Hit from behind while commuting - advice please!

Commuting, Day rides, Audax, Incidents, etc.
Jdsk
Posts: 1242
Joined: 5 Mar 2019, 5:42pm

Re: Hit from behind while commuting - advice please!

Postby Jdsk » 14 Jul 2020, 2:47pm

Thanks.

And how is that incident identified: perhaps a vehicle registration, a date and time, a location, a name or an address? And their incident identifier?

Jonathan

Jdsk
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Joined: 5 Mar 2019, 5:42pm

Re: Hit from behind while commuting - advice please!

Postby Jdsk » 14 Jul 2020, 2:49pm

superficial wrote:Sure:
On these circumstances we would say you were the proximate cause of the incident.

That's a very unusual statement from an insurer. Which company is it, please?

Thanks

Jonathan

Jdsk
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Joined: 5 Mar 2019, 5:42pm

Re: Hit from behind while commuting - advice please!

Postby Jdsk » 14 Jul 2020, 3:22pm

If the immediate barrier to pursuing a claim is not being able to identify the driver I suggest having a look at what the Motor Insurers' Bureau can offer:
https://www.mib.org.uk/making-a-claim/claiming-against-an-untraced-driver/

Jonathan

Postboxer
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Joined: 24 Jul 2013, 5:19pm

Re: Hit from behind while commuting - advice please!

Postby Postboxer » 14 Jul 2020, 3:40pm

I'd be tempted to write back to the insurer, give them your full account. Include the fact that the driver/insured has photographs to the damage to the centre of their bumper. Also reiterate that their driver failed to exchange details and indeed failed to report it to them. Remind them that the policy holder was also in the vehicle. Maybe include something along the lines that you assume it is a condition of their policy that they report any incidents to the insurance company and that the policy holder has clearly failed to do this. I'm surprised insurance companies don't clamp down more on this, they would get to keep the money and cancel the policy.

It's a real shame that no-one came forward as a witness, as there must have been loads of people who saw exactly what happened. Maybe try googling the location etc see if anyone has uploaded dashcam footage to youtube rather than being useful and coming forward as a witness.

superficial
Posts: 14
Joined: 10 Jul 2020, 9:04pm

Re: Hit from behind while commuting - advice please!

Postby superficial » 14 Jul 2020, 4:14pm

And how is that incident identified: perhaps a vehicle registration, a date and time, a location, a name or an address? And their incident identifier?
The letter just refers to their reference number and the date of incident. No mention of the other driver's/owner's/policy holder's details. Insurer is Privilege.

I've emailed the MIB but they seem to only act in the case of uninsured drivers.

Jdsk
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Joined: 5 Mar 2019, 5:42pm

Re: Hit from behind while commuting - advice please!

Postby Jdsk » 14 Jul 2020, 4:17pm


Postboxer
Posts: 1650
Joined: 24 Jul 2013, 5:19pm

Re: Hit from behind while commuting - advice please!

Postby Postboxer » 14 Jul 2020, 4:55pm

From the point of view of the MIB, the driver is neither uninsured nor untraced. The OP has the reg and the vehicle insurer. I'm not sure what details the MIB will pass on to the public, the OP has the insurer, the driver may not be a named driver on the policy so the MIB may not hold any details of them on that vehicle.

I used to work for a solicitors recovering uninsured losses but it rarely progressed to court, I cannot remember now whether proceedings were issued against the driver, owner or insurer or some combination of them, I think it may have been owner & insurer but didn't have much to do with them when they progressed that far.

Do you have any liability insurance covering you, if the third party insurer tries to pursue you for damages to the vehicle?

RH20
Posts: 34
Joined: 25 Aug 2019, 6:37pm

Re: Hit from behind while commuting - advice please!

