Crash in to back of car

[beanzontoast]

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.

 

[frank9755]

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.

 

[Norm]

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.

 

[Rob3rt]

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).

 

[Camgreen]

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.

 

[sprocket18]

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.

 

[Silver Fox]

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

You may find her insurance company contacting you.

 

[Niloc]

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!

 

[Tynan]

of course the OP's fault

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

 

[jamin100]

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

 

[fossyant]

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...

 

[albion]

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.

 

[paddy01]

Holy thread resurrection Batman!

 

[Glow worm]

''I am a keen cyclist''

 

[Cycling Dan]

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.