Advise after Accident needed!

[Xiorell]

Hey all, not been on here in a bit.
Unfortunately it's an accident that's brought me back today!
Need some advise on how I should proceed. Here's the details

On my way home from work just gone 6pm, I was travelling over a RAB I've crossed many many times, doing about 20, maybe 25 mph.
Checked right - Car coming but loads of room for me to get through safely not slowing him down or putting myself at risk.
Check Left - Nothing visible
Check the right again - still miles of space
So I proceed over the RAB, in a good primary, as I head into the exit I check over my right shoulder, nothing. Check over my left shoulder - Silver bonnet approaching the back end of my bike - promting me to try and duck right a bit to get clear which I couldn't in time, car comes right into the back wheel - sending me skidding sideways on the tarmac (into the exit I was taking).

There's no way I was in a blind spot - this guy drove right up my arse, Stevie Wonder could have seen me, and I did have the right of way.
The actual collision would have been about 6.15PM - I didn't have my lights on but visibility was fine - broad day light just slightly over cast.

Here is a map/diagram

As for injury - I am alright, bashed my elbow and my arm bashed my chest a bit but I'm alright (was waring my helmet as always too), might be a bit sore in the morning but I'll be ok

As for cycle - To all intents and purposes the bike is f***ed. Back wheel it completely buckled to hell and split (double walled 700c) - Rear mech and hanger are bent - rear V-Breaks are done in and I can't quite make out if the read triangle is buckled (it's a bendy frame so difficult to say). The rest is scuffs etc to my trip-comp, light, saddle etc
This is my only form of transport btw and while work is in walking distance, having a bicycle makes getting there and back alot easier and of course social commuting etc.

The driver - DID stop, DID give his address/number seemed sorry enough I guess - offered to pay for the wheel but I had just been driven into and sent 10meters down the road so I didn't see the other damage
His car was fine.

SO boys and girls, this is my first ever accident of any kind - how do I proceed from here? Do I need to report this? Do I just go get new parts and bill him?
Honestly new territory to me I've not a clue how to go about this.

I thought on Monday I should get the bike to a LBS and get a full damage/cost report done?

 

[brokenflipflop]

As far as I'm concerned a RTA involving injury to persons should be reported to the police. Also Ideally get independent witnesses. When the Police attend they should take a statement off you and the culprit so it would be difficult for him to concoct a story on the spot to the Police whereas people have a habit of talking to their mates and sleeping on it and all of a sudden (especially with no damage to his car) he doesn't know what you're talking about or he didn't touch you.

It's a bit late now I suppose but camera-phone pictures of bike, car, road would be more evidence. Certainly get a solicitor to sue for damages (assuming blame has been accepted/he tells the truth) off his insurance. That's damage to the bike and of course yourself.

The main thing is is that you're Ok thank God. The bike and the damages are of little importance in the big scheme of things aren't they.

Good luck with it.

 

[Xiorell]

Yeh I guess I could have done some more to cover myself after the incident but, first time anything like that ever happened etc you don't think it all out I suppose

I do have a witness - someone from work was coming around the RAB behind the guy who hit me, saw the lot.

 

[Glover Fan]

Should have called the police at the scene.

 

[Noodley]

No need for the Police to attend, the driver provided all details required.
Find out the costs and contact the driver - he can either pay you the amount or go through insurance.

If you wish to take legal advice then that is up to you.
It sounds as if there is slight injury to you, it might be worth a claim.

 

[Xiorell]

I don't really wanna blow this up if ya know what I mean I just wanna go about it right, not wanting to screw anyone over.
I have called it in to the Police now and I have to go down there in the morning too.

