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hit by a car as well

twhtwh Posts: 29
edited October 2009 in Commuting chat
Hi , I was on my way to work yesterday morning when I got clobbered by a woman in a BMW coming onto the roundabout I was on without looking ! I saw it coming but could do nothing , went up over the bonnet into the windscreen and then off via the roof into the middle of the road ! I'm very lucky , got away with cuts and bruises ,my helmet saved me from serious injury.
Here's the question ? She admitted it was her fault but I relied on the Police to get all her details as I was in too much pain . The Police phoned me later to say they were not taking any action , does this mean I'm screwed for claiming for the damage to the bike and all my cycle clothing ( cut off in the hospital !! ) .
I also found out later that the Police left my bike at the side of the road and a member of the public dropped it off at the Police station , there are some honest people out there !!

Posts

  • biondinobiondino Posts: 5,990
    They're taking no action? Wtf? I'm sure you can make a claim for all the above, but do get the police's version of events first so you can see how it stacks up.
  • DonDaddyDDonDaddyD Posts: 12,689
    edited October 2009
    Hi, sorry to hear about your injuries.

    Police not taking any action could mean that they aren't going to charge her of any crime. However an accident still occured which she has admitted liability for so you can still make a claim for compensation to your damage items.

    I would also make an official complaint about the police conduct, leaving your bike and not taking further action.

    It may not get anywhere on its own but if enough of us make official complaints about police inaction in years to come there will be a report detailing the large number of injured cyclists overlooked.
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  • daniel_bdaniel_b Posts: 10,720
    Sorry to hear of your accident twh (This is becoming a nasty trend)

    So you think the police are doing nothing AND they left your bike at the side of the road.

    I am speechless.
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  • bradfordbradford Posts: 195
    edited October 2009
    Well at least you have a crumb of comfort with your bike not being nicked!!The police were probably on their way to the nearest greasy spoon and couldn't be bothered to take this seriously.Get well soon and hope your bike is not too badly damaged!! Not too sure about the legal side of things though?
  • gert_lushgert_lush Posts: 634
    sorry to hear that twh, glad there was no bad injuries, amazed the bike was left for other people to look after!
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  • Glad you're OK. The police taking no action against the driver just means, like DDD says, that the driver isn't getting charged with any crime. Accidents do happen, and you'd have to say that people pulling out onto a roundabout sometimes make mistakes. For the police to take action, it would probably have required her to have been malicious or exceptionally reckless.

    It certainly doesn't preclude you from taking civil action for your injuries/bike.
  • There is nothing to stop you claiming damages from the driver- are you a member of any cycling organisation? If so they may be able to advise on lawyers. There are several who specialise in defending cyclists advertising in ' Cycling Weekly'; never used them so can't verify their worth.

    You could also contact the PCC (police complaints commission) and your MP. You might imagine that the plod would be defending vulnerable road users, but they are far too busy not stopping people using their mobiles, not dealing with organised crime (like bike theft), not tackling serial harrassment and bullying of vulnerable families who end up committing suicide.......

    Not taking any action appears to be par for the course- leaving the bike at the roadside would be slack even by the standards of Phil and Nige, the lazy, ineffectual, malevolent coppers in the underrated comedy 'Early Doors'.
  • cjcpcjcp Posts: 13,345
    Ker-rist. Lucky escape twh.

    You still have the right to bring a civil action for damages against the driver regardless of whether the Police are going to prosecute.

    Did the Police say why they aren't taking any action?

    Try Alyson France & Co, Leigh Day, Russell Cooke (or Russell Jones & Walker - not sure which).
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  • CorianderCoriander Posts: 1,326
    Oh, not another accident. So sorry to hear about this, but very relieved to hear how lucky you were injury-wise.

    And do persue it with the police, they seem to have a very cavalier attitude to accidents involving cyclists.
  • il_principeil_principe Posts: 9,152
    Bad luck fella, glad to hear you've escaped with minor injuries. Def hassle the Police. They were very good with me and the bike is in the police station for me to collect.
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  • Stuey01Stuey01 Posts: 1,273
    Wow, a lot of accidents atm. Glad you are ok fella.

    I'm definately taking a week off when the clocks change. I don't trust drivers to adapt to the changing conditions.
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  • flamiteflamite Posts: 269
    bad luck, but good job you're mostly ok!

    what is going on out there at the moment, thats at least 3 big hits on here in the past week or so..... all drivers just apparently not looking...
  • Sorry to hear that TWH, glad you and bike are ok'ish.

