Request for advice following collision

[steveindenmark]

The driver has engaged with me and apologised again.
This is very welcome news.
I think she is even younger than I first thought, so hopefully this is a lesson learned.

I'm taking the bike to the local Evans Cycles as every authorized Trek dealer in a 50 mile radius is booked solid for over a week. Fingers crossed they can get an OEM mudguard.

If the frame is undamaged, I might just swallow the cost or pass on a proportion of it.

Thats what I would do. People make mistakes and she is not trying to avoid you. This could be a good lesson for her
and easier to take if not being beaten with a big stick.

 

[Brandane]

As the driver of a motor vehicle causing a damage she should have reported it to the police within 24 hours - Get the URN from her ASAP if you haven't already.

You sure about that Sgt. Drago?

RTA 1988 section 170 only requires that the driver of a vehicle reports an RTA if injury is caused to any person other than the driver of the vehicle. This was a non injury accident from what we have been told. Damage was caused to the OP's bike but they stopped and exchanged names and addresses which fulfills their legal requirements.

RTA 1988 section 170:

(1)This section applies in a case where, owing to the presence of a [F1mechanically propelled vehicle] on a road [F2or other public place], an accident occurs by which—

(a)personal injury is caused to a person other than the driver of that [F1mechanically propelled vehicle], or

(b)damage is caused—

(i)to a vehicle other than that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

(ii)to an animal other than an animal in or on that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

(iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road [F3or place] in question is situated or land adjacent to such land.

(2)The driver of the [F1mechanically propelled vehicle] must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3)If for any reason the driver of the [F1mechanically propelled vehicle] does not give his name and address under subsection (2) above, he must report the accident.

(4)A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5)If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of [F4a motor vehicle] does not at the time of the accident produce such a certificate of insurance F5... or other evidence, as is mentioned in section 165(2)(a) of this Act—

(a)to a constable, or

(b)to some person who, having reasonable grounds for so doing, has required him to produce it,

the driver must report the accident and produce such a certificate or other evidence.

This subsection does not apply to the driver of an invalid carriage.

(6)To comply with a duty under this section to report an accident or to produce such a certificate of insurance F6... or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

(a)must do so at a police station or to a constable, and

(b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

(7)A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within [F7seven] days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8)In this section “animal” means horse, cattle, ass, mule, sheep, pig, goat or dog.

 

[Drago]

Yes, good point. MPV is the key bit.

And I was just a PC in RPU

 

[Fastpedaller]

Yes, good point. MPV is the key bit.

And I was just a PC in RPU

Doesn't this part apply though?
To comply with a duty under this section to report an accident or to produce such a certificate of insurance F6... or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

 

[Brandane]

Doesn't this part apply though?
To comply with a duty under this section to report an accident or to produce such a certificate of insurance F6... or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

No, because there is no "duty under this section to report an accident or to produce such a certificate of insurance" because it was a non injury RTA (so section 170 (1) (a)) does not apply (the requirement to report an RTA if it involves injury to any person other than the car driver).

 

[Fastpedaller]

In my post yesterday I related where a car driver reported me to the Police and I was called in and asked why I hadn't reported it myself - Albeit this was nearly 50 years ago (I was 18), but it would appear I had no obligation to report (I was on a pedal bike).
To add more detail, the driver pulled across my path and was stationary and blocking the road, leaving me the alternative of colliding with the rear nearside wing of his car or the front of an approaching bus! He then drove off, I dumped the bike, ran after him (the slow traffic had only moved a few feet), and opened his car door. He said "I thought something was rattling in the boot". I sat in the passenger seat while we exchanged details.
The next day, he stated that it wasn't his fault and that I was 'going too fast. ' The day after I got a call from the police. I attended the station and was asked why I hadn't reported the accident. I was then told it was serious as I'd caused a lot of damage to the rear of his car. I stated that was incorrect, and he'd cut across me and I was on a pedal bike, so how could I possibly have caused a lot of damage. I then noticed a registration number on the form the officer had. I asked if that was the driver's vehicle. I then told him the correct number of the car. The officer's attitude changed completely, he asked for a description of the car, "A Ford Anglia with orange and white furry interior trim", so easy to identify. I guess he was trying some sort of insurance fraud. I heard no more, except he quickly settled the bill for the bike. I don't trust any other road users, and would always involve the Police if possible.

 

[Smokin Joe]

In my experience as an ADI who suffered a few rear end shunts from other drivers, which are the most common cause of driving school prangs ("I thought you were going to move off") it's always best to go by the book and report to insurers and police if necessary. Going on trust with the other party mostly ends in grief no matter how tearful and well intentioned they seem at the time. In the cold light of day they will look for ways to shift the blame, egged on by friends and family members conspiring to get them off the hook.

 

[tyred]

In my experience as an ADI who suffered a few rear end shunts from other drivers, which are the most common cause of driving school prangs ("I thought you were going to move off") it's always best to go by the book and report to insurers and police if necessary. Going on trust with the other party mostly ends in grief no matter how tearful and well intentioned they seem at the time. In the cold light of day they will look for ways to shift the blame, egged on by friends and family members conspiring to get them off the hook.

I would agree. I got rear-ended in my car many years ago when stopping at a zebra crossing. I tried to be reasonable and allow him to pay for the damage. I got it eventually, but it took ages and was a lot of hassle. He later tried to blame me saying I had no reason to stop as the pedestrian was only starting to cross and I should have drove around him. I vowed that if anyone ever drove into me again, I'd do everything by the book.

