# Crash in to back of car



## sprocket18 (16 Feb 2011)

Hi I was cycling about 20mph. The car in front slammed on brakes to pull around a left hand corner. No idicators I had to swerve and hit the back bumper, flew over back of car and landed on a main road (two lanes). I was lucky nothing was coming. Three stitches and grazes on my forehead, broken glasses, bent forks, dented top tube, buckled wheel, broken rear mudguard, gubbed brooks tape. The bike is a Flying Scot, re-painted at Mercian (collectors bike). The police were there, witnesses, ambulance and the woman was hysterical crying and repeating I could have killed you I could have killed you... hugging me whilst blood was pishing out my head. I basically had to comfort her as the police were trying to drag her off me! My bike was in the ambulance the police and ambulance guys were saying nice bike and taking photos of it whilst I had a massive bandage round my head. Do you think I have any claim opportunity against the driver?


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## frank9755 (16 Feb 2011)

No. 

In a collision like that the vehicle behind (ie you) is at fault for not leaving a sufficient stopping distance.


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## tyred (16 Feb 2011)

Assuming the car had working brake lights, it's hard to argue a case for the driver to be in the wrong in this situation.

Leave sufficient space to the vehicle in front, etc.


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## HLaB (16 Feb 2011)

Like said I'd seriously doubt it in fact I'd be more worried about them claiming off you. Sorry if that sounds harsh, I hope your injuries weren't too bad, safe riding.


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## Dan B (16 Feb 2011)

Sorry to hear of your crash, and get well soon, and all that, but the others are right: it's very very rare in a rear-ender for it to be classed as anything other than teh following vehicle's fault


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## redjedi (16 Feb 2011)

I also learnt the hard way to leave enough stopping space from the car in front. 
Luckily mine was a just a broken hand and elbow, bike escaped with just cosmetic damage, but I couldn't ride for 8 weeks.

I left a large dent in the rear wing of the car I hit and although I gave the driver my contact details he didn't contact me to pay for the damage, which he would have been fully entitled to do.

Only yourself to blame I'm afraid.


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## Camgreen (16 Feb 2011)

Ouch sounds nasty, hope you recover soon.

Pretty much what everyone else says really; while the car should've indicated its intentions to make a left turn, the brake lights (which you did say you'd noticed?) gave you the warning that the vehicle was stopping/slowing down. The fact that it caught you unawares unfortunately just evidences the fact that you weren't leaving a big enough gap between you. I realise that she might have stopped in a hurry and caught you by surprise, but in other circumstances that might have been to make an emergency stop because someone had stepped out/pulled out on her. 

Sorry to continue the bad tidings, but if the impact has damaged the car, and presumably it has, I'd expect a call from her; particularly once she's had time to calm down and think about things. Have you got insurance cover by the way?


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## Alien8 (16 Feb 2011)

Hard luck mate - reckon you'll just have to take this one on the chin.


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## zigzag (16 Feb 2011)

just reminded me my incident couple of years ago. the bus was waiting for a green light and i was behind. as soon as the bus started moving i've tried accelerate and cling on to get a "free lift". but suddenly it braked sharp (not sure why, maybe someone jumped in front) and i planted my face into the back of the bus and then onto the pavement. nothing major, scrapes and bruises, but i dont chase buses anymore..


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## mightyquin (16 Feb 2011)

I'd agree with the comments so far - given that you ran into the car which was in front, unfortunately you would be held to blame (no matter that the car failed to signal, if it had stopped suddenly for another reason such as someone stepping out in front if it, the result would most likely have been the same?).

The main thing is that you are not (too) badly hurt. The bike and car are replaceable.


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## boydj (16 Feb 2011)

The only situation where you might have a claim is if the car had just overtaken you when the driver braked hard to take the corner. Otherwise you are liable for damage to the car if the driver wants to make a claim.


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## Bikeabit (16 Feb 2011)

Sorry. Basically the liability is all yours. You may even get billed for the ambulance.


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## HLaB (16 Feb 2011)

Bikeabit said:


> You may even get billed for the ambulance.



Completely OT but that reminded me of this poor chap.


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## sprocket18 (17 Feb 2011)

Would a solicitor be able to access police witness statements (witnesses there!) and a statement made by the driver at the time in order to assess the case before making a claim? Would this be done confidentially? I wouldn't want the woman's insurance company to know that this was being done in case it gets their back up and initiates a claim aganist me. 

I know that the general opinion on the forum is no to a claim but legal advice would be good too. I want to be wary about it.


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## steve52 (17 Feb 2011)

i ride like every car bus lorry is out to kill me, allways looking for escape options am i paronoid? but ive been doing it for years and should continue to do do it for manymore


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## beanzontoast (17 Feb 2011)

Hope you aren't too shaken up.

