latest hit and run.....

spen666

guilliano wrote:

i hope they do catch the driver, mainly as i want any damage to my bike paid for! in a way i should be thankful it happened now.... if it had happened in 5 months i wouldn't be in a position to hold my newborn kiddie. have only just this morning managed to get out of my riding gear (which survived intact). think my helmet is no longer with us though. r.i.p.

If driver not caught or is not insured, you can make a claim to the MIB for compensation.

Be careful as there are 2 schemes

guilliano

Sorry to keep coming back to this thread...... but I'm still trying to work things through.

If I was travelling at about 15mph in a straight line and hit the side of the car, how is it possible that I was thrown 20 feet or more to my left? Would I have naturally gone over the car and landed still on the roundabout instead of partway up the road I was passing?

Sirius631

I reckon that you must have landed on the bonnet and been carried up the road. 20 foot isn't really very far, but it must have been on hell of an impact. Think you were very lucky to not have come away with internal injuries.

guilliano

Quick update......

The bike seems OK, front wheel is slightly buckled but should survive. As for me, I still have leg, back and neck pain and the shoulder is still very sore. Bruising is starting to develop and my shoulder is completely yellow now (sexy!). My helmet seems to have survived too, but may send it off for crash replacement anyway just in case. Just been given a bucket of painkillers and anti-inflammatory pills and will have to go back to the doc on Monday to decide if I can go back to work (although working in a bike shop with bikes hanging on a wall may be very awkward).

Percy Vera

guilliano wrote:

Quick update......

The bike seems OK, front wheel is slightly buckled but should survive. As for me, I still have leg, back and neck pain and the shoulder is still very sore. Bruising is starting to develop and my shoulder is completely yellow now (sexy!). My helmet seems to have survived too, but may send it off for crash replacement anyway just in case. Just been given a bucket of painkillers and anti-inflammatory pills and will have to go back to the doc on Monday to decide if I can go back to work (although working in a bike shop with bikes hanging on a wall may be very awkward).

Take plenty of photos of your bruising and injuries might come in useful

dag_on_a_bike

As stated above, you can submit a claim to the MIB under the Untraced Drivers' Agreement.

There is no need for a solicitor. Indeed many solicitors will not be interested in such a claim as their costs are restricted.

Having said that, a solicitor is adviseable as they should have the experience to say whether what the MIB award as compensation is reasonable (which is not always the case).

Property damage is covered by the Agreement as well as your injuries, if the claim is accepted, but subject to a £300 (?) excess.

guilliano

Just to make things clearer....

I was approaching from the right of this image, the Astra was approaching from the left.

Red Rock

Sorry to hear about your crash/injuries, but it sounds like the accident was your fault. If you were approaching from the right and the Astra was approaching from the left, then the Astra had right of way!

balthazar

Red Rock wrote:

Sorry to hear about your crash/injuries, but it sounds like the accident was your fault. If you were approaching from the right and the Astra was approaching from the left, then the Astra had right of way!

I find this perplexing, especially with respect to the earlier quoted segment from the highway code, which supports what you say. If a car doesn't indicate on a roundabout, then surely it forfeits its right of way to any exit other than straight-ahead? If not, then what purpose does indicating serve?

I'm aware that mini-roundabouts make conventional indicating procedures (for instance, indicating right "onto" the roundabout and then left off it, for straight-ahead) difficult because they're so small and you're past them so quickly – but if somebody turned across me without indicating then I'd be furious and convinced they are at fault (as happened in this case - GWS, guilliano). Must I wait until the roundabout is completely clear of vehicles before entering, just in case somebody wishes to turn across me? That situation is unworkable even in empty villages mainly trafficked by occasional woolly-head Micra drivers, surely – let alone in busy towns and cities.

Sirius631

Red Rock wrote:

Sorry to hear about your crash/injuries, but it sounds like the accident was your fault. If you were approaching from the right and the Astra was approaching from the left, then the Astra had right of way!

The rider and the Astra entered the roundabout at the same time. If the Astra had negotiated the island with the required care it would not have caught the rider and certainly not had the rider colliding with its passenger door.

Red Rock

balthazar wrote:

Red Rock wrote:

Sorry to hear about your crash/injuries, but it sounds like the accident was your fault. If you were approaching from the right and the Astra was approaching from the left, then the Astra had right of way!

I find this perplexing, especially with respect to the earlier quoted segment from the highway code, which supports what you say. If a car doesn't indicate on a roundabout, then surely it forfeits its right of way to any exit other than straight-ahead? If not, then what purpose does indicating serve?

