Refusing to pay...

[garrilla]

When I got hit - 35mph from behind - I just called 999 to report an RTA. IIRC the operator took my details and the details of the car. The police then came and took statements from me and the driver. Later the driver tried to change her version of events claiming I had come from the kerb in front of her. Fortunately the police statements didn't tally. Nor did the pictures of the bike.

Nyway, the moral of my story is don't fake an injury, report the RTA.

 

[Greenbank]

Nyway, the moral of my story is don't fake an injury, report the RTA.

I've always been told that, if you're unsure, then ring 999 and explain everything to the emergency services operator. They can then make the appropriate choice (something that they're trained to do, and you may not be able to do when filled with adrenaline). If they think it's right to send a Police car, and/or ambulance, then they can. They'll also know whether to divert them if a higher priority call comes in.

Giving them the car registration and description (of car and driver) would be a good idea, especially since the call will be recorded.

Leaving the scene of an accident is, in my opinion, an offence worthy of a 999 call, especially as it could be considered hit and run.

 

[ufkacbln]

THe most telling and important point here is the words "It didn't hurt at the time"

When you have an accident there is a responsethat dulls pain, gets the body ready to fight or run away and generally stops you thinking logically.

You may not need an ambulance, but always assume youi are hurt and make a point of it as there is then a legal neccessity for the driver to remaain until the POlice arrive.

My other point is a little pessimistic, but important.

Get yourself a small checklist with the main points from the LCC's excellent website

Then it is easier to carry out the right actions and make sure you have the details you need.

 

[Blonde]

What happens next if someone refuses to pay after hitting you and it was their fault? I had an accident on my bike and this indian woman hits me from the side at 40MPH on a dual carriageway..

I had two helpful witnesses both saying "of course she will have to pay for the cover of the bike" well duh. She just stood there saying how sorry she was and the next day called up saying "Is there anything I can do to make it up to you?"

She AGREED paying the cover of the bike the next day, including the cost of my cloths etc but after two weeks of consideration, she had the cheek to say she won't pay a penny... so she rejected to pay for the cover of the damage she has done. Perhaps she was thinking of reparing her side mirror first..

Now, you haven't cycled for over two weeks costing two weeks of training. You know your going to get a new bike very soon as she said she will send a cheque, then to say no.Now I get the police/solicitor involved? How long is this going to take! Anyone feel my frustration?

I know I will EVENTUALLY get what I deserve as I got two witnesses. They even said to contact them if anything goes wrong. End of the day I got nothing till that day comes.. and it could even take several months.

There is afirm called www.cycleaid.co.uk who may help. You really cannot negotiate by yourself. get a professional team on the case.

 

[mark i]

If there are 2 witnesses then this should be quite simple in the county court claims fast track (aka small claims court). Perhaps the threat of going to court would be enough to get the other party to cave in? If not then it is a case of using the two witness statements to demonstate the events. Obviously it is easier with a professional to guide one through the claim!

 

[karimali831]

I was advised by witnesses and my family to visit the hospital to have a quick check-up and did so as they said the pain might kick in later on the day. The hospital was only approx 200 meters away and they told me in a rude manner:

"If you feel no pain, what you doing here?"

I had two other accidents that caused less of a detrimental affect on the bike, how ever not on me. Once, got a hit by a motocycle that was driving on the bus lane. Bike was ok, motobike was not and I felt pain on my upper shoulders. Got hit from behind.

This time, the car hit the left side handle drop-bars of the bike and landed flat on the surface causing the wheel to almost split in two, rear mech/derailleur completely unusable and damaged, bent onto the forks. Few broken forks also, and only part of my cloths ripped, not even a scratch on me even though she drove over 40MPH.

Injured or not, no difference, still no bike yet...

 

[col]

In an accident where your knocked off, always call the police, they might have been to blame and agree to take the blame, but as soon as a friend says to them you might get away with it, they change their tune. Then all of a sudden its your fault.

 

[Crankarm]

