I hit a car
Comments
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bd12mz wrote:oh - just had a call from the centre that deals with traffic accidents and I now have a crime number.
they have the driver but I got the impression that he came to the police.
bit unclear at this stage.
not sure about insurance atm but will keep you all posted on how this goes.
Oh right, totally missed that!
Please feel free to ignore my useless post...!0 -
Mountainboy2465 wrote:bd12mz wrote:oh - just had a call from the centre that deals with traffic accidents and I now have a crime number.
they have the driver but I got the impression that he came to the police.
bit unclear at this stage.
not sure about insurance atm but will keep you all posted on how this goes.
Oh right, totally missed that!
Please feel free to ignore my useless post...!
hehe - did have me wondering
the bike is going have to go back the LBS when I can retrieve it from th Holiday Inn and they will no doubt do their best to fix it.
not sure how Raliegh are with replacements as it's approximately 3 months old.
I know it's not a free replacement but I am thinking of new bike simply because there is no way to know for sure if the frame is still sound.
the driver (or his insurers) may have to cough up for a direct replacement.
when we looked at it I didn't remove a thing from it.
d-lock, front and rear lights are as they were when it happened.
not sure if the police want to see how it ended up or not.
I should get a form through by the end of the week which gives me the opportunity to put down events as they happened and the extent of damage to the bike and myself.0 -
PBo wrote:shouldbeinbed wrote:
Have you had any invoice from the hospital? I did after my accident treatment a few years back.
WHAT?????!!!!!!! How did that happen?????? (the invoice I mean, not the accident).
standard practice for years, changed and expanded in scope recently - any compensation claim needs to consider paying the NHS back for your emergency treatment at least now.
http://www.dh.gov.uk/en/Managingyourorganisation/Financeandplanning/NHSInjuryCostRecovery/index.htm0 -
PBo wrote:shouldbeinbed wrote:
Have you had any invoice from the hospital? I did after my accident treatment a few years back.
WHAT?????!!!!!!! How did that happen?????? (the invoice I mean, not the accident).
standard practice for years, changed and expanded in scope recently - any compensation claim needs to consider paying the NHS back for your emergency treatment at least now.
http://www.dh.gov.uk/en/Managingyourorganisation/Financeandplanning/NHSInjuryCostRecovery/index.htm0 -
bd12mz wrote:
not sure how Raliegh are with replacements as it's approximately 3 months old.
I know it's not a free replacement but I am thinking of new bike simply because there is no way to know for sure if the frame is still sound.
the driver (or his insurers) may have to cough up for a direct replacement.
when we looked at it I didn't remove a thing from it.
d-lock, front and rear lights are as they were when it happened.
not sure if the police want to see how it ended up or not.
I should get a form through by the end of the week which gives me the opportunity to put down events as they happened and the extent of damage to the bike and myself.
Write it all down now, you will begin to forget it if you wait a week. Write down everything you cannot do because of the accident, contact a decent solicitor ASP if you haven't already.
I was knocked off last year and the bike had £680 worth of damage, I had hoped it would be replaced but so far it looks like it will be a repair job. At least it includes a respray and replacement of any part with a single scratch on it.0 -
the solicitors I have gone with have been really fast in getting things to me and they are already doing their bits.
I got the bike picked up from the Holiday Inn and taken back to the shop I bought it from her e in Bristol.
initial report is the frame is ok but the front forks are ruined (no surprise there).
with the Christmas rush on bike building the guy said it might be a couple of weeks before they can do any real work on it - but that is ok as I am in no fit state to cycle.
I also have my Apollo cx10 as backup once I am ready to start cycling again.
it's gradually getting easier to lift things with my right hand but I sometimes try to lift too heavy or scratch an itch and my shoulder objects strenuously!
I've been in touch with the doctor that looked after me and he has been brilliant with advice and help.
he reckoned it will be about 12 months before anything is resolved.
that allows time for any injuries to settle down.0 -
good times ahead...the driver wasn't insured.
oh and he is contesting all the facts to boot.0 -
bd12mz wrote:good times ahead...the driver wasn't insured.
oh and he is contesting all the facts to boot.
He's more of a c0ck than I first thought then. As long as you can prove he his responsible, you should be able to get compo from the Motor Insurers Bureau - you'll be in safe hands with your solicitors dealing with it._________________________________________________
Pinarello Dogma 2 (ex Team SKY) 2012
Cube Agree GTC Ultegra 2012
Giant Defy 105 20090 -
Benno68 wrote:bd12mz wrote:good times ahead...the driver wasn't insured.
oh and he is contesting all the facts to boot.
He's more of a c0ck than I first thought then. As long as you can prove he his responsible, you should be able to get compo from the Motor Insurers Bureau - you'll be in safe hands with your solicitors dealing with it.
If the driver has come forward then he'll be getting done for driving while uninsured, surely. And is there any need for the MIB, can't the OP take action against the driver himself?0 -
bails87 wrote:Benno68 wrote:bd12mz wrote:good times ahead...the driver wasn't insured.
oh and he is contesting all the facts to boot.
