accident today

izmology
izmology Posts: 5
edited March 2012 in Commuting chat
Hi all,

I got into my first bicycle accident today and am looking for opinions on fault. I have a car drivers mentality and believe that if I hit the back, I'm likely to blame in the eyes of the law and will have to pay for his dent that my bike and head made. :-/

He did however brake late even though it wasn't an emergency stop. The wide angle lens on the video makes it look like i'm slightly closer than I am, but I did brake all the way in.

That's my position on it, but I'm still a little dizzy, have a black eye and a sore head and it was lucky I was wearing a helmet, or I'd have left a stain on his car. :-D

http://www.youtube.com/watch?v=FiRlUspEBeM

Any opinions welcomed. We exchanged details, but I'm not insured with the bike and feel that I'll probably end up paying to fix his dent and broken trim.

Comments

  • rjsterry
    rjsterry Posts: 29,362
    edited March 2012
    Check out the 'what to do in the case of an accident' thread over on Commuting General, but generally write as much as you can down while it is still fresh in your (sore) head. Also, get yourself checked out medically.

    ETA: As others have now said, it seems like it was your mistake.
    1985 Mercian King of Mercia - work in progress (Hah! Who am I kidding?)
    Pinnacle Monzonite

    Part of the anti-growth coalition
  • I wish you quick healing and all that but the fact that the vehicle you operated happened to be a bicycle makes no difference to who's at fault. You rear-ended another road user ergo you must cough up for the motorist's bodyshop bill. End of.
  • SimonAH
    SimonAH Posts: 3,730
    Yup. Sorry mate but you are culpable here IMHO.
    FCN 5 belt driven fixie for city bits
    CAADX 105 beastie for bumpy bits
    Litespeed L3 for Strava bits

    Smoke me a kipper, I'll be back for breakfast.
  • izmology
    izmology Posts: 5
    Yeah, I guessed so. I don't have a problem. You live and learn. This is a section of road that's all speed humps and cars speed up and slow down all the way down. I'm always up behind them as I have a faster overall speed. Guess, I'll take it as a learning experience, lighten my wallet and not do it again.

    Cheers.
  • EKE_38BPM
    EKE_38BPM Posts: 5,821
    I'm in agreement with the others.
    You didn't leave yourself enough time/space to avoid the car and went into the back of it so its your fault.

    Edit: Good to see you're taking it on the chin and not trying to squirm out of it.

    Welcome!!
    FCN 3: Raleigh Record Ace fixie-to be resurrected sometime in the future
    FCN 4: Planet X Schmaffenschmack 2- workhorse
    FCN 9: B Twin Vitamin - winter commuter/loan bike for trainees

    I'm hungry. I'm always hungry!
  • Depending on the extent of the damage and the motorist's insurance premium, excess and no-claims bonus, it may be worth a pop to ask the motorist whether they're willing to claim and have you pay a lump sum to cover the reduction in no-claims bonus. Obviously it's all dependent on the motorist's good will, but in my case it worked. I rammed a Focus Estate in 2010, writing off the car's rear door and smashing my hip to bits. But judging by your footage the damage looks too minor to bother.
  • izmology
    izmology Posts: 5
    There was a dent where the top of my brake hit. The rest was padded by my handlebar bag. The plastic trim around the boot opener was also cracked. The dent will be the one that costs though. The paint wasn't broken, so hopefully they'll just be able to pull the dent and be done.
  • bails87
    bails87 Posts: 12,998
    For future use, join CTC or British Cycling, on one of the memberships that gives you 3rd party insurance.

    Get yourself checked out medically, and I hope the bill isn't too much.
    MTB/CX

    "As I said last time, it won't happen again."
  • kelsen
    kelsen Posts: 2,003
    izmology wrote:
    Yeah, I guessed so. I don't have a problem. You live and learn. This is a section of road that's all speed humps and cars speed up and slow down all the way down. I'm always up behind them as I have a faster overall speed. Guess, I'll take it as a learning experience, lighten my wallet and not do it again.

    Cheers.
    That's a very pragmatic view and one that'll make you a better cyclist. Hope it all gets sorted quickly, and welcome!
  • mouth
    mouth Posts: 1,195
    Your fault IMO. From how far away could you see that there was a zebra crossing ahead? Sorry.
    The only disability in life is a poor attitude.
  • kelsen
    kelsen Posts: 2,003
    Mouth wrote:
    Your fault IMO. From how far away could you see that there was a zebra crossing ahead? Sorry.
    On another day the OP probably would've anticipated. We've all had our moments of relapse, from ogling the pretty lady walking along the pavement to thinking about what's for dinner later.
  • EKE_38BPM
    EKE_38BPM Posts: 5,821
    Yeah, no-one is perfect all of the time. We all make mistakes. As the OP says, you live and learn, and it will make the OP a better cyclist in the long run.
    FCN 3: Raleigh Record Ace fixie-to be resurrected sometime in the future
    FCN 4: Planet X Schmaffenschmack 2- workhorse
    FCN 9: B Twin Vitamin - winter commuter/loan bike for trainees

    I'm hungry. I'm always hungry!
  • PedalPedant
    PedalPedant Posts: 185
    izmology wrote:
    I'm not insured with the bike and feel that I'll probably end up paying to fix his dent and broken trim.

    It might be worth looking in the small print of your home insurance, some policies do include an element of personal liability cover.

    PP
    People that make generalisations are all morons.

    Target free since 2011.
  • pdw
    pdw Posts: 315
    Depending on the extent of the damage and the motorist's insurance premium, excess and no-claims bonus, it may be worth a pop to ask the motorist whether they're willing to claim and have you pay a lump sum to cover the reduction in no-claims bonus.

    I think this would be a bad idea. If the driver makes a claim on their policy, there's no reason why the car insurance company shouldn't come after you to try to recover their losses.

    If it's looking expensive then a better idea is to see if your household insurance policy will cover you. If you have one, then it usually will.
  • pdw wrote:
    Depending on the extent of the damage and the motorist's insurance premium, excess and no-claims bonus, it may be worth a pop to ask the motorist whether they're willing to claim and have you pay a lump sum to cover the reduction in no-claims bonus.

    I think this would be a bad idea. If the driver makes a claim on their policy, there's no reason why the car insurance company shouldn't come after you to try to recover their losses.

    If it's looking expensive then a better idea is to see if your household insurance policy will cover you. If you have one, then it usually will.

    I stand corrected then. Thankfully in my case the insurance company didn't bother to hunt me down. However I'd like to add a caveat to your remark about insurance companies' losses, namely that they don't have any. After a claim they simply raise the premium(s) one way or another. They always win in the end.
  • rick_chasey
    rick_chasey Posts: 75,661
    S'a good experience for when someone does deliberately 'brake test' you.