I'm aware that mini-roundabouts make conventional indicating procedures (for instance, indicating right "onto" the roundabout and then left off it, for straight-ahead) difficult because they're so small and you're past them so quickly – but if somebody turned across me without indicating then I'd be furious and convinced they are at fault (as happened in this case - GWS, guilliano). Must I wait until the roundabout is completely clear of vehicles before entering, just in case somebody wishes to turn across me? That situation is unworkable even in empty villages mainly trafficked by occasional woolly-head Micra drivers, surely – let alone in busy towns and cities.

Sorry, I hadn't taken note of the fact that the driver hadn't indicated, which would shift the blame towards the driver.

unixnerd

Might be worth a wander round some of the roads round there, see if any cars matching the description have damage. Police may be too busy to check. Report the number if you find one. Also worth visiting a few of the local car body repair shops and letting them know.

You might stop him/her having another victim.

guilliano

Red Rock wrote:

Sorry to hear about your crash/injuries, but it sounds like the accident was your fault. If you were approaching from the right and the Astra was approaching from the left, then the Astra had right of way!

I'll argue this til I die it seems.

The Give Way sign is to the left of the image (driver's approach). This was ignored

A car coming out of the junction at the bottom of the image was giving way to traffic from her right (me)

Cars waiting to turn right into this junction were required to give way to her, and therefore me.

Car didn't give way and figured it could nip in before I got there. Made the decision too quickly to indicate. Wrong decision as it took out a cyclist who had right of way.

drewfromrisca

Quite suprised the car hasn't been traced yet? Did officer say it was no trace on the PNC check or he just hasn't done it yet??? If not then I don't know why as it takes 2 minutes. Even if he's too busy/can't do it then he can get another officer/control room/civilian staff member to do it.

guilliano

Can't do a PNC check when nobody got the registration.

Sirius631

guilliano wrote:

Can't do a PNC check when nobody got the registration.

Q- Where are all the PNC cameras when you need them ?
A- Exactly where you don't need them.

drewfromrisca

Doh :oops: apologies, I thought I had read that you had got the car details!!! Oh well you have no chance then!!!

benno68

drewfromrisca wrote:

Doh :oops: apologies, I thought I had read that you had got the car details!!! Oh well you have no chance then!!!

But he does!

As said before, the Motor Insurer's Bureau will consider an injury claim caused by an untraced motorist, as with all liability claims, evidence will be needed to prove negligence against the untraced driver - the OP has eye witnesses -, and quantify the level of damages to claim which is best left to lawyers or the MIB people who will base compensation on medical evidence and the pain, suffering etc etc...

@ guillano - have a look at the link to the MIB I posted ealier on in this thread, should be worth looking over under the circumstances.

drewfromrisca

Sorry Benno68 I meant he had no chance of tracing the car/driver. I totally agree with the MIB thing as I had a £10,000 payout a few years ago from them.

benno68

drewfromrisca wrote:

Sorry Benno68 I meant he had no chance of tracing the car/driver. I totally agree with the MIB thing as I had a £10,000 payout a few years ago from them.

No worries mate, you must have been a nasty one with that sort of payout - hope you've fully recovered!

guilliano

I'm still waiting for a call from a lawyer for a claim through MIB. Just been signed off work for another 2 weeks and doc wants to see me after that. I think I may have torn a bum cheek as I have a sharp pain in that still.

drewfromrisca

Good luck with it, all I'll say is it's a looonnng process. Took me almost 3years. I did mine after the courts failed to hand out justice to the little toe rag after he deliberately ran me over whilst I was directing traffic (long story) and I was awarded a measly 2 grand for my troubles. That sounds like a lot but years of pain, constant dislocating, operation, not being able to wipe your own bum meant it was pittance! I was very very thankful of getting the money but like I said, it took a while.

Oh and a quick tip - don't take the 1st offer...I didnt after being told this but apparently they almost always start off with a poop offer then give you the real one. Not sure how much of that is true though.

Also final tip!!! Keep receipts of everything...if you can't drive and need taxi/bus etc, get receipt. If mate/family member takes you to doctors take down start finish mileage, date time etc. Keep receipts for medication, ibuprofen, gels etc. All handy at the finish, you might not need it but like I was told - you never know!!!

alfablue

As for refuse the first offer, I got an offer for £3000, my solicitor said I should refuse, and the offer became £4000. (My car was hit by an uninsured "travellers" bus, my legal insurance on the car policy paid for the solicitor).

drewfromrisca

There we go then must be sound advice.