accident advice

racing mcqueen

Three months ago I was hit by a car from my bike on my commute home.

Was hoping somebody here might be able to give me some advice as I think the police are being totally negligent.

Riding home from work (in West London) I sensed a car following me a little too close. Looking over my shoulder I made eye contact with the driver. About 10 seconds later, approaching a junction she drove into the back of me, knocking me from my bike destroying my rear wheel, damaging my frame. In a daze I got up, picked my bike up... It was clear she wasn't going to hang around as she tried to manoeuvre around me. Not wanting this to happen I placed myself right in front of her bonnet. She drove at me a few times before stopping... next thing I know, she drove at me, running me over- I glanced off the side of her bonnet. Lucky was left with just a few scratches to my hands and some bruising to my leg.

The whole incident was seen by three different independent witnesses who had taken her registration number. After taking their details I called the police and went the local station the following day to fill in a statement.

Having not heard from the police until last week I decided to call them for the latest.

Apparently only one of the witnesses returned a statement to them. I was told however that their statement said that they'd seen the incident and blamed the driver for the accident- they were willing to go to court to testify. However, the officer on the phone told me that the driver would not be going to court, but has been summoned to attend a 'driver awareness course'.

Apparently she reported the accident to the police the next morning so cannot be charged for 'failing to report an accident'. That to me is completely irrelevant. She refused to stop... How about dangerous driving, with intent to harm me? The officer on the phone refused to answer my questions instructing me to contact them in writing if I disagreed with the course of action they were taking.

All I want is to see this person brought to justice. Anybody here been involved in a similar accident? How can I get the police to take this seriously?

Any advice would be greatly appreciated!

spen666

racing mcqueen wrote:

........ How about dangerous driving, with intent to harm me? ....!

There is no such offence - so she aint going to get done for that.

Pursue a civil claim for compensation - a criinal prosecution will not get you any compensation


If you think the driver should be prosecuted and the police won't prosecute , then you are always at liberty to bring a private prosecution.

Sadly in reality you can shout all you like, but you will achieve very little.

Life is too short to get stressed or upset over something you can't change


It may sound harsh, but its the reality of things - not saying its how it should be

dilemna

If you are not happy with plods response make a complaint to the IPCC. The fact that the driver is going on a driver awareness course means they will have admitted guilt. Had they not done so then the plods would have been pushing for prosecution. The driver has to pay for the course themselves and I believe if they are invloved in another similar incident within a certain period they are prosecuted. It is merely a means of saving money and to stop clogging up the courts. It is something you have no influence over and yes is indicative of the state reducing it's role in bringing these dangerous drivers to book. Yes it will p155 you off and countless others but this is how it now is. Get over it.

I hope the plods have made sure she was actually insured.

Instead as stated above get moving with your civil claim for compensation against her. You, or solicitor, can then use the fact that the driver was sent on a driver's awareness course by the police and that there are several witness statements corroborating your version of events which may well be pretty damning imho. There is a sticky at the top of this forum "What to do in the case of an accident". If she was uninsured your claim is against the Motor Insurance Bureau.

Perhaps invest in a headcam for next time - front and rear?

I hope your injuries are healing well. Get to your GP asap should you need further treatment and to get your injuries recorded, take pics as well, and sign up with a solicitor that specialises in cycling related personal injury. Good luck.

racing mcqueen

Thanks for your replies both. It seems there's not that much I can do. Maybe best to try and forget about the whole thing.

I feel I'd be wasting my time pursuing this with a private prosecution.

I wasn't badly injured so won't want to claim compenstaion for injuries, but I would like something for the damage caused to my bike... It was a complete write-off!

bails87

I stll find it incredible that a driver can deliberately aim their car at someone, run someone over and get sent on a 'driver awareness course'. She was 'aware' that she was running you over FFS! :roll:

Anyhoo, maybe nothing can be done about htis, but join the CTC or British Cycling so that you've got their legal assistance available for any future incidents (hopefully there won't be any).

gs3

I know from experience that if the car is identified (whether the actual driver is ID'd or not), it should be possible to claim for any damages to property from the Motor Insurer's Bureau - they have a fund which is there to provide some form of replacement compensation if you were to be hit by a third party who e.g. had no insurance - worth checking out seeing as the car AND driver are known in your case.

