Personal details exchange after bike against bike accident

[Ansgar]

Dear all, I had a bicycle accident where another cyclist crushed into when turning from a road between curbs into a bicycle lane into the wrong direction. I got injured and my bike and glasses are damaged. I wasn´t able to gain the personal details from the other person. I wanted to claim my losses from the perpetrator but the police is not giving out his details. If it would have been a car accident that wouldn´t be a problem but with cyclist against cyclist it appeared not allowed. Anyone has some experience or advice for me? Thank you and Happy Easter!

[Jdsk]

Welcome to the forum.

What country was this in?

Roughly what scale of damages are you seeking?

Jonathan

[nez]

If owing to the presence of a motor vehicle on the road an accident occurs...

In England, no motor, no reportable accident. Weird law but the cops are right.

[thirdcrank]

Weird law but the cops are right.

It ain't necessarily so. But there's been no response yet to jdsk's request for more detail.

[nez]

Do you know, as I wrote it I wondered if an ebike was a motor for that law. Since I learned it 40 years before the modern version of ebikes appeared and stopped relying on it a few years later I have absolutely no idea

[irc]

Being pedantic, section 170 RTA 1988 was amended in 1991 to refer to a mechanically propelled vehicle rather than a motor vehicle. So crashes involving powered scooters or golf buggies etc would now be reportable.

https://www.legislation.gov.uk/ukpga/19 ... ection/170

I suspect, though just guessing, that legal E-bikes would still be classed as cycles but illegal ones with excess power would be classed as mechanically propelled vehicles.

[nez]

Being pedantic, section 170 RTA 1988 was amended in 1991 to refer to a mechanically propelled vehicle rather than a motor vehicle. So crashes involving powered scooters or golf buggies etc would now be reportable.

https://www.legislation.gov.uk/ukpga/19 ... ection/170

I suspect, though just guessing, that legal E-bikes would still be classed as cycles but illegal ones with excess power would be classed as mechanically propelled vehicles.

Thanks for the update. It’s not pedantic at all. My rta memory is correct but frozen in the 1970s along with a lot of jumbled up stuff. I should know better than to rely on it for anything. Your speculation on the ebike sounds right. It’s at least one reason not to muck about with them and leave as standard - the law still sees you as a cyclist. Thanks

[thirdcrank]

... I wanted to claim my losses from the perpetrator but the police is not giving out his details. ...

This implies to me that the police have the other party's details to give out. As both those involved were cycling, s 170 RTA 1988 imposes no duties on them to stop etc. However, if the police deal with an injury traffic accident, then it should still be recorded even if they don't investigate it. If the police have the info and if somebody intends taking proceedings, then they will supply it if formally requested. In reality, it's likely that this crash has not been recorded.

Incidentally, there is a duty on cyclists to give their details in these circumstances if requested.

https://www.legislation.gov.uk/ukpga/19 ... ection/168

I'm always cautious over first-time posts like this.

[Jdsk]

But there's been no response yet to jdsk's request for more detail.

I'm always cautious over first-time posts like this.

It took me a bit of time, but I've got it now!

Jonathan

[peetee]

If it would have been a car accident that wouldn´t be a problem but with cyclist against cyclist it appeared not allowed.

I suspect this may be because the cyclist may be a minor or subject to additional privacy or protection under the law. You can, after all, ride a cycle in the public highway at a much younger age that you can drive a car. Possibly not pertinent in your incident but the legal framework may still apply.

[Xbigman]

For insurance purposes an Ebike is classed as a vehicle with mechanical assistance not as a vehicle with mechanical propulsion. So an Ebike is just a bicycle under the law.


Darren

[Ansgar]

Welcome to the forum.

What country was this in?
Roughly what scale of damages are you seeking?

Jonathan

Thank you:)
It happened in London. There was another post about those new cycle lanes in Arsenal. That´s where it happened.
I need a new wheel, my glasses are broken and I was off sick for two weeks.

[Ansgar]

... I wanted to claim my losses from the perpetrator but the police is not giving out his details. ...

This implies to me that the police have the other party's details to give out. As both those involved were cycling, s 170 RTA 1988 imposes no duties on them to stop etc. However, if the police deal with an injury traffic accident, then it should still be recorded even if they don't investigate it. If the police have the info and if somebody intends taking proceedings, then they will supply it if formally requested. In reality, it's likely that this crash has not been recorded.

Incidentally, there is a duty on cyclists to give their details in these circumstances if requested.

https://www.legislation.gov.uk/ukpga/19 ... ection/168

I'm always cautious over first-time posts like this.

Thanks for all those answers!

It has been recorded and I had to give a written statement. I assume that the other party also needed to do that.
I guess that a solicitor could potentially correspond without disclosing personal details?!

[thirdcrank]

I'd suggest that proper legal advice is invaluable, especially if you have a personal injury claim. Many solicitors will give you a free assessment of your chances of making a successful claim. A solicitor should also know the procedure for getting info from the police.

I don't claim to be up-to-date but a big problem is that the rules have been changed to make the various types of conditional fee arrangement unsuitable / unavailable for many smaller claims.

If there's any possibility of a claim, preserve all the evidence including your receipts for everything. If you do have an interview with a solicitor, make sure you have all the details readily available so you get maximum benefit.

[Ansgar]

I'd suggest that proper legal advice is invaluable, especially if you have a personal injury claim. Many solicitors will give you a free assessment of your chances of making a successful claim. A solicitor should also know the procedure for getting info from the police.

I don't claim to be up-to-date but a big problem is that the rules have been changed to make the various types of conditional fee arrangement unsuitable / unavailable for many smaller claims.

If there's any possibility of a claim, preserve all the evidence including your receipts for everything. If you do have an interview with a solicitor, make sure you have all the details readily available so you get maximum benefit.

Thanks a lot. I will do that. Will see what happens. At least my injuries won´t cause long term problems.