Being personally sued for a bike collision - any advice?

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beezee

New Member
About a year and a half ago I was involved in a bike collision on my way home from work. Basically I was driving through a busy four lane one way street in Central London in the Haymarket area. As I was cycling through one of the middle lanes a pedestrian ran out into the middle of the road to try and beat traffic despite the traffic lights being green and cars still slowly moving. As she did so, the traffic began to move quicker, so she stopped, turned, and moved back directly into my path - knocking me off.

I managed to get the bike out the way, but came off over the handle bars and collided with the pedestrian. I injured my shoulder and was pretty much saved from worse injuries by my back pack at the time - the pedestrian got a cut on the back of her head, I called an ambulance, and waited with her directing cars away from where we were until it came - we were in the middle of the road.

The police also eventually came. They spoke to people, told me I was not at fault and a pedestrian should not be running into the middle of a busy street during rush hour in London. Despite being a careless thing to do for herself, it’s incredibly dangerous for both cyclists and cars. Later in a phone call, they told me nothing else would come from this. A few days later, I got a call from the pedestrian's husband, apologising for the incident. Saying the police had told him I wasn't at fault, his wife had made a mistake and that he wanted to check I was okay. I said yes, and that was that. Or so I thought.

Now, 18-months later, a letter lands on my door saying I'm being sued for personal injury. The solicitors have provided little information about their claim - and are clearly hoping I have insurance and this will be quick and easy money for them. But I don't. As I unfortunately don't have cycling insurance - or any other insurance that may cover it because I'm a young man in London who also doesn't have home insurance as I rent and move location quite frequently, I run the risk of running up huge legal fees defending myself.

Has anyone else been in this situation? What did you do? Any tips would be appreciated.

Thanks for the help.
Benjamin
 
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Venod

Eh up
Location
Yorkshire
It sounds as if you have a solid defence but proving it to greedy ambulance chasing solicitors is another thing, I would join the CTC immediately their legal team may be of help.
 
The police also eventually came. They spoke to people, told me I was not at fault and a pedestrian should not be running into the middle of a busy street during rush hour in London. Despite being a careless thing to do for herself, it’s incredibly dangerous for both cyclists and cars.

Can you get this info in writing from police? Presumably you have an incident number. Don`t pay solictors is my advice-you`ve done nothing wrong. Buy all means clarify if you want.
 
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NorthernDave

Never used Über Member
Given the the police attended the incident, spoke to witnesses and decided you weren't at fault (and all this will be on record somewhere) I'd say that you were in a good position to reject their claim and once they've had all that confirmed, the other parties solicitors will probably not proceed any further with the claim.
That said it won't do any harm to get some proper legal advice as outlined above.
 
How about just write back to the solicitors concerned and tell them about the police officer's opinion and suggest they do the work to track the officer down and find out? They won't.
Be careful here, if he does that and the police inform the solicitors that the info is no longer available he may be F&%@* unless he gets his hands on the info first.
 
Agree with @Afnug . CTC's legal team for cyclist is Slater & Gordon. Call the solicitors at 0800 223 0099 and tell that you are a cyclist and also tell that you are not a member of CTC (if you are not). I understand they will still provide free first consultancy retrospectively. As you were not covered for 3rd party insurance at the time of incident, it is still worth paying for legal advice to protect whatever assets you have and your sanity.

Really poor of the lady and her husband for doing this. A real wake call for those who are not covered.

Do come back for further advice in this forum as there are a heap of folks here with enough battle scars to guide you.
 
If they can't, how could he?
You would be very surprised. Assumption is the mother of all F&%^$ ups. The first thing he MUST do is get that info. If he is slow off the mark and the solicitors get in first, and then he tries some time later it may just have disappeared. I have had the police & CPS (between them) lose the charge sheets to a case and the individual was never charged because of it, and I consequently sued both, but thats another story.
 
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Tin Pot

Guru
I wouldn't assume that the woman or her husband know anything about this.

But then I'm very cynical.

For instance, when you say you were driving in the first paragraph, did you mean to say cycling?
 

classic33

Leg End Member
There will be an incident report and possibly a Pocket Note Book entry from the cops who attended. Go and ask for them. You may have to fill out a request form for the info and there may be an admin charge.
Not always either done, let alone kept.
Assuming the call was made from a mobile, get in touch with the network and ask them to give the time, date and location at the time of the call. First two they will have, the third they may not be too willing to supply.
 

steveindenmark

Legendary Member
Whatever you do. Get legal advice, even if you have to pay for it. CTC is a good suggestion. I would leave everything to a solicitor to reply to. This sounds like a simple case but your mouth can drop you in it.

You need to find the incident report which will be logged at a police station. Your solicitor will need this to start with.

Dont try and hide from this because they will find you in the end. I know this as I used to find people for a living.
 

Philh

Über Member
Location
Congleton
I would contact a no win no fee ambulance chaser and get them to pursue the pedestrian for your damages. The likely outcome is a letter from the other side stating they have dropped it.
 

craigwend

Grimpeur des terrains plats
worth being a member of CTC or British Cycling (sliver or Gold) membership for the legal cover

Do you have any household insurance that may help ?
 
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