Hit a bicycle today

Author
Discussion

pentoman

Original Poster:

4,814 posts

265 months

Friday 30th July 2004
quotequote all
streaky said:


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?
Streaky


Okay, did it yesterday. Docs are fine, the fed was a nice young guy who lives in Bristol (as did I until recently) and also went to University.

They were fairly friendly and weren't accusing. Took a statement. It sounds entirely like he's in the wrong, I'd be surprised if it goes anywhere.

1,2) The Police station already knew that I'd been there, yes, and it was noted in my statement/accident report. I didn't give them too much stick for sending me away, but the woman on the desk was a bit quick to do so IMHO. The boy did insist he was fine but I was aware people often 'discover' a week later they are stiff/injured.

3) They didn't.. just explained they didn't think he was injured.

4) No

5) No, but they noted in the statement we came to the station and he appeared uninjured. He had 15 stitches in his knee apparently.

As for the issue of complaints, I don't feel like they have done anything terribly wrong, although they could have been more accomodating on first report attempt.

However, if any case should arise of this, I will if necessary make sure the police have a difficult time explaining the situation.



I really hope he's not claiming damages, as I would have to be negligent. Unless he wins on some American-style ridiculousness such as "car driver was negligent as he was using a car that is bigger than it is necessary to drive around in" he will have a very hard time, particularly as I took pictures of the scene with my Nokia 6600 camera phone. I won't post them, but you'd laugh at how close I am to the kerb on my side, and how clearly suicidally he was riding his bike.


Russ
'86 190E (Damage magnet), '62 Elan


P.S. Discovered yesterday I can't open my bonnet. sounds expensive.

mechsympathy

53,089 posts

257 months

Friday 30th July 2004
quotequote all
pentoman said:

P.S. Discovered yesterday I can't open my bonnet. sounds expensive.


What a pain in the ar$e, but I should make sure you prepare to sue him back.

J_S_G

6,177 posts

252 months

Friday 30th July 2004
quotequote all
If you have pictures you took at the time, I'd suggest either getting in touch with him and letting him know you have them, or printing them out & giving him a copy to remind him of what actually happened. The mind can play tricks on you in a situation like that, and you can bet he'll have convinced himself he was in the right by now. And even if he hasn't, then then you can be damned sure the ambulance chasers will have convinced him...

Best to add reality back to the situation, eh?

>> Edited by J_S_G on Saturday 31st July 12:13

cortinaman

3,230 posts

255 months

Saturday 31st July 2004
quotequote all
good luck with this one mate,just remember not to get lionel hutz as your lawyer......

hutz: "uh-oh,weve drawn judge snyder"
marge: "is that bad?"
hutz: "well,he's kind of had it in for me since i accidently ran over his dog.....actually replace 'accidently' with 'repeatedly' and 'dog' with 'son'"

or the classics

hutz: "im lionel hutz - attourney at law,whats this?,a broken neck?......great!

hutz: "hi im lionel hutz and i'll be representing you on the charge of.....WOW!first degree murder!.....even if i loose i'll be famous!!"

pentoman

Original Poster:

4,814 posts

265 months

Wednesday 13th October 2004
quotequote all
Well.. you were right (sigh). After my solicitor has sent a number of letters to them, my solicitor has now had a letter back from a solicitor (read those daytime tv advertising f***ers) saying it was my fault.


Man am I glad i took pictures.

SO glad.

I cannot wait to see their faces when they see how in the wrong the cyclist is, it really will make me laugh my floppy head off.

Let it be a lesson to you all: TAKE PICTURES!

BUY A DISPOSABLE CAMERA AND LEAVE IT IN THE GLOVE BOX, AND DON'T BE AFRAID TO USE IT!!!

TAKE PICTURES!!!
TAKE PICTURES!!!
TAKE PICTURES!!!
TAKE PICTURES!!!
TAKE PICTURES!!!

My solicitor's advice is to ignore it and see if they persist.

Russ


P.S. Now p***ed off with the police for not bothering to take a statement at the time, when he hadn't had time to think up some lie.

