Knocked off - Hit & run

rebs

Did contacted the soliciters linked via CTC, but am awaiting a call back. ... I suspect teh Christmas holidays might be taking priority here. I spoke to the CTC helpline who did say that an actual conviction will add more weight to the claim.

Although I am keen to get back on the road as soon a possible. I'm not that shaken by the incident as it's partly down c__p happens. Would like to at least have a ridable bike sooner rather then later!

kelsen

Just pick up a cheap hack bike and be humble for a while

sketchley

I don't doubt the conviction will help the claim and I'm not suggesting you settle before the criminal case is over. What I am suggesting is contact a solicitor with a view to starting a civil claim. Solicitors may adivse to start and then put striaght on hold until criminal case is over but at least it started, they may advise to press ahead. They may even suggest going for an interim payment to cover your expense which can be paid out now and then you wait for the criminal case to complete. My claim from March which has no criminal case is still going through, however I recieved very early on a interim payment to cover expenses and bike damage etc as blame was not in doubt.

vermin

Sketchley wrote:

I don't doubt the conviction will help the claim and I'm not suggesting you settle before the criminal case is over. What I am suggesting is contact a solicitor with a view to starting a civil claim. Solicitors may adivse to start and then put striaght on hold until criminal case is over but at least it started, they may advise to press ahead. They may even suggest going for an interim payment to cover your expense which can be paid out now and then you wait for the criminal case to complete. My claim from March which has no criminal case is still going through, however I recieved very early on a interim payment to cover expenses and bike damage etc as blame was not in doubt.

In addition to all of the above, the service of civil proceedings will help with the gathering and preservation of evidence used in the criminal case for use in the civil action. In short, do as Sketchley says and see a solicitor.

Headhuunter

rebs wrote:

Did contacted the soliciters linked via CTC, but am awaiting a call back. ... I suspect teh Christmas holidays might be taking priority here. I spoke to the CTC helpline who did say that an actual conviction will add more weight to the claim.

Although I am keen to get back on the road as soon a possible. I'm not that shaken by the incident as it's partly down c__p happens. Would like to at least have a ridable bike sooner rather then later!

When I had my crash a few years ago Russell Jones walker were able to get an advance payment for the bike before ant judgement had been passed, they got me 600 quid for the bike within a few weeks...

navt

Just glad you're alive to tell the story. The bike can be replaced.

First.Aspect

Get the civil claim started asap. It all takes time.

Remember, the criminal claim isn't really much to do with you. Its the state vs. the driver. If my experience is anything to go by, you won't be kept up to date with it and they won't be terribly interested in what you have to say.

The result of the criminal case and the evidence collected might ultimately be helpful, but it might not be necessary.

I'd be quite suprised if the CPS really did go for dangerous driving, rather than careless driving. The incident is quite similar to mine, except for the driving off. The law tends to say that this only falls slightly below reasonable standards of driving, rather than a long way below. Hence, careless.

Given the option, the CPS/Sherriffs would probably want "a wee bit distracted driving" offence, to capture all forms of driving not resulting in death. The penalty would be a mandatory sheepish wave at the victim.

sketchley

First Aspect wrote:

Get the civil claim started asap. It all takes time.

Remember, the criminal claim isn't really much to do with you. Its the state vs. the driver. If my experience is anything to go by, you won't be kept up to date with it and they won't be terribly interested in what you have to say.

The result of the criminal case and the evidence collected might ultimately be helpful, but it might not be necessary.

I'd be quite suprised if the CPS really did go for dangerous driving, rather than careless driving. The incident is quite similar to mine, except for the driving off. The law tends to say that this only falls slightly below reasonable standards of driving, rather than a long way below. Hence, careless.

Given the option, the CPS/Sherriffs would probably want "a wee bit distracted driving" offence, to capture all forms of driving not resulting in death. The penalty would be a mandatory sheepish wave at the victim.

It maybe the case that the CPS would start with dangerous but would accept careless if the driver pleads guilty. However that's pure speculation on my part.

bails87

Glad you're okay (relatively). As others have said, get moving on the civil side of things now. If the driver admits liability (and he seems to have admitted to the police that he hit you) then his insurers should sort you out with a new bike and any other immediate costs, damaged clothes, helmet etc. It's the injury stuff that can take longer, simply because you have to wait until you're healed before you settle. Assuming, of course, that his insurers agree with him and admit full liability....

I got my money for helmet/bike/clothes a couple of weeks after the collision, then a few months later the driver was 'dealt with' by the police (driving awareness course, which I'm happy with), a few months after that I got an interim PI payment, and I'm still waiting to fully heal before accepting a final settlement. I told my solicitors (Leigh Day & Co) that the driver had been dealt with by the police and they told me "thanks, but it doesn't make any difference because they've already admitted full liability".

cookdn

+1, what Bails said.

Heal quick and don't let this spoil Christmas.

hstiles

The combination of CCTV evidence, failing to stop, lying, indepenndent witness make it an easy case for the police and there are often plenty of reasons why someone would want to make themselves scarce after an incident - illegal cabbie, drug dealer, illegal immigrant - so let the criminal case run it's course and deal with the civil recovery ASAP.

Any indication of whether he is insured? Claims companies have access to the insurance database and should be able to tell you quickly whether the driver is insured or not. That will at least tell you whether you will be dealing with an insurance company that, under the circumstances, will try and mitigate their costs by settling as quickly as possible or whether you will have to pursue an uninsured party.

