Hit by a car and the driver not accepting responsibility

[SportMonkey]

Sorry for a bit of a noob question, but here goes.

I started cycling to work 2 months ago, since then I've been t-boned (the driver said it was there fault) writing off my bike, fortunately I had only a couple of bruises. Then last Wednesday a driver overtook, didn't get all the way past and then turned left, the police and ambulance were called, but I got back up and cycled to work. Whilst still usable my bike (and I) took a kicking so I called the insured's company to see what they'd do, after being hit at 30mph by a driver who is clearly to blame I falsely expected them to offer me a new helmet and to fix my bike. Stupidly I didn't have a helmet cam. The driver turned round and has said the accident was not her fault. The policeman at the scene suggested that it was one of those things and unavoidable whilst saying all three parties had agreed to the set of events above, having mentioned the driver had seen me before going most of the way past me. The car has damaged on the rear c-pillar from my handlebars and my bike's front wheel is undamaged - proving that the car came across on me (into the cycle lane). Apparently the first she knew was when she heard the hit.

What do I do? I really don't want to have to use no-win no-fee solicitors and I didn't know you could get insurance for commuting by cycle.

(feel free to call me stupid, but any tips, suggestions etc. would be of much help)

[Edit]


Location of incident, I was following the A56 along, it's down a slight incline, about 200m from the last set of traffic lights, you tend to be pushing quite hard.
http://bit.ly/m7htdd - (http://bit.ly/m7htdd+ - for those who are paranoid about bit.ly links)

 

[gaz]

Did the police actually look into it? Is there a crime number?
If yes to both, Who did the police say was at fault?

If it was the fault of the vehicle driver. Then you could try threatening to take the insurance company to small claims court. they will more than likely pay out.

 

[SportMonkey]

Did the police actually look into it? Is there a crime number?
If yes to both, Who did the police say was at fault?

If it was the fault of the vehicle driver. Then you could try threatening to take the insurance company to small claims court. they will more than likely pay out.

The policeman was saying no-one was at fault as far as I can remember. I had just taken a pretty serious tumble though. I can't see anyway that overtaking and turning left without checking your mirrors isn't a really bad idea. I'd not overtake a cyclist that close to a junction I intended on turning down. I've chased the police up to find out what is happening though.

[QUOTE 1425919"]
The insurance company will always deny to begin with. Joining the CTC brings free legal cover. Can you join and use the cover retrospectively?

The driver admits that she didn't see you. That's a good start.
[/quote]

I'll give them a bell tomorrow.

She admitted seeing me before the overtake and turn manoeuvre then not being aware until she hit me.

 

[fossyant]

Try any one of the cycling related solicitors, and do go and get CTC or BC membership, in case it happens next time.

Left hook is deffo driver's fault. Don't get too worried about the bugger not admitting fault, it happens all the time, what ever vehicles are involved, but you do need legal representation.

You may have legal cover with your household insurance - worth checking and phoning the provider.

 

[Red Light]

Try any one of the cycling related solicitors, and do go and get CTC or BC membership, in case it happens next time.

Left hook is deffo driver's fault. Don't get too worried about the bugger not admitting fault, it happens all the time, what ever vehicles are involved, but you do need legal representation.

You may have legal cover with your household insurance - worth checking and phoning the provider.

+1 for the Small Claims Court. You can file a claim fairly cheaply on-line. You are expected to represent yourself in Court, not have a solicitor do it for you, and each side pays their own legal costs. I've done it twice now. Won one and the insurance company settled in full just before the hearing on the other. The satisfaction I had in the latter case is it must have cost the insurance company at least ten times my claim in legal fees, especially as their solicitors threatened and lied to me like mad in the run up to capitulating.

You file the claim though against the driver, not the insurance company.

 

[gb155]

The driver who hit me, was charged at the scene, it took 6 months for his insurance company to stop denying liability and play ball and that was with a CTC solicitor on my case !!!!!

 

[fossyant]

Red Light that's one way - could certainly be stressful though. With a left hook, it's the driver's fault completely.