    I can't believe the Police left your bike at the scene! Definitely worth complaining about that. Will they pass on driver's insurance details for you to make a claim?
  • twhtwh Posts: 29
    Thanks for all the advice , I've been in touch with the police to find out what happened to my bike and they say " it was handed in to the station before a van could pick it up !! " I've got an incident number now so I'll leave it up to my solicitor to chase up the damages case .
    Still can't believe she didn't see me , despite the Altura night vision hi viz jacket , the Blackburn x6 lights , the reflectors on the side walls of the tyres , the reflectors on the wheels and the two high powered led rear lights !! What do you have to wear/have on your bike to ensure you are seen ?
  • Jesus! Not another one. Hopefully this is the end of all the offs for a while. :(

    Hope you're not too badly cut up. The deep cuts are the worst - the ones that go down through all the skin and rip up some tissue too.

    Definitely try and make a claim for injuries and damages. Filing a report wouldn't go a miss either. And leaving your bike! What is that about! That's like leaving a car with the door wide open, keys in the ignition and the engine running. :shock: Good to know that there are some good people out there. Might have been a cyclist that dropped it off. :P

    Did you get any witnesses?
  • twhtwh Posts: 29
    Nah , I didn't get any witnesses . I was too busy praying for the ambulance to hurry up ! Again I trusted Strathclyde's finest to do the job for me !! They probably never even got the drivers details !!
  • gabriel959gabriel959 Posts: 4,227
    Police in this country is utter rubbish... hope I never get hit!

    Rubbish NHS, rubbish Police ... what next? :(

    Get better soon mate!
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  • suzybsuzyb Posts: 3,449
    Strathclyde :shock:

    I would have thought they should know better, having fellow officers on bikes. Where about are you?
  • prawnyprawny Posts: 5,426
    Not wanting to worry the op but if the bike was fairly damaged the rozzers might of assumed that no one would bother nicking it. I saw a crashed car early saturday morning left with the windows smashed with a bit of police tape draped over the bonnet, could have nicked andything of worth out of it before it got light.
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  • Strathclyde y'say? Where abouts may this be?

    I think I'm going to start riding with a to-do list in case I get hit again :roll: No.1 will be get witnesses. I've made that mistake(?) too many times.
  • Strewth! There's a lot of it about! Careful out there and glad to hear you're not too badly hurt.
  • Sad to hear the police being so unsupportive in a lot of these incidents, almost as though the burden of guilt is being assumed to be on the cyclists in all cases :-(
  • Clever PunClever Pun Posts: 6,778
    Sorry to hear that, get well soon
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  • Rich158Rich158 Posts: 2,348
    Sorry to hear about the accident mate, hope you make a speedy recovery, glad it wasn't too bad.
    pain is temporary, the glory of beating your mates to the top of the hill lasts forever.....................

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  • twhtwh Posts: 29
    I'm in Ayrshire , the accident happened just outside Irvine
  • NGaleNGale Posts: 1,866
    There does seem to be alot of it going around at the moment :(

    However regardless of police inaction (there isn't another word for it) we have to keep reporting these kinds of incidents.

    The police only work by targets these days and if they see that there is an increase in the amount of reported RTCs involving cyclists then they will have to start to do something about it.

    Certinally from an ambulance service perspective here in the south west if we recieve reports of an RTC involving a cyclists we report it to the police even if the people on scene don't, so hopefully we are doing our bit.
    Officers don't run, it's undignified and panics the men
  • fossyantfossyant Posts: 2,549
    Bad luck there. Mine was similar, on a RB, lit up like xmas, got drove straight into.

    At least some folk stopped, only the driver stopped for me, then she didn't even get out of the car......

    Do go to A&E for a checkup, or the docs, photograph damage - you'll be able to claim for scratched components (I got new saddle, bar ends, XT pedals paid for) and damaged body parts.....

    Police very often don't prosecute when it's an accident, and the driver is cooperative - too much hassle for them. Doesn't matter, you take it through your solicitors.
  • twhtwh Posts: 29
    Oh I was taken to A and E by ambulance with the full protection , collar , spine board and o2 . When I got there I felt like I was in an episode of ER , "full C Spine stat" morphine drip etc , but thr best of it was all my winter cycling gear getting cut off , the only thing I've got left is my socks and shoes !!
  • twhtwh Posts: 29
    Just a quick update , I got a visit from plod yesterday to take a statement , they've decided to charge the car driver after all !! Something to do with my injuries , nothing to do with the fact that she was driving without due care and attention , didn't stop at the give way and hit me !!!
    Still no apology for leaving the bike by the road , can't have everything I suppose !
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