Driver knocked me off bike advice please??

Commuting, Day rides, Audax, Incidents, etc.
Jamezy
Posts: 4
Joined: 25 Jul 2017, 9:24pm

Driver knocked me off bike advice please??

Postby Jamezy » 25 Jul 2017, 9:55pm

Was wondering what I should do as I have nearly been killed by a driver and miraculously escaped with grazed knee and bruised shoulder and mentally I'm still shaken.

The driver pulled out from a parked position onto a road I was on and cut me up so I applied the brakes and steered right - only for them to try a u-turn.
This resulted me hitting the rear car door and coming off.

Actually thought I was going to die and was amazed that I managed to hobble off the road to safety and lay down holding my knee in pain. Didn't take the drivers insurance etc or ring police.
I left the scene after being helped to feet from apologetic driver who knew he was in the wrong. There was a witness who has the reg.

There was a witness on his way to work at 630am who has the Reg. No. Coincidentally a work colleague pulled up and managed to help me get my bike in the back of his car.

I'm aching all over but just happy I survived as my partner as just had a baby. The thought of that alone is tormenting me and has left me stunned since the incident.

So to clarify :-
I have a reg but didn't call the police.
I have a witness.
I visited the doctors today who recorded my injuries.

Can I pursue this further ? Any advice would be greatly received.

One very shaken cyclist.
Last edited by Graham on 25 Jul 2017, 10:06pm, edited 1 time in total.

User avatar
Graham
Moderator
Posts: 6489
Joined: 14 Dec 2006, 8:48pm

Re: Driver knocked me off bike advice please??

Postby Graham » 25 Jul 2017, 10:11pm

This other incident may already have relevant advice.
viewtopic.php?f=7&t=116143

This topic, in our "To Good to Lose" section may also be relevant
viewtopic.php?f=7&t=69901

Vorpal
Moderator
Posts: 18756
Joined: 19 Jan 2009, 3:34pm
Location: Not there ;)

Re: Driver knocked me off bike advice please??

Postby Vorpal » 25 Jul 2017, 10:17pm

Sorry to hear about your crash. I hope that you recover quickly. You have a right to be returned, as much as possible to the position you were in before the crash, so the driver or his insurance should pay for any damage to the bike and that sort of thing.

Document every detail that you recall while you remember it. Second, (get the reg number if you don't have it and) call police to report the accident. Third, get yourself checked over at the GP or A&E (this is partly for the sake the of documentation). Fourth, get the bike checked.

When you have a few minutes, there is further reading on these threads:
How to complain about bad driving
How to instruct a lawyer which also has information about other steps to take if you've been in a crash, and some good advice about pursuing a claim.

p.s. Graham beat me to it.
“In some ways, it is easier to be a dissident, for then one is without responsibility.”
― Nelson Mandela, Long Walk to Freedom

eileithyia
Posts: 8131
Joined: 31 Jan 2007, 6:46pm
Location: Horwich Which is Lancs :-)

Re: Driver knocked me off bike advice please??

Postby eileithyia » 26 Jul 2017, 9:22am

Vorpal wrote:Sorry to hear about your crash. I hope that you recover quickly. You have a right to be returned, as much as possible to the position you were in before the crash, so the driver or his insurance should pay for any damage to the bike and that sort of thing.

Document every detail that you recall while you remember it. Second, (get the reg number if you don't have it and) call police to report the accident. Third, get yourself checked over at the GP or A&E (this is partly for the sake the of documentation). Fourth, get the bike checked.

When you have a few minutes, there is further reading on these threads:
How to complain about bad driving
How to instruct a lawyer which also has informaiton about other steps to take if you've been in a crash, and some good advice about pursuing a claim.

p.s. Graham beat me to it.


All of this and check advise already in the above referenced topics.... also get a camera for recording evidence
But importantly record everything that happened, how it has affected you, and how you recover. etc. Plus all expenses.
I stand and rejoice everytime I see a woman ride by on a wheel the picture of free, untrammeled womanhood. HG Wells

robing
Posts: 1270
Joined: 7 Sep 2014, 9:11am

Re: Driver knocked me off bike advice please??

Postby robing » 26 Jul 2017, 9:31am

Sorry to hear about your incident.
I was lucky with only minor injuries - the worst is a deglove on my left hip about 4" across but other than that ok.
The police and ambulance were called in my instance so I have insurance details and there was a witness with dashcam footage.
I feel remarkably calm about it - I think because I was so relieved to have escaped with minor injuries (not so the bike!)
Last edited by Graham on 26 Jul 2017, 10:22am, edited 1 time in total.
Reason: correction to advice. ( This was not a hit & run. )

User avatar
meic
Posts: 19355
Joined: 1 Feb 2007, 9:37pm
Location: Caerfyrddin (Carmarthen)

Re: Driver knocked me off bike advice please??

Postby meic » 26 Jul 2017, 9:33am

Didn't take the drivers insurance etc or ring police.

Did you get their contact details, name, address or telephone number?
Yma o Hyd

thirdcrank
Posts: 30877
Joined: 9 Jan 2007, 2:44pm

Re: Driver knocked me off bike advice please??

Postby thirdcrank » 26 Jul 2017, 11:17am

Jamezy wrote: ... Can I pursue this further ? ...


I think it would be useful if you clarified what you mean by this. Useful both to you in knowing what you hope to achieve, useful to us in advising you how to achieve it or manage your expectations.

brooksby
Posts: 495
Joined: 21 Aug 2014, 9:02am
Location: Bristol

Re: Driver knocked me off bike advice please??

