Knocked off 8-( Advice needed

PaulHass

Hi all i was knocked off my bike on monday evening by a motorist who pulled into the side of a main road to pick up someone and just took me out basically did not see me etc

I have a independant witness who seen everything and says there was nothing i could do she basically turned into me

all the usual bumps and bruises etc and the right hande side of by bike has suffered damage rear derailure / pedal /brake lever /seat and bike frame

along with my helmet and new fizik f1 shoes

she wont reply to any phonecalls messages and i have just been to the police to report the incident and they will not investigate it as i did not report it within 24 hours i did try to report it straight after the incident but the police station was closed only open 9-5

they have logged the incident though

My bike is a Ridley Damocles Full Carbon with Full Campy Record so i am well out of pocket what do you reccomend my next move should be ????

markhewitt1978

Do you have British Cycling / CTC membership, any sort of legal cover?

Did you get the drivers details, insurance company etc?

PaulHass

not a member no

But i do have the drivers details and the witness details

chris_bass

did you get a registration number? if they arent answering your calls they may have given a false name/address

PaulHass

No the phone number is correct as i spoke to her the day after about paying for the damage etc but now she has decided to go to ground

I have the reg number etc

markhewitt1978

PaulHass wrote:

No the phone number is correct as i spoke to her the day after about paying for the damage etc but now she has decided to go to ground

I have the reg number etc

Phone her insurance company. Say you are making a claim against her policy for damage to your bike / person. Take it from there

StillGoing

PaulHass wrote:

Hi all i was knocked off my bike on monday evening by a motorist who pulled into the side of a main road to pick up someone and just took me out basically did not see me etc

I have a independant witness who seen everything and says there was nothing i could do she basically turned into me

all the usual bumps and bruises etc and the right hande side of by bike has suffered damage rear derailure / pedal /brake lever /seat and bike frame

along with my helmet and new fizik f1 shoes

she wont reply to any phonecalls messages and i have just been to the police to report the incident and they will not investigate it as i did not report it within 24 hours i did try to report it straight after the incident but the police station was closed only open 9-5

they have logged the incident though

My bike is a Ridley Damocles Full Carbon with Full Campy Record so i am well out of pocket what do you reccomend my next move should be ????

She has an obligation to report it to the police as soon as practicable and within 24 hours. As it is an injury RTC she must provide you with her insurance details. By failing to report it and by not furnishing the details she commits two offences. Go back to the police and tell them it is an allegation of due care and that there is no obligation on you to have reported it within 24 hours as you were not in charge of a motor vehicle. Tell them she has not provided her insurance details for you to pursue the matter privately.

diamonddog

"philthy3 wrote:

She has an obligation to report it to the police as soon as practicable and within 24 hours. As it is an injury RTC she must provide you with her insurance details. By failing to report it and by not furnishing the details she commits two offences. Go back to the police and tell them it is an allegation of due care and that there is no obligation on you to have reported it within 24 hours as you were not in charge of a motor vehicle. Tell them she has not provided her insurance details for you to pursue the matter privately.

+1 for this

PaulHass

Nope i contacted them and they have reiterated that because it falls outside the 24hours they will not persue it any further
they admit she should have reported it and they also have said my solicitors can find out if she has insurance by their name and vehicle reg number which they provided

and as far as it stands now they will not act upon it !

Mikey23

This sounds like row locks to me... I would make a formal complaint... Usually get things moving

PaulHass

thoroughly Hacked of with this countries legal system now !

I have slater & gordon formally russell jones & walker on it now does anyone have any history with them ?

the_cyclist_of_catan

It's not the country's legal system you have a problem with, but the muppets at your local Police Station. Irrespective of sorting out the claim versus the driver, I'd be looking to make a formal complaint and escalate it safari as possible, because they've made it harder for you to achieve justice and easier for other motorists to get away with knocking us off our bikes.

StillGoing

You need to write directly to the Chief Constable making a complaint against the force. She has committed offences against Road Traffic Law and needs to be prosecuted. You have also made an allegation that the standard of her driving was the cause of the collision. They now have a duty to investigate. Personally I'd be taking the piss out of whoever you spoke to by telling them you witnessed a murder but as it was over 24 hours ago you won't waste their time reporting it. W4nkers.

Russell Jones and Walker used to be the solicitors contracted by the Police Federation to act for officers subject to criminal complaints. I used them for a malicious complaint around 14 years ago that went to Crown Court. They did their job well getting the correct verdict for me.

Bozman

Just go to a solicitor they'll sort it, well they have done for me in the past.

diy

The Insurance company will get pretty annoyed if they felt they could have resolved the claim more quickly and cheaply.

