Hit by a car and the driver not accepting responsibility

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the reluctant cyclist

Über Member
Location
Birmingham
I had no witnesses to my accident (car door opened on me) and they at first completely denied liability.

The Police found "nobody at fault" which I found hard to take because somebody must have been at fault somewhere - even if it was me!).

Three years on and we have got them to admit 85% liability although my Solicitor is pretty convinced that they will come to 100% as soon as she issues proceedings.

Just posted this so you know that even if the Police say it was not their fault does not mean the insurance company will not pay up!

Makes me sick when people don't admit to their mistakes like this. I drove into the back of somebody's car once in my car and I straight away was like "I'm really sorry" and wrote to my insurance company to let them know what had happened.

Why can't people just be honest any more? You will get compensation for your repairs and they will have to pay up eventually - if they told the truth it would all be a lot quicker and easier though wouldn't it?!
 
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SportMonkey

Guest
I read this as "[the police] were called by the witness (from what I could tell a friend of the driver) and [the policeman] turned up 5 mins after the accident"

You got my butchered English ;)

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Cheers all, I'll chase the police tomorrow, then go on from there.

Whilst the cop said at the scene there was no fault I don't see how the driver won't get driving without due care, they'd have been done for it right away if I was a motorbike or car and did the same move.
 

Camgreen

Well-Known Member
You got my butchered English ;)

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Cheers all, I'll chase the police tomorrow, then go on from there.

Whilst the cop said at the scene there was no fault I don't see how the driver won't get driving without due care, they'd have been done for it right away if I was a motorbike or car and did the same move.

Go without saying, you need to press the point a bit harder with the local police station; unless we're missing a few details in your account it seems like a lazy response to what could've been a potentially nasty situation. At the very least the police should've been having a few stern words with the driver, though I'd say the response should be much firmer than that, as should your response too.
thumbsup.png
 

Little yellow Brompton

A dark destroyer of biscuits!
Location
Bridgend
[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?


[/quote]


I my case , I did, but I had to join/Pay for 5 years up front.
 

BSRU

A Human Being
Location
Swindon
I'm not sure that's true. My insurance company (Elephant) never said anything to me like "you should not have admitted liabilty" or anything like that!

... and if it is true - it's just plain stupid! : (

I always thought it was a basic condition of the motor insurance I have taken out over the years, even though I believe if your at fault you should admit it.
 
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SportMonkey

Guest
I always thought it was a basic condition of the motor insurance I have taken out over the years, even though I believe if your at fault you should admit it.

It's recommended not to admit liability at the scene, but admitting liability to your insurer is a bit different.
 
I had no witnesses to my accident (car door opened on me) and they at first completely denied liability.

The Police found "nobody at fault" which I found hard to take because somebody must have been at fault somewhere - even if it was me!).

Three years on and we have got them to admit 85% liability although my Solicitor is pretty convinced that they will come to 100% as soon as she issues proceedings.

Just posted this so you know that even if the Police say it was not their fault does not mean the insurance company will not pay up!

Makes me sick when people don't admit to their mistakes like this. I drove into the back of somebody's car once in my car and I straight away was like "I'm really sorry" and wrote to my insurance company to let them know what had happened.

Why can't people just be honest any more? You will get compensation for your repairs and they will have to pay up eventually - if they told the truth it would all be a lot quicker and easier though wouldn't it?!

How can it be "not their fault" when what they did was illegal? Even if you hadn't have hit it.

s105 The Road Vehicles (Construction and Use) Regulations 1986

"“No person shall open, or cause, or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person”"
 

marinyork

Resting in suspended Animation
Location
Logopolis
How can it be "not their fault" when what they did was illegal? Even if you hadn't have hit it.

s105 The Road Vehicles (Construction and Use) Regulations 1986

"“No person shall open, or cause, or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person”"

It is obviously the case, however there has been more than one case on here with dooring events where it's taken a very long time to get anywhere with it. It's just not taken seriously by the insurance companies at all.
 
It is obviously the case, however there has been more than one case on here with dooring events where it's taken a very long time to get anywhere with it. It's just not taken seriously by the insurance companies at all.

But the police should not be declaring it No Fault. The driver clearly committed an offence and someone was injured as a result. Its not a matter of fault and insurance companies but of law.
 
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SportMonkey

Guest
But the police should not be declaring it No Fault. The driver clearly committed an offence and someone was injured as a result. Its not a matter of fault and insurance companies but of law.

I'm getting the impression that us cyclists are not given a fair hearing by the police as well as being less protected by law. The incident that started this thread I am sure that if it had been car-motorbike or car-car the driver would be prosecuted no questions asked, but as a bike it's your fault for being small.[/cynic]
 

marinyork

Resting in suspended Animation
Location
Logopolis
But the police should not be declaring it No Fault. The driver clearly committed an offence and someone was injured as a result. Its not a matter of fault and insurance companies but of law.

The police shouldn't be, but they are often lazy, biased and idiots when cyclists are involved in accidents - I've seen it myself. You don't have any problem convincing me of this. The problem is people should listen to the words of police officers less often.

It is a matter for insurance companies, because how they behave means a case never happens or goes along at glacial speed or a shorter time scale.
 
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