 

[martint235]

As injury occurred, the driver should still report it to the police. It doesn't require a "blues and twos" response but he should pop into his local nick and tell them

"An accident should be reported:

• If personal injury is caused to a person other than the driver of that motor vehicle
• If damage is caused to another vehicle
• If damage is caused to an animal (horse, cattle, ass, mule, sheep, pig, goat or dog), other than an animal being carried in that vehicle or trailer.
• If damage is caused to any other property forming part of the land on which the road is situated

In a road traffic collision involving fatal/serious injury, contact the police immediately by phoning 999.​

'Injury Collision'

In a non-serious incident, but where injury is caused - the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give their name and address, and also the name and address of the owner and the identification marks of the vehicle.​

If not, the accident must be reported to the police as soon as possible, and in any case within 24 hours (this covers instances in which the persons involved are not able to comply with the requirement to report the incident immediately due to circumstances over which they have no control)."​

You don't really know what injuries you have until you wake up tomorrow and find out how much it hurts. It may be worth a visit to A&E for a check and to get it recorded.​

If you take legal advice, I found when I last had an accident (didn't hurt myself but did damage the bike) very few solicitors (including CTC) were interested as there was no personal injury claim.​

 

[Noodley]

As injury occurred, the driver should still report it to the police....

In a non-serious incident, but where injury is caused - the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give their name and address, and also the name and address of the owner and the identification marks of the vehicle.​

If not, the accident must be reported to the police as soon as possible, and in any case within 24 hours​

​

So which one is it?​

The correct answer is the bit I have highlighted. Not your first sentence.
No need to report it to the Police.​

 

[gaz]

No need for the Police to attend, the driver provided all details required. Find out the costs and contact the driver - he can either pay you the amount or go through insurance.If you wish to take legal advice then that is up to you.It sounds as if there is slight injury to you, it might be worth a claim.

You should 100% call the police in this situation, drivers may give you incorrect details, they may not be insured or may be drunk. All things which make any form of chasing up an incident after it happened a difficult task or difficult to prove.

So which one is it?[/left]

The correct answer is the bit I have highlighted. Not your first sentence.No need to report it to the Police.​

Hmm. seems the wording in the RTA doesn't suggest that all RTC's must be reported to the police. As noodley suggests you only have to do that if you don't supply details to other parties involved.

 

[Noodley]

You should 100% call the police in this situation, drivers may give you incorrect details, they may not be insured or may be drunk. All things which make any form of chasing up an incident after it happened a difficult task or difficult to prove.

Tripe, total and utter tripe.

 

[Noodley]

All RTC's must be reported to the police by law.

That is bollocks.

 

[gaz]

Tripe, total and utter tripe.

Not tripe though is it.
If someone gives you incorrect details, what are you going to do?
What are you going to do if they are uninsured and then claim it wasn't them driving?
What are you going to do if they where drunk but you have no way of proving it?
I would much rather get the police involved and get the situation handled properly. It also speeds up the paper work system as the police do the initial reporting of the RTC rather than me.

That is bollocks.

That is indeed bollocks, I checked the RTA and you are correct, i re-edited my post to suggest such

 

[gaz]

If you take legal advice, I found when I last had an accident (didn't hurt myself but did damage the bike) very few solicitors (including CTC) were interested as there was no personal injury claim.​

The reason they aren't interested is they have no way of claiming any legal costs from the other party as the total amount is not enough to take the case out of small claims court.

 

[Noodley]

Not tripe though is it.
If someone gives you incorrect details, what are you going to do?
What are you going to do if they are uninsured and then claim it wasn't them driving?
What are you going to do if they where drunk but you have no way of proving it?
I would much rather get the police involved and get the situation handled properly. It also speeds up the paper work system as the police do the initial reporting of the RTC rather than me.

It is tripe.
You will have the registration number of the car.
If they are uninsured and claim it was not them driving then that is when the Police may be involved.
If you suspected they were drunk then call the Police - it's usually easy to work out.
It does not in any way speed up the process. It slows it down.

Don't try to apply "what if's" to a situation which is quite straight forward.

As far as I can see, as a result of poor advice given to the OP, he has now made an appointment to visit the Police. Hey ho.

 

[Noodley]

That is indeed bollocks,

Yes I knew it was