Unfortunately, I was in your position a few months ago when a car literally 'drove over me' from behind. Bike wrecked (very first commute on it too!!!), backpack and jersey ruined and some slight injuries (still needed a hospital visit). The driver drove off and neither he nor the car have been ID'd since despite three witnesses providing info to police (I'm still looking - police investigation exhausted in June due to no CCTV or reg. info) - apparently each of the witnesses focussed so much on me bouncing and sliding down the road that nobody clocked the registration before the car disappeared. I was all set to claim for my damaged property from the MIB fund when my solicitor informed me that the vehicle involved had to be identified for a claim to be paid - it would then be up to the police to locate the driver regarding hit-and-run charges, leaving the scene, failing to report etc.

If you have the reg. number then you should be able to claim for your bike if nothing else!!

Hope this helps a bit!

p.s. if anyone remembers a hit-and-run incident on St. Clair Street, Kirkcaldy, Fife on 24th March and know anything about the Blue Mini Cooper which drove over me about 7.30am that morning - could you please let me know (wishful thinking I know!!!) as I am still trying to gather any info I can..

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racing mcqueen

I stll find it incredible that a driver can deliberately aim their car at someone, run someone over and get sent on a 'driver awareness course'. She was 'aware' that she was running you over FFS! Rolling Eyes

It's crazy isn't it?! The police clearly don't see the fact that she deliberately ran me over as an issue.

gs3-
Sorry to hear about your accident. Definately worth thinking about investing in a little headcam for the future. I was lucky in the fact 3 sepearate witnesses noted her registration number.

Anyway, I'll be making a claim for the damage to my bike. Hopefuly I get somewhere with that!

dilemna

racing mcqueen wrote:

I stll find it incredible that a driver can deliberately aim their car at someone, run someone over and get sent on a 'driver awareness course'. She was 'aware' that she was running you over FFS! Rolling Eyes

It's crazy isn't it?! The police clearly don't see the fact that she deliberately ran me over as an issue.

gs3-
Sorry to hear about your accident. definitely worth thinking about investing in a little headcam for the future. I was lucky in the fact 3 sepearate witnesses noted her registration number.

Anyway, I'll be making a claim for the damage to my bike. Hopefuly I get somewhere with that!

Errrr ........... get over it. In any criminal prosecution it is the State ie police and CPS that prosecute an individual for any alleged criminal acts not you. You are just the main witness and victim. Yes it sucks the authorities are not prosecuting her with anything given you say you have three witnesses of her driving at you, BUT by agreeing to go on a "driver wareness course" she has effectively admitted her actions. If you want to get back at her which is clearly what you want to do then BRING a civil claim for damages against her. The burden of proof is lower "on the balance of probability" rather than "beyond all reasonable doubt" in a criminal prosecution. If she was insured any insurer would not be able to dispute liability with any prospect of success as she has effectrively admitted her actions by agreeing to go on a "driver awareness course". You could proceed with a private criminal prosecution but this could cost you a fortune and the CPS could still take it over and you get no re-imbursement for costs. So get wise instead and sign up with a solicitor specialising in cycling related PI cases and sue her ass off. She will likely not get insurance again for a while or be faced with a hugemongous premium.

Headhuunter

I feel angry for you and if I were you I would push for the police to do more. I have no experience of this though and am not sure what your routes would be. Essentially the police will try to get away with as little as possible...

Look at the recent headcam footage of the cyclist getting assaulted/punched by a motorist who actually stopped, got out of his car and attacked the cyclist! The police basically did diddly squat to folllow up on what was both dangerous driving and assault (as in your case) and only actually did something when the driver actually handed himself in to a police station after the cyclist posted head cam footage all over the net and it was published on the Evening Standard and BBC sites.

If that had not happened then I assume nothing would have been followed up and the driver would have got away scott free....

Best and 1st option is to take her to the cleaners with a no win no fee solicitor. Try Russell Jones & Walker....