Hit by a car. Advice appreciated.

seige

hello
i have enjoyed bike radar for ages and was hoping to join under better circumstances.myself and my beloved team carbon were hit by a tool in a car three days ago.he was totally to blame but after i bounced off the floor i took a swing at him.i felt so scared and annoyed at the time that as a responsible rider someone could end your life so easily.i was carted off in an ambulance and have suffered severe damage to the tendons in my left shoulder.i am off work and my boardman is in the garage messed up where it used to sleep in my spare room.cops have said they are not really bothered about the crash as i was not riding something with a flippin engine.has anyone any experience of anything like this as i am disgusted that other than my reaction i was completely innocent and basically assaulted by someone in a car.surley if a pedestrian was run over the fuzz would do something.
thanks for any help

kentphil

Contact an insurance claims company. I'm sure they would be more than happy to take your case on for you.

rsands

sorry to hear of your unlucky incident. police now adays dont investigate unless it was a serious fatal accident. what they give you is an incident number so your insurance company can continue with the legal action

StillGoing

Write to the chief constable and complain if you feel the police are not proceeding simply because they can't be bothered. It is an injury RTC so has to be reported to the police BY THE DRIVER otherwise they commit offences unless they produced details of their insurance at the time. Owing to the presence of a motor vehicle on a road an accident occurs whereby injury is caused to a person other than the driver. As well as providing other details in an injury they must provide their insurance details. If they don't they must report the accident to a police officer as soon as practicable and in any case within 24 hours. If there are allegations of due care etc then a decision needs justifying. If the injuries are minor, there is no allegation or any witnesses to support an allegation, then it is understandable that the police will leave it for the insurers to sort out.

styxd

There could be some good info here: http://www.cyclistsdefencefund.org.uk/

A solicitors will probably be able to sort it for you on a "no win, no fee" basis. It could be a fairly long process but you'll end up getting a decent amount of compensation, especially if you have been unable to work due ot it.

Another alternative would be to phone his insurance company and see if they can "sort you out". You might not get as much money but you'll probably get it sooner.

Secteur

I found the police excellent when I was knocked off a year ago. I didnt suffer any "major" physical injury.

I think that you taking a swing at the driver was idiotic in the extreme though, and I'd suggest he could sue you just as easily as you could sue him.

For that reason, I'd let this one go.

Next time, control your temper better.

Hope you get better soon.

bails87

What happened when you 'took a swing at him'. Did you swing and miss, or is the driver now in a coma?

Leigh Day & co are the solicitors that British Cycling use. Get in touch with them, it sounds like a serious injury. Don't settle for the cost of a replacement bike as a quick settlement from the insurers.

seige

thanks for the replies guys.i am really down about all this at the moment and the only reason i responded at the crash site the way i did was because i only got married a month ago.i took up road cycling two years ago to get fit and fell in love with everything about the sport.i have driven a car for nearly twenty years so i am a careful cyclist who adheres to the rules of the road.every time i go out on the bike i run the gauntlet round where i live.it was a real bad crash and although i was silly in my response, i want everyone to wear a helmet and get insured cos thats what i will do if i can ever ride again.

essjaydee

Sorry to hear about your accident, and wishing you a speedy and full recovery
Look on the positive side that you are still here to make the most of life

Are you a member of a trade union? Just a thought as they have solicitors that you could contact for advice and guidance.

Citizens Advice Bureau might be helpful too.

CambsNewbie

Did the Police actually attend the crash or did you report it afterwards?

As it is an injury RTC it must be reported as others have stated. In the force I work in I would fill out a RTC booklet with all the details, injuries etc, if I thought one party was more to blame than the other I'd state that and why, submit any pics etc then submit it to our collision investigators who will decide whether any further action is needed, from a full prosecution at court to driver improvement schemes.

Obviously how your local force will work will be slightly different but some kind of report will have been, or should have been submitted.

seige

CambsNewbie wrote:

Did the Police actually attend the crash or did you report it afterwards?

As it is an injury RTC it must be reported as others have stated. In the force I work in I would fill out a RTC booklet with all the details, injuries etc, if I thought one party was more to blame than the other I'd state that and why, submit any pics etc then submit it to our collision investigators who will decide whether any further action is needed, from a full prosecution at court to driver improvement schemes.

Obviously how your local force will work will be slightly different but some kind of report will have been, or should have been submitted.

police attended,he even said when i was in ambulance that it was driving without due care and attention.police man said he would ring my wife but didnt and hasnt called us even now!we have called police and he is off until later in week!seems like man on bike does not have a value eh?

bungalballs

I might be wrong, but sounds like old plod was just about to go on holiday/days off and this happened, which was all he needed. He therefore assumed it would go nowhere, and didn't fill out any forms so he didnt get stuck at the station and could get home for a beer. If I'm right, taking it back to the police station and asking another officer or someone more senior might help?

essjaydee

I got a bit frustrated with an incident I reported recently, but they did get back to me and follow it up after a few days.

Phone them and get the incident number though as you'll need this if you submit a claim.

StillGoing

seige wrote:

CambsNewbie wrote:

Did the Police actually attend the crash or did you report it afterwards?

As it is an injury RTC it must be reported as others have stated. In the force I work in I would fill out a RTC booklet with all the details, injuries etc, if I thought one party was more to blame than the other I'd state that and why, submit any pics etc then submit it to our collision investigators who will decide whether any further action is needed, from a full prosecution at court to driver improvement schemes.

Obviously how your local force will work will be slightly different but some kind of report will have been, or should have been submitted.

police attended,he even said when i was in ambulance that it was driving without due care and attention.police man said he would ring my wife but didnt and hasnt called us even now!we have called police and he is off until later in week!seems like man on bike does not have a value eh?

No seems like that particular officer either got tied up dealing with something else or is a bone idle shirker who wants their arse kicking by their stripey. There are only so many officers on duty and if a more serious incident occurs they will be diverted to deal with that. However, it is annoying that the call to the wife didn't get made as all that needed doing was to ask the control room to do it for them by passing the number on to the incident.

If the police attended there must be an RTC report submitted to the local authority for stats collation especially if it is an injury RTC. (Stats help the local authority decide what traffic safety measures to implement in the future.) Some collisions can be written off as knock for knock or details exchanged, but only for minor collisions where no blame can be attributed. The report isn't necessarily submitted at the end of the shift and will take a few days to reach the processing unit. It may be that the officer intends to visit the driver when their duties allow the time in order to interview them contemporaneously for their version of events and report them for any disclosed offences. There is no need for an NIP as the driver is already aware, so no technical get out to avoid prosecution. The officer will also need a full update of any injuries which wouldn't be known until after treatment. It will take a few days for any bruising to appear for photographs to go on the file. Give it a week and then phone in asking for an update.

nicklouse

some good reading
viewtopic.php?f=40052&t=12722930

seige

thanks again everyone for all the replies and kind wishes.some really good stuff for my wife to follow up!
on a seperate note,will my frame be ok or is there no way of knowing without getting an x ray?i cant bring myself to look over the bike fully as i am in a sling and in a lot of pain.when my wife collected it from the police station it appears only to have damage to the hoods,tape,skewers and a chip on seatstay.WHEN i have recovered and if nothing is resolved,i just wondered if it would be safe to ride.thanks again guys and please be careful.

izza

I was taken out by a car once and got the bike (remains) taken to my LBS. They signed off that the frame was not safe anymore due to cracks.

If you take it to your LBS or a Halfords they could well be able to provide a letter confirming that the frame is damaged and should not be used again due to being involved in an accident.