In my case, I was lucky and the person that hit me was insured and admitted liability. I made a point of going online that evening and buying dedicated cycle insurance just in case I wasn't so fortunate in future.

phy2sll2

+1 to the above.

Better call Saul...

fossyant

Glad the barsteward was caught. As others have said, the criminal and civil cases run seperately. If he admits liability (civil) you should get the bike repairs paid for quick (mine was 6 weeks) but the injury side of the case can take years, and you are really going to have to watch that shoulder - it took mine 3.5 years to get sorted.

Push on with the civil case !

EightOhEight

Headhuunter wrote:

I'm amazed that the police are taking criminal action! Not that I think they shouldn't but IME the police barely ever do anything other than give the driver a slap on the wrist in car on bike accidents. The most they do is make him/her go on a course of some kind without any requirement to admit liability....

Got 'knocked off' last night at Cribbs roundabout Bristol smidsy broadside. The Police are prosecuting, they have several witness statements. Road rash and bruising only. very lucky but rear derailleur is mashed

Headhuunter

EightOhEight wrote:

Headhuunter wrote:

I'm amazed that the police are taking criminal action! Not that I think they shouldn't but IME the police barely ever do anything other than give the driver a slap on the wrist in car on bike accidents. The most they do is make him/her go on a course of some kind without any requirement to admit liability....

Got 'knocked off' last night at Cribbs roundabout Bristol smidsy broadside. The Police are prosecuting, they have several witness statements. Road rash and bruising only. very lucky but rear derailleur is mashed

good, glad the police are possibly taking motorist on cycle crashes seriously for once... Glad you're not too badly hurt...

rebs

I've had a real positive response from the police involved with this. The officer leading teh charge is also a keen cyclist and seemed geniunly horrified at teh footage.

The civil processings are slowly gathering speed now. Although Christmas s getting in the way... humbug

Thought I'd try to be cheeky and request the CCTV footage from the council myself but its as fun as slamming my head against a brick wall at present.

laughingcavalier

Look after yourself - all best wishes for safe recovery.
Will be interested to hear how this turns out.

Bustacapp

I was worried for a minute that you was gonna say that the twat had got away with it!! Made up they are charging him!!

Glad you're okay. Don't worry about the bike you can always get a new one.

AirTime

Firstly rebs glad to hear you're OK and that you're not seriously injured. Good luck with your recovery.

I cycle up and down that road twice every day and know it well. I also know how bad it is when so many drivers pull into Commerical Road from the side streets at break neck speeds and stick out far enough to block the bus lane and any cyclists coming down, hence forcing you into the main part of the road suddenly. Because of this i've bought a MASSIVE 1500 lumen light that makes it look like a cop car is blasting down the bus lane so i'm making sure I can do everything I can to be seen. I've noticed a massive difference with people approaching from side roads to not stick out as far or approach the junction so quickly as they notice my light before reaching the junction (it's that bright!). May be worth thinking about yourself.

I'm also fearful sometimes as I know so many of these dodgy people driving round there have beat up old cars and probably ride without insurance. Fingers crossed the guy who hit you had insurance as it'll be difficult getting anything out of him otherwise regardless of how damming the evidence is. If he has to pay a fine it will no doubt be arranged at 50p a week or something laughable like that.

Good luck and don't let it spoil your Xmas.

nigglenoo

Don't worry about the no insurance issue too much at this stage, the Motor Insurance Bureau are supposed to pay up for uninsured drivers. Then I imagine they persue the driver to reclaim the cost themselves, but your legal representative will know more.

EDIT: info here: http://www.mib.org.uk/Customer+Services ... efault.htm

rebs

Hay All,

Thought I'd update this to let you guys know the haps. court case concluded yesterday. The guy pleaded guilty to Dangerous Driving and failure to stop.

He was sentenced with 150 hours Community Service/Unpaid work. Banned from driving for 12 month or until he passes a driving assessment of some sorts. He also has to pay £400 in court fines.

Feel a little mixed over it. Apparently was the guys first ever offense. It went on for 5 hearings and the guy brought along 3 barristers (From Manchester!) Turns out he is a night driver for some company who footed the cost of the legal team..... Really don't understand why a company would want to back bad drivers. I was told the sentence was more lenient because the guy is a "professional driver". Think that is the 1 thing that bugs me that if you are going to be a professional driver and you do have a collision.... worst thing they can do is drive off. Just seems that the punishment doesn't really reflect the fact that he drove off (in a rush looking at the footage)

The evidence was pretty clear cut and damning with a council CCTV catching the incident and the guy driving off. He was arrested 30 minutes later after being pinged by license plate reading camera.

More I think about it the more annoyed over the punishment but I'm not really shocked either.

Have made no in road in the civil case as I've been seriously ill (unrelated to the accident) Bike is still in bits also. meh will see what happens.

DrLex

Thank you for the update; I understand your frustration about leniency for a "professional driver" - if a shop worker is prosecuted for shop-lifting, they usually get a larger punishment than if they were just a customer, due to the breach of trust. Really ought to be held to at least the same standard as a normal driver, if not a higher one.
Don't let the civil case drift - use the conviction as a trigger to get things moving here. Best wishes for your full recovery.

unixnerd

Also worth mentioning that when he does get his licence back his insurance premiums will be through the roof. Hope you get fixed up with another bike soon and recover from your other ailments :-)

The Rookie

That will be a 12 month disqualification (minimum for dangerous driving) and then he will only get his licence back after an extended retest (fairly common for dangerous driving).

If his company footed his legal bill, unless he was on company business at the time of the offence that is a benefit in kind and taxable if you want to stir things up.