>> Edited by pentoman on Wednesday 13th October 16:51

ian8542

615 posts

254 months

Wednesday 13th October 2004
quotequote all
How many times must this happen and when is something going to be done about it.
Most people will not fight this type of thing and the compensation culture blossoms as the insurers pay out thousands thus increasing everybodies premiums.

supraman2954

3,241 posts

241 months

Wednesday 13th October 2004
quotequote all
pentoman said:
Man am I glad i took pictures.

SO glad.

I cannot wait to see their faces when they see how in the wrong the cyclist is, it really will make me laugh my floppy head off.

Let it be a lesson to you all: TAKE PICTURES!

BUY A DISPOSABLE CAMERA AND LEAVE IT IN THE GLOVE BOX, AND DON'T BE AFRAID TO USE IT!!!

TAKE PICTURES!!!
TAKE PICTURES!!!
TAKE PICTURES!!!
TAKE PICTURES!!!
TAKE PICTURES!!!

Sad but true:

I've just ordered a camcorder specially for use in my car, I don't want to get stung by some uneducated numpty. I also carry my decent camera everywhere I go.

shnozz

27,596 posts

273 months

Wednesday 13th October 2004
quotequote all
ian8542 said:
How many times must this happen and when is something going to be done about it.
Most people will not fight this type of thing and the compensation culture blossoms as the insurers pay out thousands thus increasing everybodies premiums.


and if they do fight this kind of thing they waste thousands on legal fees to get hammered at Court. As I did about a month ago on an outrageous case by an employee against an employer. Totally ridiculous, but lost. Our barrister assessed prospects of success in the defence at 70% but low and behold, judgment for the Claimant. You see why the insurers would rather buy off that risk? Until the Courts (and legislation allows the Courts) start throwing out the claims, the insurers arent going to throw money down the drain time and time again. Its all well and good suggesting that insurance premiums are rising due to these claims - but they would rise a damn sight more if the insurers dug their heels in at every slightly suspect claim (probably about 50% of them....) and then lost at trial...

pentoman

Original Poster:

4,814 posts

265 months

Wednesday 13th October 2004
quotequote all
What's the situation like in Europe for this?

I've hated this country for a while now and have no good reason to stay here, apart from the prospect from being sued for being 'too blonde' or taxed for being over 6 foot.

Oh wait that's the vehicle over 6 foot SUV tax..

Even America isn't this stupid.

Russ

Mr E

21,778 posts

261 months

Wednesday 13th October 2004
quotequote all
pentoman said:
Well.. you were right (sigh). After my solicitor has sent a number of letters to them, my solicitor has now had a letter back from a solicitor (read those daytime tv advertising f***ers) saying it was my fault.



Dear god.

Do keep us informed, please.

nicecupoftea

25,298 posts

253 months

Wednesday 13th October 2004
quotequote all
Sheer madness.

These greedy fks know damn well their kiddie was in the wrong, but they think they'll try and screw you for some money.

They should be THANKING you for your sensible driving which probably saved darling Darren, and giving the little scrote a clip round the ear for cycling like a twat.

Makes me so angy, what the hell has this country come to?

Mr2Mike

20,143 posts

257 months

Wednesday 13th October 2004
quotequote all
I had a nice claim against my insurance company many years ago when a stupid schoolgirl ran out into the road and knocked me of my (motor)bike, smashing my wrist to bits and put me in plaster for almost 7 weeks. Despite a witness saying I was in no way to blaim, the insurance paid out without fighting at all. Scum.

gh0st

4,693 posts

260 months

Wednesday 13th October 2004
quotequote all
Mr2Mike said:
I had a nice claim against my insurance company many years ago when a stupid schoolgirl ran out into the road and knocked me of my (motor)bike, smashing my wrist to bits and put me in plaster for almost 7 weeks. Despite a witness saying I was in no way to blaim, the insurance paid out without fighting at all. Scum.




Fu*king rediculous....

maxf

8,411 posts

243 months

Thursday 14th October 2004
quotequote all
People are basically encouraged to LIE in order to absolve themselves of responsibility and obtain a compensation payout. This makes me sick.