When someone T-boned me at a junction and knocked me of my bike, he tried to fob me off and saying he would drive me home and offered cash to fix my bike. He insisted my ankle would be fine if if put ice on it. I insisted on reporting it, and as it turned out, my ankle was shattered and I still have an ongoing court case about it nearly four years later.

 

[PedallingNowhereSlowly]

I was initially minded to go down the road of reporting the collision etc.. but having got some sleep and quietly reflected, I figure a couple hundred quid isn't worth making a young driver resent cyclists for the rest of her driving career. I've already said that if the damages are less than £200, I'll cover them and if they are more, I will ask for a contribution*. I caveated that with it not being any admission of blame or liability, on account I was not at all at fault. And finished the message with a terse warning: 'Anticipate stopping. Never anticipate setting off. Always be sure the road ahead is clear and that moving would not draw you into conflict'.

Despite the caveat and the warning, I did get a an appreciative text back to the effect it was a very nice gesture.

The sceptic in me thinks that she will make the same mistake, again, irrespective of any fall out. My ex-wife didn't learn either, doing it thrice that I was aware of. But then, my ex-wife thought she knew everything already.

I don't have the headspace at the moment for solicitors. I just want to get out and ride my bike in what little spare time I have.


*In reality, I'm fortunate enough that I have enough money to just go out and buy a direct replacement if the frame is damaged. I know that's possibly not the best course of action, but for an easy life, should the worst come to the worst, it's what I'll probably end up doing. Of course I'll let the driver know and she can do with that what she sees fit.

 

[HLaB]

In my experience as an ADI who suffered a few rear end shunts from other drivers, which are the most common cause of driving school prangs ("I thought you were going to move off") it's always best to go by the book and report to insurers and police if necessary. Going on trust with the other party mostly ends in grief no matter how tearful and well intentioned they seem at the time. In the cold light of day they will look for ways to shift the blame, egged on by friends and family members conspiring to get them off the hook.

I was rear ended at a rbt in 2013. The driver actually stopped behind me at first but when she saw a circulating car she thought it was indicating to leave and accelerated into back of me assuming I was going 'to move off'. It was a big old fashioned sports car with big wheels on the outside of its body and you could clearly see it wasn't leaving. Her first words "I saw you" Hey ho, I felt sorry for her and it was my cheap Viking fixie so I went to the bike shop who quoted me circa £195 for a new frame rather than going through insurance costs for her. She came back few days later however saying it was 'awfy expensive' and was opting to go down the insurance route. I'm sure it would have costed he more in the end.

 

[presta]

When I had a prang I reported it to the police, but they weren't interested as nobody was hurt, then I priced up the damage and put a letter through the driver's door. There was no response after several weeks, so I went round and found an empty house: the neighbour said they'd moved out of the area.

I went to the police but they still weren't much interested, and only reluctantly agreed that they might look up his insurer on the computer. Several more weeks passed with no response, so I called to enquire, and got the insurers details, but not without him sniping at me about having better things to do.

The insurer (Tesco) paid up without quibble, or demanding I get a quote from a professional repairer. The claim in 2006 was for about £280.

 

[Ming the Merciless]

I figure a couple hundred quid isn't worth making a young driver resent cyclists for the rest of her driving career

They are not going to resent cyclists. They drove into you, they will accept responsibility. Actions have consequences. You should not end up out of pocket one little bit.

 

[PedallingNowhereSlowly]

Small update on this.

The bike shop (Evans Cycles) have inspected the bike. They think the frame is okay. They have found the bracket that joins the two halfs of the drive side chain stay, to make belt replacement possible, is damaged. In their opinion, that bracket has saved the frame.

If it were a steel bike, I'd be less sceptical of the frame being okay. But as it's aluminum, for the rear triangle to deform and damage that bracket, I'm a bit sceptical that it has sprung back into shape without permanent damage?

By eye, everything did look fine to me - no signs of any cracks/creases or alignment issues.
Is it plausible the this bracket took the brunt of the force without the rear triangle sustaining damage?

Evans also think that Trek may warranty the repair as a good will gesture. I'm not sure why they would do that (it's not their fault!) but in anycase, I'm reminded that the frame does have a lifetime warranty so at least potential future problems are less of a concern.

 

[Brandane]

I went to the police but they still weren't much interested, and only reluctantly agreed that they might look up his insurer on the computer. Several more weeks passed with no response, so I called to enquire, and got the insurers details, but not without him sniping at me about having better things to do.

Data protection regulations might well have something to do with that. The Police were very jittery about handing out ANY information held on computer when I was serving, and that was 20+ years ago. I suspect it will be even more so these days.

 

[Vantage]

If it were a steel bike, I'd be less sceptical of the frame being okay. But as it's aluminum, for the rear triangle to deform and damage that bracket, I'm a bit sceptical that it has sprung back into shape without permanent damage?

By eye, everything did look fine to me - no signs of any cracks/creases or alignment issues.
Is it plausible the this bracket took the brunt of the force without the rear triangle sustaining damage?

Alloy/aluminium doesn't bend without weakening and definitely doesn't spring. There will be damage that is invisible. How much I couldn't say.
The bracket may very well have taken the brunt of it and it might be ok.

If she pays for the damage, I think your message to her about anticipating other users road behaviour may be enough for her to change her ways.
My ex went on a speed awareness course. She said the other drivers there and the instructor all thought it a waste of time and no one took it seriously.
Better to learn from the victim than an idiot who wasn't there.