Hit by a car and the driver not accepting responsibility

[marinyork]

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]

It seems unlikely to me a car-car would get prosecuted. A car-motorbike maybe if there were injuries. They would get an almighty telling off by the police and might get told it was 100% their fault though.

 

[cyberknight]

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]

It all depends on the police officer you get , some are great and other like the one you meet was not in full possession of the facts and did not spend the time to properly ascertain what happened .This is very sloppy and by what you have told us the driver of the car is at fault , the witness is a friend of the driver and therefore unreliable .You should make a complaint and get in touch with the CTC lawyers as they will soon tell you if you have a case .

 

[fossyant]

Don't forget the Police are budget restricted, so if you aren't seriously hurt, then they let the insurers sort it. RTC's unless it's a major flout of the law, then it's just an 'accident'. You can't blame them, sad sign of the times.

 

[Black Sheep]

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! : (

You are told not to admit liability at the scene of an accident for a few reasons:

Shock, you may not have fully understood what happened and by admitting liability (some people go as far as to not even say sorry) then you have accepted it was your fault, even if there are other reasons for the impact.

but to be honest, if I was following a car in stop start traffic and did bump into the back of it, I'd probably admit to being at fault.

 

[The_East_Stand_View]

Glad you are not badly hurt.

I think the driver has a case to answer.

 

[davefb]

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! : (

page 17

http://www.elephant.co.uk/policyDocs/ELE.pdf

you obviously tell them everything what happened and iirc (grr) who you think was liable ( in a %age i think they allowed).. but at the scene DO NOT ADMIT FAULT!!!

you'll also note on page 17 , you agree that THEY can admit YOUR negligence!

with car to car , this is quite normal, you just goto both insurers to sort out costs/etc, the difference with bikes is that in general only one side will have legal help... which is why those ctc lawyers or whoever are quite useful i suppose..