The only thing I can see to mitigate your liability is that you say the driver did not indicate that they were turning. Presumably the witnesses would have seen this too. IMHO the sudden braking is not really the point; if you had left more room you would have been able to stop in time and unfortunately for you I think that's the view that would prevail.


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## frank9755 (17 Feb 2011)

sprocket18 said:


> Would a solicitor be able to access police witness statements (witnesses there!) and a statement made by the driver at the time in order to assess the case before making a claim? Would this be done confidentially? I wouldn't want the woman's insurance company to know that this was being done in case it gets their back up and initiates a claim aganist me.
> 
> I know that the general opinion on the forum is no to a claim but legal advice would be good too. I want to be wary about it.



If you made a claim, she and her insurance company would know about it! You can be sure the counter claim would come then. And most probably succeed given that, by your own admission, this woman was driving along minding her own business and you were cycling furiously and slammed into the back of her.


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## Norm (17 Feb 2011)

You ran into someone. What would be the basis of any potential claim against them? 

I would be ashamed of any legal system and any solicitor that did allow you to get anything out of it.


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## Rob3rt (17 Feb 2011)

sprocket18 said:


> Would a solicitor be able to access police witness statements (witnesses there!) and a statement made by the driver at the time in order to assess the case before making a claim? Would this be done confidentially? I wouldn't want the woman's insurance company to know that this was being done in case it gets their back up and initiates a claim aganist me.
> 
> I know that the general opinion on the forum is no to a claim but legal advice would be good too. I want to be wary about it.



Im struggling to comprehend this.............

I really dont mean to be rude, but I just cannot understand what sort of internal dialogue leads to the idea that it is okay to claim against a driver (whom admittedly wasnt driving excellently by slamming her brakes on in a non-emergency situation) who you ran into the back off (due to your own negligence) and absolutelly terrified, reducing her to tears and hysteria and probably a whole lot of worry and anxiety over the following days. If anything you should be offering to pay for the damage to her car and making your apologies, letting her know you are okay and relieving her of some of the guilt that she is probably wrongly feeling.

A big off on your bike is terrible, I sympathise with you in that you must be gutted about your bike and feeling pretty low with your injuries etc (i've been there twice in the last year - fortunatelly the driver was at fault in both of my offs) but it was your fault, you need to face up to this reality and stop trying to transfer blame (which by putting a claim in, you are doing).


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## Camgreen (17 Feb 2011)

sprocket18 said:


> *Would a solicitor be able to access police witness statements (witnesses there!) and a statement made by the driver at the time in order to assess the case before making a claim?* Would this be done confidentially? I wouldn't want the woman's insurance company to know that this was being done in case it gets their back up and initiates a claim aganist me.
> 
> I know that the general opinion on the forum is no to a claim but legal advice would be good too. I want to be wary about it.



What your claim? One and a half pages and a broad cross-section of responses suggest the fault lies with you and I really can't see that viewpoint altering. Personally the only legal advice I'd be seeking is clarification of what the worse case scenario might be regarding your liability for the damages caused, ambulance costs etc and whether you have sufficient indemnity against a claim in the form of personal cycle insurance. Possibly you could at least check if the police have received any complaint from the driver and whether they are likely to take any action as a consequence. If not MAYBE she won't pursue a claim through her insurers, but essentially I think that will depend on the extent or more pertinently the cost, of repairs; though I would feel certain if she's talked it over with a third party, the sympathy that was initially so forthcoming will quickly have disappeared; that's human nature I'm afraid.

Sorry to appear so blunt. Hope you're on the mend soon and the bike repairs don't prove too costly.


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## sprocket18 (17 Feb 2011)

Well it wasn't what I really wanted to hear. But thanks everyone for helping me clarify the situation. My wounds are almost healed. Hopefully they will be fully healed by next Friday. I have an interview and I don't want to look like some thug that's been out on the piss and came off worst in a fight.


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## Silver Fox (17 Feb 2011)

Where's there's blame, there's a claim.

You may find her insurance company contacting you.


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## Niloc (12 Aug 2014)

My daughter has just come home in tears having been shouted at by a cyclist that ran in to the back of her car when she braked from 5mph because he was too close. The cyclist was 40 plus and launched into a rant about her braking, but the reason she stopped from a wicked speed of 5mph was because she was pulling out to over take a stationary car and the cyclist went in to her blind stop so in her mind it was better to stop than crush the cyclist who she had lost from her mirror view.

I am a keen cyclist so am always telling my daughter to take care around bikes but at the same time cyclist need to act with respect to other road users. None of us own the road and both parties need to be aware of each other at all times. No one likes being wrong but running in the back of someone I am afraid is always going to be the person that hit the front persons fault. Two wrongs don't make a right either!


