequote all
Are there any independent witnesses?

If not, who's to say the vehicle was stationary at the time?

Injuries may not emerge until one has discussed the incident with a bar-room lawyer. [cynic mode off]

Streaky

ngdragon

110 posts

163 months

Friday 9th March 2012
quotequote all
Whatever you decide to do I suggest you write everything down, draw diagrams and take photographs etc when it's fresh in her mind- could come in useful if he tries to make a claim in the future.

Sicob

478 posts

228 months

Friday 9th March 2012
quotequote all
3 Pages in, and not one sketch of the accident, no pic requests of GF. Standards dropping on here.

KevinA3DSG32

11,629 posts

280 months

Friday 9th March 2012
quotequote all
johnpeat said:
I'd advise against going to the Police because she's got nothing really to report. At best she's wasting their time, at worst it could look like she's "trying to get the first word in" which is often a sign of guilt and could lead to more problems that it's worth.

Edited by johnpeat on Friday 9th March 02:34
You can advise all you like, the fact remains it is a legal requirement to report it.

jazzyjeff

3,652 posts

259 months

Friday 9th March 2012
quotequote all
Sicob said:
no pic requests of GF.
Quite. Anyway, are we certain the cyclist touched her front end and didn't ram her back doors instead? scratchchin That would deserve a knocking off.

Vaux

1,557 posts

216 months

Friday 9th March 2012
quotequote all
Fastdruid said:
She must report it by law (a grazed knee is still an injury).

From http://www.met.police.uk/traffic/forms.htm

Section 170 of the Road Traffic Act 1988 requires drivers to report to a police officer or police station that they have been involved in an accident involving in any of the following;

  • any personal injury
  • damage only, where the other driver did not stop
  • damage only, where names and addresses were not exchanged with the other driver and any other owner of property damaged (even if the other driver stopped)
<snip>

This must be done as soon as is practicable and in any event within 24 hours of the accident in order to assist any possible investigation and to comply with the law.
If both parties exchanged the required details, why do they need to report it to Police?

Fastdruid

8,639 posts

152 months

Friday 9th March 2012
quotequote all
Because there was an injury.

bicycleshorts

1,939 posts

161 months

Friday 9th March 2012
quotequote all
zygalski said:
Welshbeef said:
Imagine if you had risen into a child....
Err. I'll pass on that one.
rofl

Mill Wheel

6,149 posts

196 months

Friday 9th March 2012
quotequote all
Sicob said:
3 Pages in, and not one sketch of the accident, no pic requests of GF. Standards dropping on here.
Isn't it a sticky at the top of the thread..?
It should be! hehe

Vaux

1,557 posts

216 months

Friday 9th March 2012
quotequote all
Fastdruid said:
Because there was an injury.
Does s170 say that?

Fastdruid

8,639 posts

152 months

Friday 9th March 2012
quotequote all
Vaux said:
Fastdruid said:
Because there was an injury.
Does s170 say that?
Yes, I'm afraid my highlighting didn't work as I'd planned (I'm not sure why, I presume the extra square brackets confused it) but 1a, 5a and 6a/6b apply

http://www.legislation.gov.uk/ukpga/1988/52/sectio...

170 Duty of driver to stop, report accident and give information or documents.

(1)This section applies in a case where, owing to the presence of a [F1mechanically propelled vehicle] on a road [F2or other public place], an accident occurs by which—
(a)personal injury is caused to a person other than the driver of that [F1mechanically propelled vehicle], or
(b)damage is caused—
(i)to a vehicle other than that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or
(ii)to an animal other than an animal in or on that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or
(iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road [F3or place] in question is situated or land adjacent to such land.
(2)The driver of the [F1mechanically propelled vehicle] must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
(3)If for any reason the driver of the [F1mechanically propelled vehicle] does not give his name and address under subsection (2) above, he must report the accident.
(4)A person who fails to comply with subsection (2) or (3) above is guilty of an offence.
(5)If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of [F4a motor vehicle] does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—
(a)to a constable, or
(b)to some person who, having reasonable grounds for so doing, has required him to produce it,the driver must report the accident and produce such a certificate or other evidence.This subsection does not apply to the driver of an invalid carriage.
(6)To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—
(a)must do so at a police station or to a constable, and
(b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.
(7)A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within [F5seven] days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.


Edited by Fastdruid on Friday 9th March 17:13