He's more of a c0ck than I first thought then. As long as you can prove he his responsible, you should be able to get compo from the Motor Insurers Bureau - you'll be in safe hands with your solicitors dealing with it.
If the driver has come forward then he'll be getting done for driving while uninsured, surely. And is there any need for the MIB, can't the OP take action against the driver himself?
And when you find the motorist has bugger all money or assets, how are you going to get compensation out of him?
That is precisely why the MIB is in existenceWant to know the Spen666 behind the posts?
Then read MY BLOG @ http://www.pebennett.com
Twittering @spen_6660 -
spen666 wrote:bails87 wrote:Benno68 wrote:bd12mz wrote:good times ahead...the driver wasn't insured.
oh and he is contesting all the facts to boot.
He's more of a c0ck than I first thought then. As long as you can prove he his responsible, you should be able to get compo from the Motor Insurers Bureau - you'll be in safe hands with your solicitors dealing with it.
If the driver has come forward then he'll be getting done for driving while uninsured, surely. And is there any need for the MIB, can't the OP take action against the driver himself?
And when you find the motorist has bugger all money or assets, how are you going to get compensation out of him?
That is precisely why the MIB is in existence
1. Presumably he had/has a car (ok, might not be his)
2. Compensation need not be financial - get some of the boys, a few "D" locks and find out his address.....
3. If all else fails send for:
"Encyclopaedia is a fetish for very small bicycles"0 -
Wallace1492 wrote:spen666 wrote:bails87 wrote:Benno68 wrote:bd12mz wrote:good times ahead...the driver wasn't insured.
oh and he is contesting all the facts to boot.
He's more of a c0ck than I first thought then. As long as you can prove he his responsible, you should be able to get compo from the Motor Insurers Bureau - you'll be in safe hands with your solicitors dealing with it.
If the driver has come forward then he'll be getting done for driving while uninsured, surely. And is there any need for the MIB, can't the OP take action against the driver himself?
And when you find the motorist has bugger all money or assets, how are you going to get compensation out of him?
That is precisely why the MIB is in existence
1. Presumably he had/has a car (ok, might not be his)
Then you are forcing the victim to try to get the car seized by county court baliffs and sold to try to get compensation.
To remove the MIB would be to make the victim sufferWant to know the Spen666 behind the posts?
Then read MY BLOG @ http://www.pebennett.com
Twittering @spen_6660 -
spen666 wrote:
Then you are forcing the victim to try to get the car seized by county court baliffs and sold to try to get compensation.
To remove the MIB would be to make the victim suffer[/quote]
Was just a bit tongue in cheek. Not advocationg removal of MIB in any way, shape or form."Encyclopaedia is a fetish for very small bicycles"0 -
Out of curiosity - if a cyclist hits a car and leaves the scene having damaged the car - can the driver claim from the MIB?0
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Ah, I wasn't suggesting getting rid of the MIB too, I was genuinely wondering about the option of pursuing a civil case against the driver.
Good point about lack of assets I suppose. I was just thinking in terms of the civil liability repercussions of driving without insurance, to "top up" the criminal ones, just seems like he's off the hook a little (in a civil sense at least). Unless the MIB can then pursue him themselves, and I suppose his future insurance premiums will be higher, if he ever gets insurance!0 -
aye - I emailed them this morning after putting all the facts down - the MIB form is pretty big but they had filled in most things and I just had to put in a couple of details.
very professional and quick response so far.
they are Burroughs Day based here in Bristol.
back and neck are still aching 2 weeks after it happened.
but at least my shoulder isn't numb anymore.
I am going out for a test cycle this weekend - see how things are.
got the old bike in last night - pumped up the tyres will give the brakes and gears a going over on Sat morn.
I don't want to wait too long and get a fear of cycling.
I will have a healthy respect of that turning from now on...0 -
Regarding the MIB. The idiot may not get off scot free
I'm out of date on this stuff but what used to happen was that a claimant completed the MIB form, the MIB contacted the unsinsured driver asking if he would permit the MIB to act on his behalf, this would also mean that he agrees to repay them in principle. If he did that the MIB would try to negotiate settlement.
If the driver failed to complete the form, the claimant would have to sue the driver for the compo due, when he failed to pay (invariably) the claimant would assign the judgment over to the MIB who would pay out and then pursue the driver for recompense.
The MIB impose strict procedures and timelines to which is why it's best to use a lawyer.
The benefit of the MIB is that the victim receives the compensation due and the MIB have the hassle of recouping the money from the scum.
Plus the added bonus that the scum has a CCJ against him and hopefully a few points on his licence (if he's got one) and if we're really lucky his car will be a 1m square chunk of metal._________________________________________________
Pinarello Dogma 2 (ex Team SKY) 2012
Cube Agree GTC Ultegra 2012
Giant Defy 105 20090 -
in his statement he put that he was in touch with MIB so I am guessing that part of the process has already been put into play.0
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stepped back on the pedals this afternoon.
me and the girlee went for a short ride around the neighbourhood and I am pleased to say it was ok.
I could steer fine and it wasn't overly painful moving my neck.
one thing I notice - just how bad the Halford's Apollo really is.
basically like a piece of metal with wheels attached.