My GF was rear ended (in her car ) at about 60mph - clear road, perfect visibility, by some numpties. Very apologetic at the time (she seriously could have died - span several times & ended up perched on a lamppost on the edge of a river in a very dazed state). Ex-policeman came along and sorted things out. Police drove by and didn't stop (despite her most likely having fractured a vertibrae). Photos were taken and it was reported to plod.

NOW they say it was her fault and are causing her (and me) loads of stress, worry and hassle as her car is scrap (new MGTF) and she needs to replace it. Because they are LYING about the incident she now has to lose her no-claims (important when you are 24yo and like nice cars) untill it's sorted.

She was waiting for traffic to clear so she could turn right FFS, when they drove into her. How is it her fault????? They were ok at the time, until they spoke to their insurance, and say it my HER fault!! Arrrggg.

mondeoman

11,430 posts

268 months

Thursday 14th October 2004
quotequote all
Time to carry a tape recorder and a camera.

The world is s l o w l y falling apart

shnozz

27,596 posts

273 months

Thursday 14th October 2004
quotequote all
OK, the quick Shnozz guide to helping us help you:-

1. Carry a disposable camera. Printed photos are better than digital to avoid any argument of photoshop etc although digital will do. Video camera etc getting rather extreme and defence lawyer might lose interest. Or think you are rather sad. Get photos of the position of the cars post impact, the road layout and the damage to each car.

2. Get name, address, reg number and insurance details of the third party. Write a description of them in case details are false. If the MIB try and argue its "untraced" rather than "uninsured", a description can prove very useful, especially if its some time since the accident.

3. Any injury, whether alleged or real, contact the police. Personally I would contact them regardless. Reality of it is, they wont always be willing to attend.

4. Immediately try to see if there are any witnesses. Even in the most cut and dry case, get their details. if they are coy about getting involved, get their reg number and your lawyer can badger them for a response.

5. Notify your insurer asap. Think about how you describe the circumstances, even over the phone. your accident report form will provide them with information that they rely until you clairify. You dont want conflicting evidence later....

6. Try and contact his/her insurers asap. If your car is undriveable, explain you have had an accident with one of their policyholders, generally cause hassle and ask them to provide you with a hire car.

7. If you dont have legal expenses insurerance with your insurers, choose a solicitor carefully. Dont choose an accident management company. You will get stung somewhere along the line the chances are. If its damage only claim then a solicitor wouldnt be prepared to deal with it on a no win no fee agreement as they wouldnt get paid. In these cases, its either up to you to bring the claim personally in the small claims court (full guide on the court service website) or you must rely on legal expenses insurance with your motor insurers.

8. Keep an organised file with everything in. These claims can take years. Claims against you may not crop up for years. In road accidents, whilst everyone knows you have to bring a claim (ie issue court proceedings) within 3 years of an accident, its also the case that in damage only cases with no injury they can issue up to 6 years later.

9. Buy a stress ball.

havoc

30,279 posts

237 months

Thursday 14th October 2004
quotequote all
pentoman said:
Man am I glad i took pictures.

SO glad.

P.S. ...when he hadn't had time to think up some lie.

Yeah...learned that one the hard way - almost 2 years ago I was rear-ended by an old Espace on a dual carriageway - at high speed! (oh, boy, skidding at 70mph concentrates the mind!) He apologised at the time. Now...I'm still waiting for the court case since he suddenly changed his story a week after the accident!!!

Photo's - they would have sorted my case in seconds - would have proved we were nowhere near his alleged "sliproad"!!!

So I can third (4th?) that suggestion!

Raify

6,552 posts

250 months

Thursday 14th October 2004
quotequote all
I've just gone and bought a disposable camera and tucked it in the glove box!

You really can't trust anyone these days!

Streetcop

5,907 posts

240 months

Thursday 14th October 2004
quotequote all
Raify said:
I've just gone and bought a disposable camera and tucked it in the glove box!

You really can't trust anyone these days!


good man..

I've got one in each car...never know when you need them....

Street

Themoss

256 posts

240 months

Thursday 14th October 2004
quotequote all

Noticed the other day that some thieving git at the dealer stole my camera from the glovebox whilst the car was in getting it's service!