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## Tynan (13 Aug 2014)

of course the OP's fault

but given he is presumably uninsured they're not going to claim against him are they?


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## jamin100 (13 Aug 2014)

Tynan said:


> of course the OP's fault
> 
> but given he is presumably uninsured they're not going to claim against him are they?


No idea but it was over 3years ago now so probably all sorted


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## fossyant (13 Aug 2014)

Put it down to experience Niloc - there are idiots out in cars, bikes, vans etc. She did what she thought best. I would suggest she write down tonight her experience before her memory forgets the details. She may not need it. The rider may be an idiot, he may not. 

That's the stock response for anyone involved in an incident. 

It's not nice to experience an 'accident' - no knowledge how old your daughter is, but put your 'old head' on and get her to note it down. Let the insurance sort it if needed. Sometimes crap happens and it's no direct blame, but 'events' cause issues.

Some folk get very shouty.

I was smacked off my bike by a lady doing 30 mph into my side. I was a bit sweary on the floor, and punched her car, but apologised as she was in total shock - I dealt with it better than she did in the end. Shame my injury took 4 years to fix... 

Do your Dad stuff, and explain about life experience. I wish my loony niece would have a twang in her car, as she drives like an idiot. A little scratch would stop her speed... she passed me at 50 mph last week on a 30 - I was doing 30 on my fixed (GPS) - I told her mum...


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## albion (13 Aug 2014)

I had a driver scream past me, then suddenly brake causing me to panic swerve.
She pulled into a spot, getting out with a proud grin on here face.

She had beaten all other cars to that rare convenient school run parking spot.
And just maybe it was for that very same school that a guy ha pulled out on me causing me to hit him side on.

I imagine it is just crazy at that time in the afternoon.


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## paddy01 (13 Aug 2014)

Holy thread resurrection Batman!


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## Glow worm (13 Aug 2014)

''I am a keen cyclist''


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## Cycling Dan (13 Aug 2014)

Niloc said:


> My daughter has just come home in tears having been shouted at by a cyclist that ran in to the back of her car when she braked from 5mph because he was too close. The cyclist was 40 plus and launched into a rant about her braking, but the reason she stopped from a wicked speed of 5mph was because she was pulling out to over take a stationary car and the cyclist went in to her blind stop so in her mind it was better to stop than crush the cyclist who she had lost from her mirror view.
> 
> I am a keen cyclist so am always telling my daughter to take care around bikes but at the same time cyclist need to act with respect to other road users. None of us own the road and both parties need to be aware of each other at all times. No one likes being wrong but running in the back of someone *I am afraid is always going to be the person that hit the front persons fault. *Two wrongs don't make a right either!



Not always.


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## CopperCyclist (14 Aug 2014)

Agree with everything that has been said, don't very much you have a claim. The only exception is if the answer to the question "Why were you so close you couldn't stop" is "because she had literally only just passed me and slammed on the brakes before I could react." 

If this isn't the case, her reaction makes it seem like she is a genuinely decent human being, and as such the idea of trying to claim against her if it wasn't her fault leaves a nasty taste in the mouth.


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## ufkacbln (14 Aug 2014)

Alien8 said:


> Hard luck mate - reckon you'll just have to take this one on the chin.



I think taking it on the forehead is close enough!


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## Roadrider48 (14 Aug 2014)

+1 for all the other comments....Too close to vehicle in front.


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## byegad (14 Aug 2014)

Unless the car overtook you and immediately braked hard, you have no chance. 
Assuming it didn't, substitute 'braked for a turn' with 'braked for a child running into the road' and you'll see what I mean.


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## Andrew_P (14 Aug 2014)

just confirms that a lot people read the opening post and then go straight to reply without reading the other contributions to se if they can add any more, because it was only two pages I read it all so I was fully aware it was from 2011 and had been bumped


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## jazzkat (14 Aug 2014)

Andrew_P said:


> just confirms that a lot people read the opening post and then go straight to reply without reading the other contributions to se if they can add any more, because it was only two pages I read it all so I was fully aware it was from 2011 and had been bumped


Didn't see the date myself until it was mentioned.



fossyant said:


> I told her mum...



If only all misdemeanours could be fixed in this way


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## ufkacbln (14 Aug 2014)

Glow worm said:


> ''I am a keen cyclist''




Last time I heard that was to explain a very close pass at a pinch point.....


Having literally shaved my shoulder, I was informed that 

"I am a keen cyclists and I know how close you can overtake safely. You didn't need any more room"

Except less poitlely.

The Police didn't agree with his claim either, and had words after I dropped off the video.


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