Taken out by WVM, and not to dinner

[BentMikey]

I'm with those voting for the easy settlement, just remember once you accept it that's game over for any future claim. You need to be sure there's no further bike and/or meatware damage.

I would also want the police and his insurance company to know about it, so I'd get his insurance details and write some sort of letter to them. That way the accident will be recorded by them and will affect future insurance premiums.

 

[wafflycat]

If you aren't in the CTC or British Cycling - phone and join if they'll take your case on. Part of the benefits of membership is free legal advice & assistance.

I know of at least one case the CTC took on after the incident took place. The thing is, in either organisation, the legal bods that get appointed act on your behalf, taking all the hassle away.

In the case of my husband, when he got hit, he ended up with a settlement of several thousand squid he wouldn't have otherwise had. No hassle to husband, no going to court.

Really - membership of a cycling organisation is worth its weight in gold at times like this. You don't have to be a racing cyclist to be a member of British Cycling and you don't have to be a cycling tourist to be in the CTC.

I never cycle without being a member of such an organisation (currently in British Cycling) - peace of mind for £35 a year.

 

[wafflycat]

"Decided to use the cycle lane and filter past them on the LHS, no side roads leading onto this stretch, so no worried about turning vehicles etc.

Just as I'm starting to filter past a WVM decides he desperately needs to mount the pavement in front of me. No indication. Turns across the cycle lane leaving me about 3m or so to take evasive action."

Reminds me why I loathe cycle lanes and rarely, if ever, use them.

 

[gambatte]

Take pictures of the bruising, just in case. Its all evidence.

 

[Archie]

Taking the settlement shouldn't be a problem, provided you understand what your rights are. Do like wafflycat says, join CTC (or other preferred org) and put the matter in the hands of the solicitors. Tell them about the employers offer - they'll advise if it's fair and reasonable.

Archie

 

[andygates]

With no mirror, that van's maneouvre sounds like Without Due Care And Attention to me. Pulling into a lane of any sort without a mirror check is stupid and dangerous and that driver will be helped by being spanked hard.

As for damages, in a similar position I once took cash. Resolution and closure was all very quick and I was quite content. I've been in two minds about whether I should have been meaner and claimed on his insurance instead. At the time, though, I needed the money...

 

[gambatte]

I think the 'roadworthy' bit says you have to have 2 effective mirrors. that 'can' include the rearview, but not always

 

[Bollo]

This has been posted elsewhere, but to summarise....

Solicitors will only get involved if the total claim exceeds £1000. Below that, the claim must be dealt with through the small claims court, where you're expected to represent yourself. The CTC's solicitors provide a "small claims pack" for these cases, but you're essentially on your own.

As far as damage to your bike goes, you can only claim for the actual damage or its replacement at the current market value (not new!). Compensation is not punitive, so put away any ideas of "nailing the b*&stard's insurance".

Now to injury. I've been told that the 'measure' of an injury that will merit compensation is one that takes longer than 4-6 weeks to heal. This is where things get very grey, as the impact on your lifestyle, perception of pain etc all get thrown into the mix. Also, you can't claim for anything like "mental trauma". This isn't the US. On the plus side, any sniff of a genuine injury that meets these conditions is likely to get a settlement well above the grand limit, so solicitors will help.

Like everyone's said, join the CTC (or BC).

 

[Bollo]

Oh, and forget the coppers. My handlebar-cam footage of me being spanked by a right-turning Volvo in broad daylight persuaded the bill to.........take no further action. If the van-driver was taxed and insured and wasn't speeding, then its an 'accident'.

I must eat so many lemons......

 

[Muddyfox]

Before you make a decision ... Consider this

You have stated that the vehicle was in an unroadworthy condition ... & That the driver made illegal manouvres before hitting you

Will his insurance company pay out or will you end up in a civil claim against the driver that could drag on for years ?

Think wisely ... I've been here myself whem another motorist hit me Head On

Simon

 

[spindrift]

Oh, and forget the coppers. My handlebar-cam footage of me being spanked by a right-turning Volvo in broad daylight persuaded the bill to.........take no further action.

You are ****ing joking! That footage was horrifying!

The one on You Tube?

 

[BentMikey]

Oh, and forget the coppers. My handlebar-cam footage of me being spanked by a right-turning Volvo in broad daylight persuaded the bill to.........take no further action. If the van-driver was taxed and insured and wasn't speeding, then its an 'accident'.

I must eat so many lemons......

Crikey Bollo!!!! That would have me writing to the paper, complaining to the CPS and IPCC and creating whatever other stink I could!!

 

[spindrift]

That is ****ing bang out of order, for ****'s sake!
Sorry for swearing guys, that freaking well gives carte blanche to a motorist to lunge violently and without indicating and smash into a cyclist.

 

[Rhythm Thief]

Not sure the near side mirror is a legal requirement, might be one of those things where if it was originally fitted then it has to be there, but many cars were never fitted with near side mirrors! Perfectly MOT legal on cars which never had them, dont know the situation if a vehicle previously had them and theyve been removed.

Vehicles must have a driver's side mirror plus one other mirror in order to pass the MOT. It can be the windscreen mounted internal mirror, but this being a van, there probably isn't one there. So yes, there should be a nearside mirror. Vans are practically impossible to drive safely without one anyway, as demonstrated here.

 

[Keith Oates]

I think that if the offer by the company is reasonable and you're not badly hurt then take it. You can be sure his company will not be giving him a bonus for his actions!!!!!!!!!!!!!!!!