Knocked off at Hammersmith roundabout (Nov 2009)

northstar

Yeah, I know about the insurance thing, it depends how much you want to pursue it really, personally i'd do it, upto you really.

prawny

Do you not have household insurance with legal cover that might help? Worth a try maybe?

I wouldn't let the fecker get away with £350 is a lot of money.

Jamey

Well the £350 was the repair quote... I haven't actually spent that as I was able to keep the bike going without having to do too much apart from a bit of fettling.

Household insurance means making a claim for stuff that's mainly cosmetic so if they didn't manage to find the bloke and get their money back from him I'd be left with larger premiums for the sake of fixing some scratches and other cosmetic damage.

Reading the MIB leaflet again it seems I may have had the wrong end of the stick... But it still wouldn't really be recovering from the guy himself... He would still have gotten away with it even if the MIB pay up and the principle is more important to me than the actual cash tbh.

Eau Rouge

None of this is sounding like fun, I hope things turn out right for you. Not much help on the advice front, sorry.

Gazzaputt

Shame you don't have his address. Did you check the reg matches the car?

W1

I think the MIB will only cover you for injuries, rather than damage?

Have you checked the MIB database that he's not actually on it? Do you have the registration number?

You could write to the DVLA and ask for the details of the registered keeper (I think this costs about £2.50 and you can do so if you have a legitimate interest - it's how private parking firms get details for their lovely parking charge letters). Then maybe send him a letter (recorded delivery) outlining your costs, an offer to settle, and a threat of proceedings within a reasonable time (say 14 days, maybe longer)? Scan the letter too and send him a copy by e-mail. A threat of action might jog him into action and it won't have cost you much.

Jamey

I do have his address.

All the reg checkers I've found require money so I haven't done them.

He doesn't live too far from where I work, it's just the complete opposite direction to going home, that's all. I did try to check his house on Google Streeview but the car hadn't been up his road.

W1

I think there's something called MID that you can check for free. Sound easier if you can just go round and knock on the door though.

spen666

Jamey wrote:

I'm fine, bike's going to need some repairs and my iPhone is smashed

Here's what happened:

I was about to come off the roundabout onto Shepherds Bush Road, the last road before this exit is a one-way street coming onto the roundabout so you can't turn into it from the roundabout. Traffic was a bit heavy so I filtered down the left ready to take my exit.

Despite the one-way road a car still began turning left as I went past on the inside, hit me and off I came. It was fairly low speed on both parts so not too dramatic (little bit of a dive and slide across the tarmac but nothing too bad) but as soon as I felt the contact I know the front of my bike was going to need looking at.

He got out of the car (young-ish chap, mid-late twenties, Aussie I think) and apologised, asked if I was OK etc. I asked where he was trying to go and he said he'd been about to pull over into a small parking area by the side of the roundabout to let passengers out, which I'm sure was true but the area was right in front of him, I'm not sure why the left turn was needed.

Anyway, I've got his details and I really hope he's got insurance as the phone on its own is going to be about £400 and there's going to be a few hundred quid's worth of bike stuff to do.

What I've spotted so far:

1) I think the fork is bent. When you spin the wheel it runs true but it looks funny in the frame and the front brakes have to be adjusted waaaay over to one side, to the point where it's basically impossible to set them right.

2) Rack is bent.

3) Left shifter is bent way inwards, but still works. Right shifter bent slightly inwards and still works.

4) After the accident the rear brakes had been affected as they were locked onto the wheel, but looking at it now I can't see what's wrong. They seem OK.

There may be other things I haven't spotted yet, will be taking it down to GB Cycles tomorrow to get them to look it over and write me up a proper list that I can use for insurance purposes.

I've got the bike (and phone, I think) covered on my home insurance but I presume that I need to do this through his insurance and forget about my insurance company.

Or should I still let my insurance company handle his insurance company?

Glad you aint too badly hurt, shame re bike/ phone

Go through his insurance commpany. notify them immediately

essexian

Hi,

If you decide to go down the Small Claims Court route, its worth reading this link brought to you by those nice people at Citizens Advice

http://www.adviceguide.org.uk/index/you ... claims.htm

I think the Court Fee will be £45 if your claim is less than £500.

Jamey

Thanks...

One other thing making me hesitant to start a small claim is that I have zero evidence... No witnesses at all. Just my word against his.

prawny

jamey, if you pm me his reg number i might be able to get his insurance company details. I'm in the industry innit 8)

W1

Jamey wrote:

Thanks...

One other thing making me hesitant to start a small claim is that I have zero evidence... No witnesses at all. Just my word against his.

As I said before - you have his address, write him a letter outlining your claim and costs, threaten action if he doesn't respond. You don't need to carry out the threat!

nation

Jamey wrote:

Thanks...

One other thing making me hesitant to start a small claim is that I have zero evidence... No witnesses at all. Just my word against his.

Most small claims actions to do with liability for road traffic accidents are like this.

If you did pursue it through small claims (not actually as scary as it sounds, I'm not a lawyer and it's a significant part of my job) it would be an informal hearing in front of a judge, each party (or their representatives) would give their version of events and present any evidence they have, and then the judge will decide whose fault it is on the balance of probability.

If the other guy doesn't turn up then you'll almost certainly be granted judgement in default in your favour. If he doesn't pay up it goes down as a CCJ and wrecks his credit rating.

The only thing to be aware of is the possibility of it being decided that it was your fault (not likely) or that you were equally responsible. In the latter case each party becomes responsible for 50% of the other's costs (though it sounds like your costs are higher than his, and he'd have to make a counterclaim to get anything out of you) and half the court costs.