Accident advice required Please?

General cycling advice ( NOT technical ! )
Stewpot42
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Joined: 19 May 2012, 5:17am

Accident advice required Please?

Postby Stewpot42 » 11 Jul 2013, 8:59am

Hi,

I'd just like some quick advice if that's possible?

This morning after dropping my son off at nursery I was returning home down our street and crashed in to the side of a car which was driving down the white lines in the middle of the road.

The exit/entrance to our road is always obscured due to the way people park on the end of the road

The driver reckons it was my fault due to the speed I was cycling at - it cannot have been that fast as I did not fall off my bike and was able to stop pretty quickly - however I believe that he must be, legally, at fault as he was on the white lines down the middle of the road

Am I correct in this?

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meic
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Location: Caerfyrddin (Carmarthen)

Re: Accident advice required Please?

Postby meic » 11 Jul 2013, 9:09am

Not enough detail for anybody to be able to say.

Check this out

http://www.cyclistsdefencefund.org.uk/w ... en-a-crash
Yma o Hyd

thirdcrank
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Re: Accident advice required Please?

Postby thirdcrank » 11 Jul 2013, 9:12am

In a situation like this, it's pointless getting legal advice from a cycling forum.

If you are uninjured, your main concern should be that you will get some sort of claim from the driver. Check what third party insurance you have. It's a part of CTC membership and is often included with the buildings insurance cover for your house. eport the incident immediately to your insurer, if you have one.

If you are uninsured and a claim arrives, look for proper legal advice eg, as meic has posted. There is advice on the Court Service website on how to respond to a small claim. (I'm assuming repairs to bodywork only.)

Edwards
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Re: Accident advice required Please?

Postby Edwards » 11 Jul 2013, 9:20am

Stewpot42 wrote: I was returning home down our street and crashed in to the side of a car


I am not a solicitor so not able to give proper legal advice, but I would recommend that you do not use the phrase quoted.
It can be taken that you think you were at fault. You need to think very very carefully about the words and phrases you use.
As above you probably need proper legal advice.
Keith Edwards
I do not care about spelling and grammar

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Redvee
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Re: Accident advice required Please?

Postby Redvee » 11 Jul 2013, 9:34am

Stewpot42 wrote: I was returning home down our street and the side of a car collided with me which was driving down the white lines in the middle of the road.



Does this sound more realistic?

Stewpot42
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Joined: 19 May 2012, 5:17am

Re: Accident advice required Please?

Postby Stewpot42 » 11 Jul 2013, 9:45am

Thanks Redvee - that's much better IF he goes to his insurer - which I am sure he will have to do.

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meic
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Re: Accident advice required Please?

Postby meic » 11 Jul 2013, 9:55am

I know it is a bit late for the OP and in nine years of cycling, I have not had to call on it, but for the sake of all those who, like me, havent had their accident yet.

CTC membership includes third party insurance, so when things like this happen you can just relax and say "my insurers' will deal with it.".
Yma o Hyd

Stewpot42
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Joined: 19 May 2012, 5:17am

Re: Accident advice required Please?

Postby Stewpot42 » 11 Jul 2013, 9:56am

Yeah - wish i'd joined last year before I did the trans pennine, theres allways been good advice on here.

karlt
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Re: Accident advice required Please?

Postby karlt » 11 Jul 2013, 10:26am

Your house contents insurance will very likely also cover you for any liabilities. Best contact them with a full description of the accident (i.e. a sketch, who was where, what direction they were going) and leave it to them.

JohnW
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Location: Yorkshire

Re: Accident advice required Please?

Postby JohnW » 11 Jul 2013, 10:52am

Edwards make a good point about how we express the facts.

Let us know how this pans out, won't you.

The CTC has it's legal department - I'd contact them for advice on how to proceed. I'd also get in touch with that part of the club that deals with the third party insurance in case the driver comes up with a pack of lies.

Part of his vehicle was on the wrong side of the road - he was driving on the wrong side of the road - is that not an offence in itself? Has he any witnesses? - is it just your word against his?, unless he produces some up from nowhere?

Why didn't you punch him to the ground and kick him to death?

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gaz
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Re: Accident advice required Please?

Postby gaz » 11 Jul 2013, 11:36am

JohnW wrote:Why didn't you punch him to the ground and kick him to death?
:shock:

Because we're better than that, at least I thought we were :( .
There'll be tarmac over, the white cliffs of Dover ...

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tank
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Re: Accident advice required Please?

Postby tank » 11 Jul 2013, 12:48pm

Just after the accident did you take photos (most modern phones now have a camera on them)? Were there any witnesses to the collison?

These are important things when you are involved in a collison otherwise it is your word against his. A photo of their car over or on the white line would help your cause no end.

I am not a lawyer either and having been involved in a collison I know how things can go out of your head at the time but evidence is important.
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hexhome
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Re: Accident advice required Please?

Postby hexhome » 11 Jul 2013, 1:01pm

Driving on either side of the road is allowable provided that a solid white line is not crossed to achieve this. However, when crossing into the opposite carriageway, it is the drivers responsibility to ensure that this can be achieved safely. Often whilst passing parked cars, a vehicle may be trapped on the 'wrong' side of the road by oncoming traffic. It may not then proceed regardless! In this instance, safe passage must be 'negotiated' with oncoming vehicles.

thirdcrank
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Re: Accident advice required Please?

Postby thirdcrank » 11 Jul 2013, 2:25pm

Stewpot42

Thereare several things which may now happen

1 Nothing
2 The other party May try to deal with this without reference to his insurer. If he sends you anything in writing - and here I'm assuming he has your address - you are entitled to write back telling him that you are holding him responsible and rejecting his claim. Be aware that if he starts a small claims case, ignoring the correspondence will almost inevitably result in a judgment against you. There's advice on the Courts Service website about how to respond to a claim. Bear in mind that ignoring a claim is the same as admitting it.

3 The other party's insurer may contact you. Again, don't ignore it. You are entitled to reply that you are holding their policyholder responsible etc. If they feel confident of an easy win, you will eventually receive the formal notice of a claim. Don't ignore it.

keep copies of any correspondence you send.

Bear in mind the two different types of law. The criminal law deals with offences for which people are punished. Compo for injury and or damage is dealt with by the civil law. Although they meet at many points, don't assume that the commission or otherwise of a criminal offence will inevitably decide a civil case, even though it can be a pointer.

Eg it's an offence, subject to certain exceptions to cross "double white lines." That doesn't give somebody on "their own"side of the road an unfettered right to collide full tilt with somebody crossing the lines.

All road users have a duty of care to others. If there's a compo claim it will normally be for negligence ie not properly discharging that duty of care. Nothing is black and white in the civil law, since even if a claim is successful, it can be substantially reduced for contributory negligence (being partly to blame.)

In short, it can be a minefield for the layman. If you do receive a genuine claim, then get proper advice. If you have no buildings insurance, check other possible sources of help like trade union membership. If you have no automatic entitlement, try Citizens Advice.

Adam S
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Re: Accident advice required Please?

Postby Adam S » 11 Jul 2013, 5:18pm

Can you please clarify the situation? It wasn't entirely clear from your post. Did you collide with the side of the car whilst exiting your road and joining the road it was travelling along? Or were you travelling in opposing directions down the same road and collide when you passed each other, with the car straddling the white lines?