Got knocked off my bike today by a car from behind and broke my wrist. Car driver claims he didn't see me signal - three witnesses said they did see me. I'd pulled out to pass a taxi parked in the cycle lane.
Bike's squished and the police tell me they're going to prosecute both the driver and the taxi driver. (no sympathy for the taxi driver; he didn't even get out of his car and threatened a witness when they wrote his number down.)
What will happen next? I know I'll have to go down to the station and give a statement, but will the guy's insurance get me a new bike? Will I have to appear in court or anything?
I have absolutely no idea what to do next, apart from have a moan about people who park in cycle lanes. I think I'll just use the pavement when I'm better again. Also very difficult typing with left hand...
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Sorry to hear about your accident Jesse.
As you have actually been injured I suspect that they will at least prosecute the car driver.
A number of years ago a similar thing happened to one of my lodgers from Leicster Poly. She was knocked off her bike by a bus and she had to give evidence in a successful prosecution.
PU would be best here but my initial thought would be to seek legal advice. I suspect you would be looking at claims for your bike, out of pocket expenses and above all, a broken wrist. Make sure you get good legal advice, this little lot will be significant (based on my own experiences).
You may need to attend a magistrates court as a police witness if they do prosecute and if he pleads not guilty. Furthermore, you may have to appear in court again, depending on how reasonable his insurers are wrt your claims.
Jesse, I understand you're a student. Your Student Union should be able to point you in the right direction for legal advice and representation.
I wish you all the best
Hugo
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It should be reasonably straightforward. You are entitled by law to the Insurance details of both drivers. If the Police decide to prosecute, you will be a witness and may be required to attend Court to give evidence. Even then you may not have to attend if your Statement is contested or not or they plead Not Guilty.
Bet they wished they had taken out legal cover !! (see other thread)
Hope you'll be ok.
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Oh I forgot -As Hugo says it may be worth seeking legal advice, the above isn't of course.
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I know it's not very British but I'd speak to a firm of solicitors who specialize in bike accidents. See the back of MCN or check out some motorcycle websites. Act quickly and get detailed, signed witness statements asap before they lose interest and keep tabs on the prosecution as it's in your interest. Make sure that you itemize every related expenditure, bike repair, medical, bike recovery, alternative transport costs, clothing and helmet replacement.
The first time I got knocked off, £3k damage and a broken wrist but the guy was all apologetic and admitted fault. I had a witness but thought I wouldn't need him. Two months later his insurance turned around, denied any liablity and told me to take a hike. Luckily, and unusually given the time lag, my witness was an off-duty cop, had made a detailed note of the accident and was happy to provide a statement which nailed the guy. Didn't get the bike back for 6 months and I still had to fight tooth and nail for every penny. If your case is airtight, do yourself a favour and get a clued up solicitor who will screw them for full reparation on the agreement that the other side will pay costs.
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I thought we were talking oedal bike rather than motor bike...
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I thought we were talking oedal bike rather than motor bike...
What's an oedal bike, or should that read yoedal bike. Maybe the driver should have heard it as well :)
Sorry
H
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Actually yeah, you're right it does seem to be a pedal job. Doh. I'd still get the statements and the legal advice while the incidents fresh.
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Worth a look at the website of the Cyclists Touring Club www.ctc.org.uk if only for the link to their solicitors Russell Jones and Walker (mods please delete if mention not allowed) - assuming you're not already a member.
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Sorry to hear about your accident and injury, Jesse.
I hate to be a party-pooper, but was the driver definitely to blame? Indicating signals your intent - it does not give you the right to go. If the driver was already overtaking you, and you changed your course (indicating or not), the driver might not actually be in the wrong.
That's not to say he couldn't have anticipated that you would want to overtake the parked taxi, but (and someone may be able to correct me here) I don't think that's actually his responsibility.
By the way, isn't it annoying how people are apologetic at the time, and then deny it later? A van reversed into a friend's brand new RX-8 (I was in the car at the time, we had been stationary with the handbrake on for about 30 seconds) and we didn't get witnesses (although there were dozens) because the guy immediately admitted full liability. Two days later he says my friend drove into the back of him - a complete lie.
Get well soon!
-Mark
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See my legal expenses insurance thread - If the other guy involved has them you may have a fight for your money even if it seems an open and shut case anything can happen.
Jesse - This is a case for getting a clued up solicitor involved as suggested by others above. I had a very similar situation with an accident on my motorblke and despite having three witnesses and a police prosecution pending , I needed help when the offending car driver died ( No I didn't kill him! ) of a heart attack a couple of weeks after the accident but before prosecution got very far under way.
The solicitor was able to obtain copies of witness statements given to police etc and smoothed out the whole painful business and of course claimed his costs from the other guys insurance.
Anyway , I hope you get well soon.
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Had a similar accident on our street last night - car pulling out of a junction knocked off a guy on a moped. The guy over the road is partly to blame as he insists on parking his LWB Hi-Cube Transit 2 metres from the junction. As a result traffic has to nose out before turning right, but of course when was the last time a vehicle was ticketed for parking too close ot a junction? Fortunately moped driver looked OK - no police attended the accident.
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Good point. Pretty fed up with this kind of rubbish anti-social behaviour. Parking in such a way you restrict the visibility of others ought to render you legally responsible should an accident occur. Maybe solely legally responsible in the case Davey describes. I'll bet you're not, though...
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Update: back (again), hospital decided it needed a metal plate so was called in again.
Jesse, In view of PU's reccomenations below I have removed your account plus opinions from this post. I felt it was only fair to safeguard your case as much as poss.
Hugo - BR Moderator
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Jesse,
I would keep any negative remarks about the driver out of the public domain, just in case he happens upon them. Could be harmful.
Hope you are better.
PU
typo corrected, although I think the advice makes sense either way..M.
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Thanks, guys. I'll try to keep comments as neutral as possible.
Will update you further next week - driver has yet to show their documents to the police, though the 7 day grace runs out tomorrow.
Slightly concerned about this, but I believe my parents paid for personal injury insurance for the time I'm at uni, so will hopefully get enough to get my bike replaced. Will be giving a formal statement on Thursday, but the police are apparently happy that I signalled and moved out in a safe (ahem) manner, so that's a weight off my mind.
I felt certain at the time that I'd checked around me, but my memory of the event is now fairly hazy. (not surprising, reaaly, apparently I had a blood pressure of 40/20 in the ambulance...)
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