Sorry to read of your bad luck. First things first, have you got the name of her insurer and her policy number as she should have insurance unless she is uninsured!? If the latter then contact the police. If she has provided details of insurance you will be dealing with an insurance company which might be better as when they see you have 2 witnesses in your favour they will just admit liability even though she has already done so to you at the scene and pay up. It should be fairly straight foward. If however she is not insured it is a little harder. If you are not seeking any recompense for personal injury as you were not injured then you should just issue a claim at your local county court against the other party for the money you have spent to repair your bike. On the form you can record the witness details who will then be contacted by the court. I find it hard to believe that you were hit at 40 mph and you are not seriously injured ? Anyway providing you have the driver's details do this. As a first move you could send the woman a letter of claim stating the facts of the accident briefly, that you believe she was at fault and why. State therefore that she was negligent in her driving toward you which caused damage to your bike the repair cost which you are now claiming from her. Remind her that she had admitted liability at the scene and of your witnesses. Do not give her their details. You should ask her for details of her insurer if you don't already have them or for her to forward your letter of claim to them. State that if you do not receive either re-imbursement in full with 14/21/28 days or confirmation that she has passed the matter to her insurers and at the same time providing you with her insurer's name and her policy number then you will begin procedings against her to recover your losses to which she may incur further costs and also under the Road Traffic Act you will inform the police that you beleive that at the time of the collision she was driving without insurance. Send the letter by recorded post.

If you are claiming compensation for any injury as a result of the collision I would contact a cycling friendly solicitor. It will be difficult to pursue this side of your compensation without one whether you are dealing with an insurer or her directly .

 

[Paul_L]

THe most telling and important point here is the words "It didn't hurt at the time"

When you have an accident there is a responsethat dulls pain, gets the body ready to fight or run away and generally stops you thinking logically.

You may not need an ambulance, but always assume youi are hurt and make a point of it as there is then a legal neccessity for the driver to remaain until the POlice arrive.

My other point is a little pessimistic, but important.

Get yourself a small checklist with the main points from the LCC's excellent website

Then it is easier to carry out the right actions and make sure you have the details you need.

Damn right. Many years ago when i lived in London a pedestrian walked out in front of me giving me no time to respond. I ploughed into her at some speed and me, her and my bike went flying. Full of adrenaline i lept up and was F-ing and Blinding at the stupid cow, only to realise she'd broken her leg. Ambulance came for her and carted her away. Police also came and whilst they could not speak to the woman, me and several witnesses said it was her fault and that i had no chance of avoiding her. I then cycled onto work about 3 miles away, and as soon as i got there collapsed in a heap and had to be driven home.

I then got a call from the woman's son saying it was my fault and they were going to sue!!!!

Fortunately i passed the details onto the police and they said they'd deal with it, and i never heard anything again! Presumably the police told the son there were plenty of witnesses saying that it was the woman's fault.

Anyway, a bit of a ramble. Sympathies to the OP. Hope you get it sorted.

BUT it's served as a reminder to always get the police involved and that i need to rejoin CTC!

 

[TurkTamer]

Depends on if she is a Native American Indian and if it happened on a rezervation. You might try to approach tribal council at that time. If you do have a witness, I may recommend filing charges with the local police, prefferably starting with the state police. The entire process can take a very long time. You might have lost valuable training time, but you are well enough to still ride with both legs and write about it. It's a good day.
Try to pay for your own repairs and if you make progress and get some kind of reimbursement out if it you can consider yourself ahead of the game. Glad to know you are living...

 

[Paul_L]

Depends on if she is a Native American Indian and if it happened on a rezervation. You might try to approach tribal council at that time. If you do have a witness, I may recommend filing charges with the local police, prefferably starting with the state police. The entire process can take a very long time. You might have lost valuable training time, but you are well enough to still ride with both legs and write about it. It's a good day.
Try to pay for your own repairs and if you make progress and get some kind of reimbursement out if it you can consider yourself ahead of the game. Glad to know you are living...

I think the .co.uk bit at the top means we're not talking Native American Indian / Reservations / State Police here !!!

 

[Fnaar]

Depends on if she is a Native American Indian and if it happened on a rezervation. You might try to approach tribal council at that time. If you do have a witness, I may recommend filing charges with the local police, prefferably starting with the state police. The entire process can take a very long time. You might have lost valuable training time, but you are well enough to still ride with both legs and write about it. It's a good day.
Try to pay for your own repairs and if you make progress and get some kind of reimbursement out if it you can consider yourself ahead of the game. Glad to know you are living...

How

 

[Randochap]

Depends on if she is a Native American Indian and if it happened on a rezervation. You might try to approach tribal council at that time.

WTF?

 

[andym]

depends how much damage - if there was not £1k legal teams will not generally take on (bike and medical), and to go to court for less than that wont be worth it. a horrible situation as its not your fault but one of those things

In my experience, even the sniff of the possibility of a claim will be enough to put the driver's no-claims bonus on the line - a pretty powerful negotiating lever. Get legal advice, and if need be threaten her with the small claims court.

 

[Isla Valassi]

What happens next if someone refuses to pay after hitting you and it was their fault? I had an accident on my bike and this indian woman hits me from the side at 40MPH on a dual carriageway..

Does the ethnicity of the person have any bearing on this incident? If not, why mention it?