Hit a bicycle today
Discussion
Today on my way to work on a town road easily wide enough for two.. even 3 cars but with no white lines, I rounded a tight bend on my side of the road.
Luckily I was going very slowly (max 15mph) and was close to my kerb.
As I did so, a cyclist coming downhill towards me at speed (as you see them do
) was cutting the corner all the way on my side of the road. I braked hard, ABS all the way, and was almost stopped by the time he hit my front. He flew right over the car, past the driver's door (nearly over my head) and landed by the offside B-pillar. 
This is not a smart way to ride a bike, especially when the car coming round the corner is 1500kgs of 1980's Mercedes iron.
The ~15-year-old was fine apart from cuts and bruises and shock, but I will need a new bumper, grille, grill surround, bonnet etc.
He will need a new bike, and probably cycle helmet, which luckily he was wearing.
Now I need to know:
1. I took him to the police station to file a report but they pretty much refused as they said no-one was injured, but I wanted his admission of fault on record.
2. I took him to his grandparents house that he lives at, who lived in some ghettoville full of modified Corsas and weren't terribly polite to me. I said I'd stopped by my garage on the way and they said it would be expensive and need a new bonnet - he reckoned it didn't. His grandfather said he'd get his grandson who does bodywork to look at the damage, but I'm not that keen on this. They obviously aren't flush with money though and can't - or won't pay much to repair it.
What should be my course of action? I can get a solicitor to write a letter but what happens if they can't pay the ~£600? Can their household insurance cover the bike AND my damage? Or is it fruitless.
Obviously I don't want to claim on my insurance as it's not worth it and essentially I pay for this idiot's stupidity.
thanks
Russ
'86 190E, '62 Elan
Luckily I was going very slowly (max 15mph) and was close to my kerb.
As I did so, a cyclist coming downhill towards me at speed (as you see them do
) was cutting the corner all the way on my side of the road. I braked hard, ABS all the way, and was almost stopped by the time he hit my front. He flew right over the car, past the driver's door (nearly over my head) and landed by the offside B-pillar. This is not a smart way to ride a bike, especially when the car coming round the corner is 1500kgs of 1980's Mercedes iron.
The ~15-year-old was fine apart from cuts and bruises and shock, but I will need a new bumper, grille, grill surround, bonnet etc.
He will need a new bike, and probably cycle helmet, which luckily he was wearing.
Now I need to know:
1. I took him to the police station to file a report but they pretty much refused as they said no-one was injured, but I wanted his admission of fault on record.
2. I took him to his grandparents house that he lives at, who lived in some ghettoville full of modified Corsas and weren't terribly polite to me. I said I'd stopped by my garage on the way and they said it would be expensive and need a new bonnet - he reckoned it didn't. His grandfather said he'd get his grandson who does bodywork to look at the damage, but I'm not that keen on this. They obviously aren't flush with money though and can't - or won't pay much to repair it.
What should be my course of action? I can get a solicitor to write a letter but what happens if they can't pay the ~£600? Can their household insurance cover the bike AND my damage? Or is it fruitless.
Obviously I don't want to claim on my insurance as it's not worth it and essentially I pay for this idiot's stupidity.
thanks
Russ
'86 190E, '62 Elan
As I was told when some old retarded dude stepped out in front of my 125 years ago and wrote it and nearly me off causing £300 worth of damage
"You can't insure a pedestrian"
Yeah great!
Dont think you can even claim of the MIB as its not an uninsured car that hit ya.
Wish I could actually offer some helpful advice....
Small claims court?
"You can't insure a pedestrian"
Yeah great!
Dont think you can even claim of the MIB as its not an uninsured car that hit ya.
Wish I could actually offer some helpful advice....
Small claims court?
Get your claim in quickly!
There is some (read "more than some") chance that the cyclist will file a claim against you. Good job you went to the cop-shop - was a statement taken or report filled in? Make a note now of the cyclist's injuries that you remember. Speak to your insurers, they might be able to offer good advice, they might even take the claim on against the cyclist. Speak to the CAB or a lawyer (often no change). Does your car insurance cover you for civil claims (making and defending)? As already said, the SCC is another avenue.
But, get your claim in quickly!
Keep us posted please - Streaky
There is some (read "more than some") chance that the cyclist will file a claim against you. Good job you went to the cop-shop - was a statement taken or report filled in? Make a note now of the cyclist's injuries that you remember. Speak to your insurers, they might be able to offer good advice, they might even take the claim on against the cyclist. Speak to the CAB or a lawyer (often no change). Does your car insurance cover you for civil claims (making and defending)? As already said, the SCC is another avenue.
