Off'ed...... by a boat !

[PpPete]

Just had a phone conversation with the gentleman...very civil on both sides. Didn't give him any details over the phone. Simply told him that I wanted him to be in full possession of the facts before he made a decision on whether he wanted to handle the matter privately or to go through his insurers. Then e-mailed that letter to him - without the last paragraph. And emphasised in a covering note that I am leaving the choice of going through insurance or making an offer privately rests entirely with him.

I havn't yet decided what minimum level of private settlement I might accept !

 

[Angelfishsolo]

Good for you. That sounds like a much better option Best of luck and continue to heal quickly.

Just had a phone conversation with the gentleman...very civil on both sides. Didn't give him any details over the phone. Simply told him that I wanted him to be in full possession of the facts before he made a decision on whether he wanted to handle the matter privately or to go through his insurers. Then e-mailed that letter to him - without the last paragraph. And emphasised in a covering note that I am leaving the choice of going through insurance or making an offer privately rests entirely with him.

I havn't yet decided what minimum level of private settlement I might accept !

 

[PpPete]

Hows the Klic Fix seat post bag ? Hope you didn't break it ha ha ha

Not yet fitted !

 

[cyberknight]

Pete, it's your judgement call and you've at least met the guy, my cynical side says you're wasting your time and potentially giving yourself hassle you don't need. But you've got to live with yourself, not us, so if you wouldn't be happy without at least making an offer then go for it. The letter is good and hits the right note, though the final admonishment is unlikely to be well received no matter how well intentioned.

+1 i think the last bit is likely to rock the boat rather than help to calm the waters ( pun intended).
Trying to educate someone is liable just to make them dig their heels in , just stick with the facts .

As for dealing with the matter privately i hope it works out but you have no legal standing if you do so if he backs out, i would rather go the legit route if they have admitted liability and you have witnesses.

I hope you heal well and get yourself sorted .

 

[perplexed]

Pete - my strong advice to you is to keep any claim open-ended until you are completely satisfied that you are not going to suffer any lasting effects, and that you have the bike (particularly the frame) given a once-over by a bike shop.

Twenty four years ago I got knocked off and settled. I'm still in pain.

p.s. I think the HC says 1.5 metres

+1

But most importantly, hope you're well soon!

 

[PpPete]

Update .... when I spoke to him on the phone at lunch time he indicated that he'd look at my e-mail when he got home this evening, and give me a call. He hasn't responded by e-mail nor has he called, and I assume he won't call this evening now. Either he's shitting himself about what I've said in the e-mail (I would be, in his shoes) or perhaps more likely he's decided to do the intelligent thing and pass my communication on to his insurers... so my well intentioned strategy may have backfired, because the next thing that happens is surely that the insurers will call me directly to make a ludicrously low-ball offer.

Anyone suggest a more likely train of events? Please don't all say I told you so.... All I can say is that he admitted liability at the time, apologised profusely and offered to pay for any damages....I really felt I had to give him that chance.

Be assured that I will refuse to communicate directly with his insurers - if they call me the the mere fact that they do so means that the driver has made his choice between the two options. I'll simply tell them that I'm not prepared to listen any offer from them because the matter is now irretrievably in the hands of my legal advisers.

I've no doubt they may try to name a figure anyway in the hope of tempting me .... if you all want to start a sweepstake on what such a figure might be, be my guest !

more updates to follow when further news

 

[MacB]

Ah, you just had to try and do the right thing eh!!! hopefully he's just digesting and will call and sort it all smoothly, but I'd guess he's had the 'bikes cost how much' shock to his system. Maybe I've been watching too much Dr Who but I'm now envisaging you in the:-

a good man goes to war

role

 

[davehann]

for the sake of the rest of the cyclists on the road at risk from arrogant boat pullers like that you must persue this guy through the courts!

 

[PpPete]

Ah, you just had to try and do the right thing eh!!! hopefully he's just digesting and will call and sort it all smoothly, but I'd guess he's had the 'bikes cost how much' shock to his system. Maybe I've been watching too much Dr Who but I'm now envisaging you in the:-

a good man goes to war

role

At least typing ROFL doesn't make my ribs hurt.... you bar steward you. Be careful mate, my solicitors might decide you have aggravated my injuries and come after you !

 

[PpPete]

Or maybe a defamation of character case.....

 

[Crackle]

Well, you've done the noble thing Pete but it looks like you might have to turn this over to the legal bodds. Unfortunately not everyone has your morals and this guy probably had a Jolly Roger furled in his locker.

You'll never make defamation stick against MacB, he can produce a couple of hundred forum witnesses who'll testify they never take him seriously.

 

[APK]

I suspect he may now just be keeping his head down, hoping you go away, I doubt if his insurers will contact you, it is now up to you to do the chasing, be careful timewise, you need to notify his insurers asap, and I would also contact the police if you have not already done so. Do not let this drift on and get forgotten, if you are now going through solictors, instruct them now to get acting.

 

[Bollo]

You'll never make defamation stick against MacB, he can produce a couple of hundred forum witnesses who'll testify they never take him seriously.

I'll not hear a word against 'Bludge. Only a few days ago he was happy to give me a lift in his Jag to the Marina..........waitaminute!!!!!!!!

 

[PpPete]

Update.

Well I got all the forms from RJ&W (CTC's solicitor), got my statement all ready for the Police (using Vike's template) .... and then the Jag driver offered me a few hundred pounds, to pay for bike damage, in a private settlement. In his email to me he told me he'd been back to the scene, measured the width of the road etc, tried to justify his actions by reference to oncoming traffic which prevented him pulling out further in overtaking me .

I responded politely by suggesting it would be better to leave things in the hands of the professionals (having of course previously explained to him that I would be represented by solicitors experienced in cycle claims) and would he mind giving me details of his insurance (just to speed things along).

When we spoke on the phone the next day (all very civilized) he increased his offer quite dramatically to a figure that was about half what my researches suggested I might have expected to get from his insurers.

I emphasise the "might".... it would all depend on assessments of bike damage, my injuries and then negotiation (or litigation) between solicitor and insurer, all a long drawn out process that frankly I could do without.

The amount he offered was also only just shy of the price of the new bike I've been lusting after, and I elected to trade that ability to get that ASAP rather than wait for the possibility of a higher payout in a few months time.

So - the cheque has arrived and passed immediately on to the bike shop, the road rash and the ribs seem to be healing well, and I'm hopeful of being back in the saddle by the time the new bike arrives.

Just want to say a big thank you to all who posted messages of support and advice. Even though in the end we settled privately, counter to most peoples advice, I was able to use a lot of the specific advice to very good effect in my discussions with the driver.

 

[MacB]

The amount he offered was also only just shy of the price of the new bike I've been lusting after, and I elected to trade that ability to get that ASAP rather than wait for the possibility of a higher payout in a few months time.

ah, the lure of 'shiny shiny'