Postby RH20 » 15 Jul 2020, 7:58am

This seems a strange case. If there is damage to the car, and the driver is saying you cut in front of him, why is he not claiming against you for the cost of repairing the car? I may be out of date on this, but wasn’t it always the case that when one driver runs into the back of another, then that driver was always considered to be at fault. Is this still the same? Then he says that he did not see you. Does this constitute driving without due care and attention?
Have you contacted your local press complaining about the seemingly lack of police interest in your case. Some negative publicity might spur them into looking into this again. Also name the insurance company, who do not appear to be interested in this. You could also report your concerns regarding the police’s apparent lack of interest in your case to the Police and Crime Commissioner for your force.
Good luck, and hopefully you can get some positive action in your pursuit of this case.

Oldjohnw
Posts: 4666
Joined: 16 Oct 2018, 4:23am
Location: Northumberland

Re: Hit from behind while commuting - advice please!

Postby Oldjohnw » 15 Jul 2020, 8:11am

A lesson perhaps: make sure you have insurance, for legal costs and liability.
John

Jdsk
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Joined: 5 Mar 2019, 5:42pm

Re: Hit from behind while commuting - advice please!

Postby Jdsk » 15 Jul 2020, 8:57am

RH20 wrote:This seems a strange case.

It certainly does.

Jonathan

Postboxer
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Joined: 24 Jul 2013, 5:19pm

Re: Hit from behind while commuting - advice please!

Postby Postboxer » 15 Jul 2020, 9:35am

Perhaps if you got it in the local press you could also appeal for witnesses. Although I wouldn't be surprised if the driver suddenly finds an 'independent' :wink: :wink: witness.

superficial
Posts: 14
Joined: 10 Jul 2020, 9:04pm

Re: Hit from behind while commuting - advice please!

Postby superficial » 15 Jul 2020, 9:36am

Strange? Perhaps. Very frustrating to be one the receiving end of? Definitely.

why is he not claiming against you for the cost of repairing the car?

The kind answer is that the damage was not extensive and the trim may have just popped back in easily. I certainly don't think there was any major damage, but there was enough to show that an incident had clearly occurred.

The more realistic answer is that this guy has so far got away with several crimes* so he's keeping his head below the parapet (* Assault, dangerous driving, leaving the scene of an accident).

I wrote to the PCC several weeks ago - I have had a brief response but I'm still waiting on the reply from the chief constable. Once I have that, I'll go back to the PCC and reiterate my concerns which are manifold.

I haven't spoken to the press. I'm not sure I want to do that, or if they would even be interested.

superficial
Posts: 14
Joined: 10 Jul 2020, 9:04pm

Re: Hit from behind while commuting - advice please!

Postby superficial » 15 Jul 2020, 9:54am

Although I wouldn't be surprised if the driver suddenly finds an 'independent' :wink: :wink: witness.
That's a chilling thought.

Cowsham
Posts: 514
Joined: 4 Nov 2019, 1:33pm

Re: Hit from behind while commuting - advice please!

Postby Cowsham » 15 Jul 2020, 10:31am

Jdsk wrote:
RH20 wrote:This seems a strange case.

It certainly does.

Jonathan


It's only strange because the driver did a runner and this is the one your going to hear about -- the many others are sorted amicably and never talked about or if talked about, never remembered since there's nothing remarkable or strange about it.

A dash cam or bike/helmet cam would reveal much more. I'm currently sourcing one for my bike.

Cowsham
Posts: 514
Joined: 4 Nov 2019, 1:33pm

Re: Hit from behind while commuting - advice please!

Postby Cowsham » 15 Jul 2020, 11:16am

superficial wrote:
I don't get angry at drivers, but I suppose I am 'assertive'. I think that an important part of being a cyclist is asserting your right to be on the roads and not simply being a meek apologetic inconvenience that makes themselves invisible. Partly this is so drivers see cyclists as other road users and that has the knock-on effect that other less confident people can ride without (so much) fear.


I take the opposite view ( and it annoys some on here ) that no matter what laws are or will ever be in place, there will always be a plentiful supply of rrsoles on the road so I assume I'm not seen by every driver.