But, get your claim in quickly!
Keep us posted please - Streaky
I'd recommend talking to the Cyclists Touring Club (CTC) legal guys. Obviously they tend to fight on behalf of cyclists (!), but in this case:
a) they may be really pleased to hear from a motorist with a (polite and reasonable) query, and
b) their view may forewarn you of the worst-case-scenario.
a) they may be really pleased to hear from a motorist with a (polite and reasonable) query, and
b) their view may forewarn you of the worst-case-scenario.
I clipped a cyclist with my wing mirror yesterday
TW4T was hurtling down a narrow one way narrow shopping street the wrong way, I was watching my nearside avoiding all the numpties stepping into/standing in the road and apparently (according to one of my staff who was following me) caught him a glancing blow with the offside mirror on his shoulder/rucksack
apparently he stopped 25 yards down the road and was looking back (possibly taking my reg plate) Oh well - wait and see if I get a visit from
s 
failing to stop?? - Troble is I didnt know until I was told 2 mins later at the traffic lightsMarcos Maniac said:If you're still in time (24hr), report it at your local cop-shop ... just as you describe above. Get your oar in first! - Streaky
I clipped a cyclist with my wing mirror yesterday
TW4T was hurtling down a narrow one way narrow shopping street the wrong way, I was watching my nearside avoiding all the numpties stepping into/standing in the road and apparently (according to one of my staff who was following me) caught him a glancing blow with the offside mirror on his shoulder/rucksack
Oh well - wait and see if I get a visit from
pentoman said:Russ - In your initial post, you said, "I took him to the police station to file a report but they pretty much refused as they said no-one was injured, but I wanted his admission of fault on record.", now the BiB come a-calling saying he's injured.
Today plod called.
They said the boy had an injury on his leg and slight concussion. They want me to go in to show them my vehicle documents, which I'm going to do in a few hours.
1) Did you tell the 2nd set of BiB what transpired at the police station?
2) Were they aware beforehand that you had been to the station.
3) How did they reconcile the difference?
4) Did they make a record of your visit at the time?
5) Did this contain references to their view that the cyclist was uninjured?
It's easy to preach when you've been there before, but based on my and my daughter's experiences I would ALWAYS:
A) Call the police (and an ambulance) if anyone involved in the accident said they hurt anywhere and especially if the accident took place at "some" speed and/or was a rear-end or 3/4 impact;
B) Otherwise (or in no BiB/ambulance attendance) report the accident to the/my nearest police station, informing them that no-one requested medical attention at the time, but you are aware that latent injuries and consequent claims might reveal themselves in the coming days.
I know it ties up police time (and I'm generally against doing that unnecessarily), but so does a couple of BiB coming to your house and accusing you of not reporting an accident, and a civilian could deal with much of the reporting at the station.
Streaky
pentoman said:
Today plod called.
They said the boy had an injury on his leg and slight concussion. They want me to go in to show them my vehicle documents, which I'm going to do in a few hours.
Will I have to make a statement? Any helpful information?
thanks
Russ
I would remind the plod that you did attend the station at the time of the accident and they couldn't be bothered.
I think a complaint is in order here at least.
swilly said:
I think a complaint is in order here at least.
Complaint against who? The police for not taking the accident and recording it? If they had just reason for doing so (depending on current policy etc), then so be it....
When people complain about the police all the time, it's no wonder certain officers do everything by the book when they stop you in your car. ie: ticket/report on summons everytime, no discretion, then you can't get complained about.
Think! Street
Streetcop said:
swilly said:
I think a complaint is in order here at least.
Complaint against who? The police for not taking the accident and recording it? If they had just reason for doing so (depending on current policy etc), then so be it....
When people complain about the police all the time, it's no wonder certain officers do everything by the book when they stop you in your car. ie: ticket/report on summons everytime, no discretion, then you can't get complained about.
Street
So following the incident he does the rational thing and visits the police station and attempts to report the facts with both parties present. He is then advised that the police have no interest
. He is then contacted to produce documents! (and hazarding a guess this is going to lead to a compenstaion claim that almost inevitably the ins co will pay out on!) Can you tell me where there was room for discretion here? Discretion does not come into it. The officer concerned in my opinion should have taken details at the time as well as a possible statement from both parties. Surely from listening to the facts initially outlined any fool would be able to see that this would escalate! You appear to jump blindly to the defence of anybody levelling any form of critiscism towards the police service! There are good and bad in all walks of life! Perhaps the officer in question was having a bad day and didn't want to pick up all the additional work that this would create . How would you have dealt with this situation if you were the officer approached? Think! >> Edited by stone on Thursday 29th July 11:34
My brother was stationary at a set of traffic lights when a cyclist rode off the pavement, misjudged the kerb and landed on his bonnet. This caused damage to his car.