Postby brooksby » 26 Jul 2017, 11:25am

I'd thought that if someone was injured (as the OP clearly was) then the police have to be called?

Vorpal
Moderator
Posts: 18756
Joined: 19 Jan 2009, 3:34pm
Location: Not there ;)

Re: Driver knocked me off bike advice please??

Postby Vorpal » 26 Jul 2017, 11:59am

brooksby wrote:I'd thought that if someone was injured (as the OP clearly was) then the police have to be called?

The driver(s) involved have to:
-remain at the scene a resonable time
-provide their details (and that of the vehicle owner) to anyone with grounds to ask
-produce a certificate of insurance

If they do not provide details or certificate of insurance at the scene, they must present them at a police station or to a constable as soon as possible and within 24 hours.
“In some ways, it is easier to be a dissident, for then one is without responsibility.”
― Nelson Mandela, Long Walk to Freedom

Jamezy
Posts: 4
Joined: 25 Jul 2017, 9:24pm

Re: Driver knocked me off bike advice please??

Postby Jamezy » 26 Jul 2017, 4:24pm

Thank you everyone for the response.

To clarify my bike wheel is buckled back and rear derailleur is bent : the gear cable is frayed : the crank is making a unusual noise : there are a few scratches along the paint work : the brake cable housing is broken.

I've been to the Doctor. My knee is swollen and and my shoulder bruised.

I would like the driver, who failed to look whilst performing a crazy manoeuvre in the middle of a busy road, to be held responsible for his terrible driving.
If he isn't, he could kill someone next time.

Thank you again, this has really shed some light on a subject - I didn't know what to do or where to turn.

karlt
Posts: 2244
Joined: 15 Jul 2011, 2:07pm

Re: Driver knocked me off bike advice please??

Postby karlt » 27 Jul 2017, 2:55pm

When did this incident occur?

eileithyia
Posts: 8131
Joined: 31 Jan 2007, 6:46pm
Location: Horwich Which is Lancs :-)

Re: Driver knocked me off bike advice please??

Postby eileithyia » 27 Jul 2017, 11:27pm

If the rear wheel and derailleur are badly bent I would suggest the rear triangle at minimum, needs to be carefully scrutinised for any damage, inparticular look for ruckling of paint that might indicate further unseen damage and definitely get it checked by a bike shop.
I stand and rejoice everytime I see a woman ride by on a wheel the picture of free, untrammeled womanhood. HG Wells

thirdcrank
Posts: 30877
Joined: 9 Jan 2007, 2:44pm

Re: Driver knocked me off bike advice please??

Postby thirdcrank » 28 Jul 2017, 2:22pm

Jamezy wrote: ... I would like the driver, who failed to look whilst performing a crazy manoeuvre in the middle of a busy road, to be held responsible for his terrible driving. ...


If you mean by this that you want the driver to be punished or perhaps offered a safety awareness course, then the only option is to report this to the police. Bearing in mind that this crash isn't in the "killed or seriously injured" category (KSI) it may not be treated as a priority.

It's important that the witness has recorded the reg details correctly for there to be any realistic possibility of a useful investigation.

If you mean that the driver or their insurer should compensate you for your injuries and damage to your bike, then you need to take action yourself as the police will not deal with this aspect. Correct reg details are again important. The eventual extent of your personal injuries affects how you can do this at minimum cost as I understand the rules have been changed to make "no win, no fee" actions less widely available. The other option is to take action yourself against the driver which may involve using small claims procedure in the civil courts if they or their insurer do not stump up.
=============================
PS Info here about recent changes to system for comp claims.

http://thecyclingsolicitor.blogspot.co.uk/

Jamezy
Posts: 4
Joined: 25 Jul 2017, 9:24pm

Re: Driver knocked me off bike advice please??

Postby Jamezy » 28 Jul 2017, 8:31pm

The incident happened a week ago and I shall take my bike to the cycle shop to get it checked over and I've also reported the incident to the police as the driver had not.

My shoulder and back is still sore and my knee is very sore and tender. Thank you for all the advice and I'm really appreciative. I've not felt great all week after the incident and everyone who has given me there time have really helped me.

Thankyou.

ibates16
Posts: 3
Joined: 28 Jul 2017, 9:32pm

Re: Driver knocked me off bike advice please??

Postby ibates16 » 28 Jul 2017, 9:56pm

Hi

I am currently going through something similar as I was knocked off while cycling round a roundabout in my case the driver failed to stop. Fortunately for me I did have a head-cam so was able to get the car index.

For me that is where my problems began as Hampshire Police have been useless. From me chasing every other day for 3 weeks to be told it was under investigation then making a complaint I found out my case had been given to an officer who was on sick leave.

After the complaint had been made it took a day for them to get the driver in for an interview the police officer who did the interview was now back from sick leave but the following day after the same officer I later fond out went back off this time on long term sick so took another 3 weeks and yet another complaint to get my statement and also found the reasons for the driver failing to stop. I did however now get the drivers details and insurance company to make a claim.

So I was told they then would make a decision on what cause of action was going to be taken again that was 3 weeks ago and I have not heard anything.

After contacting the insurance company they have admitted liability and have offered me 1K plus bike repairs without requiring any proof. I have since contacted SandG and had a chat they will be willing to take my case on should I wish to go the legal route as with this I will have to give up 25% of any compensation.

good luck