I had really not appreciated how frankly nasty it is.
good news is that my Raleigh is all finished being repaired (£160+) and I will pick it up tomorrow.0 -
Nice one bd12mz! Glad to hear that you're on the road to recovery._________________________________________________
Pinarello Dogma 2 (ex Team SKY) 2012
Cube Agree GTC Ultegra 2012
Giant Defy 105 20090 -
bd12mz
Hi,
I have been following your dreadful accident with interest (along with many others i am sure) and am of course sorry to hear about it and glad you are on the mend slowly.
I am a bit puzzled by the police actions. Have the taken a complete statement from you -a full formal signed affair with drawings and all that? the offence of failing to stop (FTS) at the scene of an accident is a criminal offence not a "just" a traffic one and so is normally taken really seriously by the police.
I suffered an attack by a london bus earlier this year (no harm done...) and the fact that the driver FTS has lead to criminal proceedings against him, the bus owner and transport for london. All instigated by the police themselves....
I hope your solicitor is helping get the driver charged.
good luck and you are right, no amount of clothing or lights makes you visible!
cheers
Philip
hivizyellow0 -
it has seemed to quite a relaxed approach by the police.
I met an officer at the hospital and really all he did was take down my personal info.
a doctor interrupted for my examination and after that short once over and pain killers given I went back out to the seat expecting more info needed and the copper said 'I have everything I need'.
perhaps there were really good witness statements and that the fact i was a walking wounded. my right arm was pretty useless at that stage and there is no way I could have drawn or written anything.
I did receive a 4 page form from them the week after needing details of the accident and there was a space for a drawing of the accident.
they have said nothing about the pursuit of their enquiries so I will just leave it all up to the solicitors to figure out.
the one thing I am still puzzled about is the insurance/road tax side of it.
I don't drive but was told that without insurance you cannot get road tax.
would the fact that it was new 2009 model car figure into that somehow?
~~~
good news is that I picked up the bike yesterday and cycled home without any problems.
the guy at the shop showed me the parts he replaced.
the forks were badly bent as were the stem and handlebars.
the front wheel has a nice kink in it so that was replaced too.
I cycled to work this morning and it was interesting to take a good look at the road layout once more from a cycling position.
I think I have worked out the trail of events from the drivers point of view now so I typed it all out and emailed the info to the solicitor.
boils down to:
driver glances right - but I am out of sight up the hill but around the bend.
he carries on driving out looking left because it's blind until you get to the junction.
he creeps out (having never actually stopped) all the time looking left on the blind side.
he sees it is ok left then glances right only to see me coming at his car and brakes sharply in the worst position for me as there was no way round left or right.
if there was any inkling that it was my fault then he would have remained stopped but instead he fled at high speed (I didn't see that but the doctor coming down the hill said he was driving 'like a bat out of hell').
anyways...was nice to get back in the saddle today - I am not put off cycling at all although I did experience a flashback when going past the turning.
it was the sound and fell of the impact something - I had played back in my mind before but riding past made it more real.0 -
Most dealers won't allow you to collect a new car without tax and insurance. Maybe the car was owned and insured by someone else and he wasn't covered to drive it. Theoretically the owner would then be liable to prosecution for allowing him to drive it.
Glad to hear you are back in the saddle. 0 -
For interests sake, having bought a new car this year, here's what happens re tax and insurance on a new vehicle;
Car arrives at dealer. Dealer rings purchaser to notify this and of need to get insurance cover note sent to dealer, as dealer can't tax vehicle (but can still drive on trade plates for PDI) until they have evidence of insurance. Purchaser sends dealer cover note, dealer taxes vehicle. Purchaser turns up at garage, shows evidence of insurance and drives taxed vehicle away.0 -
so I suppose that means he could have had insurance but then it either lapsed or he stopped paying.
so tax would already be in place.
thanks guys.
zanes - my woman is a student at Bath Uni too
[ mature student before any of you accuse me of cradle snatching :P ] 0 -
bd12mz wrote:so I suppose that means he could have had insurance but then it either lapsed or he stopped paying.
so tax would already be in place.
thanks guys.
Also worth pointing out- when i picked up, as I pay insurance monthly in arrears, I had not actually paid any money to my insurers (except maybe £10 admin or something silly). Whether others are similar I do not know- hope he gets the bloody book thrown at him.zanes - my woman is a student at Bath Uni too [ mature student before any of you accuse me of cradle snatching :P ]
Really? Small world! Tend not to see many matures on campus- probably course I do. Not on campus this year- hence car. Wonderful place for cycling though.0 -
zanes wrote:
Really? Small world! Tend not to see many matures on campus- probably course I do. Not on campus this year- hence car. Wonderful place for cycling though.
this term is a bit of a mare tbh - she has drawn a whole week of late lectures finishing 5-6pm.
after battling her way through rush hour traffic and eating late she really doesn't feel like studying much.
still - last day Friday and a nice long break 'til Jan 0 -
been a while...
today my solicitor let me know that the driver was insured after all.
not sure if a claim going to an actual insurance company will mean an easier ride or not but at least things are going forwards.
she is going to push them to at least get my bike repairs recompensed.
will help with the big financial hole I am in because of the collision.0