I've got BC's solicitors sorting mine out - It's gonna cost many times more than my PI even though the third party admitted fault. The damage I caused the car was more than the damage to my bike, shame my shoulder is goosed.

 

[SportMonkey]

Are you London based at all? LCC membership gives legal cover, 3rd party insurance etc.

Did the police officer witness the event? If so has he written a statement? If not, on what basis was the opinion of mutual fault offered?

No, they were called by the witness (from what I could tell a friend of the driver) and he turned up 5 mins after the accident. The "no one's really at fault" was offered after he had taken statements.

I'm Manchester, not London unfortunately. (Location of incident updated above)

 

[fossyant]

If the witness turned up after the event, then it's not a witness. Simples.

Just some thoughts.

I've had to do something 'similar' when my younger sister clipped a wing mirror with another car coming the other way - simple error. Passenger of other car got aggressive (not the driver), so she phoned me in a panic. I jumped in car and drove round fast... a new 2.5 V6 Vectra SRI turning up quick.. (advantage of a new company car at the time) the fella was a bit sheepish after that. I went round with the cash to the driver (not the fella) to sort it. Had my sister and the 'third party lady been able to sort it - no issues.

It's a text book left hook, so the OP has to stick with it.

It will get messy with the legal folk. My wife was rear ended in her car by a Disco, shunted her little Yaris forward, but not too much damage, easily polished out. Wife had medical treatment for whiplash / few months bother. Third party said he never hit our car. Funny though, we have a bit of paper in his hand writing with his insurance and address details on.... why would he give us that ?

So be prepared for some mess.

 

[Red Light]

Red Light that's one way - could certainly be stressful though. With a left hook, it's the driver's fault completely.

I've got BC's solicitors sorting mine out - It's gonna cost many times more than my PI even though the third party admitted fault. The damage I caused the car was more than the damage to my bike, shame my shoulder is goosed.

If you've got legal cover that's fine BUT AFAIR the CTC's legal partners only take it on if injury is involved which seems not to be the case here. You can appoint solicitors to do it for you but then you risk having to pay all their costs if you lose or they get it assigned to the Small Claims track.

I don't think the Small Claims track is more stressful than the other routes and its designed to be friendly to and encourage doing it yourself. Unless there's a lot of money involved its very likely it will never get to Court because they realise the (non-recoverable) cost of sending a solicitor to your local Court will be massively greater than your claim.

 

[Jezston]

No, they were called by the witness (from what I could tell a friend of the driver) and he turned up 5 mins after the accident. The "no one's really at fault" was offered after he had taken statements.

I'm Manchester, not London unfortunately. (Location of incident updated above)

Wait, what?!?

You got knocked off your bike by a driver who wasn't paying attention, hurt and your bike was damaged, a mate of the drivers turned up five minutes later and called the police, then the police accepted their version of events and it was left at that?

Something doesn't add up here.

Why didn't you call the police? Why did the driver not call the police? Why did the driver call their mate up who then called the police?

Why did the police accept the witness statement of someone who wasn't a witness? Did you not tell the police they weren't there?

You need to contact the police to get an incident number, say the witness was not present at the incident and lied to the police, tell them you want the driver charged. If the whole incident is dodgy-fied then the lawyers aren't going to be able to help you.

 

[Rebel Ian]

If you aren't or don't want to be a CTC member you can try these people.... http://www.cycle-claims.co.uk/index.php

I used them to recover the cost of repairs to my bike and they were superb. Didn't cost me a penny and they managed everything on my behalf.

 

[sheddy]

I would guess that Russell Jones Walker (CTC solicitor) might take up your case anyway - no harm in asking

 

[evilclive]

The driver's insurance weasels might try to see you off with a counterclaim for damage to the car. Without 3rd party insurance cover that could be a test of nerve.

A friend was all ready to write his crash off as not worth pursuing - torn ear, bike bent (no, I'd have not written that off). Till the car driver came round demanding money for the damage to his car, at which point he called the CTC, end result driver's insurance paid out several grand.

 

[Jezston]

Again, no lawyer is going to take this on if according to police and witnesses, nothing actually happened.

EDIT yes they are.