Have a quick read of
sec 170(2) Road Traffic Act.
http://www.legislation.gov.uk/ukpga/198 ... f-accident

Plods behaviour is odd - did they check the vehicle has insurance? The driver may have satisfied this obligation.

Mikey23

For future reference, I was able to get to my local plod shop almost straight away but would have done a 101 if closed, then a visit to out patients to get a check up for unforeseen damage and finally visit to LBS for written estimate of bike damage. Took nearly all day and was in shock so mind not thinking all that clearly but pleased I did, and all necessary if you are going to get a satisfactory outcome. Good luck with it all

k3vinjam3s

I would still contact the other parties insurance yourself and give them all the details and tell them you are going ahead with your solicitor and making a claim. Sometimes they give you a good offer direct to save on the costs that your solicitor will charge them. Takes alot less time when all you probably want at this point is your Beloved bike back on the road with you not out of pocket for doing so.

k3vinjam3s

Oh and the police are useless, I got knocked of a year ago in similar fashion to you, difference was when I realised the guy wasn't gonna wait to give me insurance details, I took a photo of the front and the car and because I didn't get out of his way he tried to run me over. I done everything by the book, reported it within a few hours, spent a further few hours taking statements and they wouldn't take it any further. Said it was his word vs mine. What really rattled me was that he was claiming I was aggressive and he and his wife feared for their safety that much that they locked the car doors and stayed in the vehicle, even though the photo I took showed his wife getting back in the car with the wing mirror that got knocked off! Police still wouldn't pursue it even though this showed his statement to be false.

riche0

Can you take it to a small claims court and effectively sue her? Any one know if that's possible?

ManOfKent

riche0 wrote:

Can you take it to a small claims court and effectively sue her? Any one know if that's possible?

If you have the driver's name and address that's a possibility. Whether it's the best option in this situation, I couldn't say.

Mikey23

I think plod will act if they think they have a reasonable chance of a result. What is usually the issue is the lack of an independent witness. Otherwise it's just going to end up in a slanging match and will be a waste of everyone's time And I'm sure they've got better things to do with their time. I had to do it myself when I was a benefit fraud investigator. You have to use your time and your resources effectively. I think the op says he has a witness so I would have thought qiuite a simple one ...

MickTheMove

Know loads of big practice solicitors if slater and Gordon don't hit the mark, they are an Aussie outfit that has brought many firms in the north west recently and should be keen to impress.

diy

One thing you should not do is instruct a solicitor (particularly if on a credit/fee arrangement) and then fight the case yourself. You may find your solicitor chases you for their fees instead of the other side. Its common on no-win/no-fee arrangements to give them the power to agree the settlement and if you undermine this they will be out of pocket.

PhildB

Mikey23 wrote:

I think plod will act if they think they have a reasonable chance of a result. What is usually the issue is the lack of an independent witness. Otherwise it's just going to end up in a slanging match and will be a waste of everyone's time And I'm sure they've got better things to do with their time.

They have got a reasonable chance of result. There is evidence of the incident in terms of bruising, damage etc, - and there is also an independent witness.

Mikey23

I agree with you... You cut off the last sentence and changed the meaning of what I posted!

PhildB

They've got better things to do with their time? What facebook and suchlike?

PaulHass

I have made a official complaint to gmp regards the incident etc so i will see what if anything that brings

In the meantime my solicitor is dealing with my claim etc

Mikey23

@Phildb...For goodness sake read my post in full not the truncated version which is the exact opposite of what I was actually saying...(puts on annoyed face)

Frank Wilson

For future reference, obviously too late for this chap as he has already instructed a solicitor, but for many legal issues have a look at your home insurance policy and see if you have paid for "Personal Legal Protection"

I was about to fight a consumer issue myself when I thought "Let me check out exactly what that covers" and lo and behold it covers my issue so they have now instructed a solicitor under my policy.

I appreciate different policys may cover different things but worth looking at.

cougie

Good luck with it.

I'd have gone straight to a cycle accident specialist solicitor - Friends of mine have had good results using www.bikeline.co.uk and its owned by a cyclist too.

dilemna

PaulHass wrote:

Nope i contacted them and they have reiterated that because it falls outside the 24hours they will not persue it any further
they admit she should have reported it and they also have said my solicitors can find out if she has insurance by their name and vehicle reg number which they provided

and as far as it stands now they will not act upon it !

The pigs really are useless aren't they. There is NO requirement for cyclists to report within 24hours although drivers are required to do so especially where another party is injured. I would make a complaint as the police you have spoken to are complete ar5e5. They have a statutory duty to investigate where offences have been committed. They are failing to do this. Their shocking indolence is matched only by their capacity to abuse their powers when it suits them. Disgraceful.