Despite being surrounded by people, nobody was prepared to witness the accident (scum, I would always witness and have done so in the past as it makes everybodies life easier in the long run).
The lad said he was OK at the time but a couple of days latter my brother got a call from the police. Fortunately nothing came of it but I would call the police if this happened to me. I would also write down the registrations of surrounding cars (assumming they didn't clear off asap).
Hate this don't get involved attitude people seem to have these days.
Despite being surrounded by people, nobody was prepared to witness the accident (scum, I would always witness and have done so in the past as it makes everybodies life easier in the long run).
The lad said he was OK at the time but a couple of days latter my brother got a call from the police. Fortunately nothing came of it but I would call the police if this happened to me. I would also write down the registrations of surrounding cars (assumming they didn't clear off asap).
Hate this don't get involved attitude people seem to have these days.
Streetcop said:
swilly said:
I think a complaint is in order here at least.
Complaint against who? The police for not taking the accident and recording it? If they had just reason for doing so (depending on current policy etc), then so be it.
So, are you suggesting that some "forces" might have a policy not to record "injury accidents"? Pull the other one! One fewer statistic for the SCPs ... I don't believe it!
quoting gone (in a previous thread)]:
"Do you really know what the law states and if you are unlucky enough to be invovled, can you be sure you are complying with Section 170 Road Traffic Act 1988?
In a nut shell.
Sect 170(1)
It applies to any Mechanically propelled vehicle and not just Motor vehicles. Dumper trucks and lawn mowers are subject to this rule!
a)& b) It applies whether injury or damage is caused other than yourself or to the vehicle or trailer you are towing. It also includes any *ANIMAL * (special classes apply) other than one in or on your vehicle.
Sect 170 (2)
You MUST STOP and give your name and address if required by ANY PERSON having reasonable grounds to require them. Your details may be required by anyone not even directly involved in the crash SO BE CAREFUL!!!
(R v Macarthy, The Times, 8th January 1999) states that you can give the address of your solicitor in place of your own!!!
Sect 170(3)
If you do not give your name and address (or your solicitors) to ANYONE who reasonably requires it, you must report the accident!
Sect 170(5)
If you do not produce a certificate of insurance at the time of the crash, to a Police Officer or anyone who has reasonable grounds for requiring it, You MUST report the accident and produce insurance at the same time.
Sect 170(6)
If you fail to comply with Any obligation above re name/address/insurance at the time of the crash, you must
a) do so to a Police Officer or Police station
b) do so as soon as is reasonably practicable and in any case within 24 hours
Notes for guidance (from case law)
1. The duty to provide name and address also includes the neame and address of the owner of the vehicle (DPP v Bennett [1993]RTR 175)
2. As above you can give your solicitors address in place of your own (R v Macarthy, The Times, 8th January 1999)
3. You must comply with this duty regardless of blame but the driver must know of the accident. (Harding v Price [1948] 1 All ER 283)
4. Damaged caused under circumstances in Section 170(1) above applies to any vehicle and not one which is mechanically propelled (bicycles and trailers)
5. If the only damage caused is to the vehicle itself, injury caused to the driver alone or any animal in/on the vehicle, then the accident is not reportable. It will be reoprtable if a (human)passenger in the vehicle is injured.
6. The accident must be on a road and not private premises. (this does not negate provisions for insurance issues which apply in public places, some of which could be private land!)
7. You must not drive past a Police Station [ ... ] without stopping at that station [to report the incident]. This is the meaning of reporting it as soon as reasonably practicable. There is no requirement that you actively search out the nearest one, but having got home, you should go straight to your local one." [gone's original emphasis removed by cut-n-paste operation, and some editorial tidying in (7) for clarity - S]
'Nuff sed?
Streaky
>> Edited by streaky on Thursday 29th July 16:41
I don't think resorting to personal insults about peoples intelligence helps though.
I think the point streetcop is making is that some complaints are unjustified and thus end up taking ages to resolve. Fro example a complaint made against me (NHS) Is spent 3 days sorting it out when I could have be seeing patients. The result, me found not guilty. The charge, not giving potential drugs of abuse to a drug addict.
I think the point streetcop is making is that some complaints are unjustified and thus end up taking ages to resolve. Fro example a complaint made against me (NHS) Is spent 3 days sorting it out when I could have be seeing patients. The result, me found not guilty. The charge, not giving potential drugs of abuse to a drug addict.
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