looking for advice

Commuting, Day rides, Audax, Incidents, etc.
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fidothh

looking for advice

Post by fidothh »

hi, this is my first post on this forum, to be honest it's my first look at this forum, but i need some advice and i thought to check the ctc website and found the forum, so here goes

tuesday on my commute to uni (manchester) i was knocked off my bike by a taxi (private hire vehicle)

i did all the right things.. which i'm quite proud of because i was in serious pain and quite a bit of shock.

when asked if i was alright i said i din't know and i managed to ask the guy for his reg, contact number and insurance details.

Another lady cyclist stopped to help me out and she assured me as i was bundled into the ambulance that the details would go into my panniers (also bundled into the ambulance)

anywho... looking through my kit for damage and the details, it seems i have lost them... i don't have the driver's reg plate or contact details and my bike's a bit busted and my waterproof is wrecked. (i'm mainly okay, but a lot sore)

the police were at the scene and took a statement from me and the driver in question.

i know what colour the taxi was and can remember the first half of the reg plate. does anyone know if i can get the guy's details somehow (either off the police or by tracking down the taxi from the few details i have)

(i haven't heard from the police since i left the scene)

i have to get the bike fixed because i can't afford to pay for the commute by tram, but i'm not sure i can afford the repairs to my bike without this guy's insurance paying up (there's aslo the fact that a waterproof with holes in is like a bucket with holes in... nigh useless)

can anyone help me?
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ferrit worrier
Posts: 5503
Joined: 27 Jun 2008, 7:58pm
Location: south Manchester

Post by ferrit worrier »

First step I would say is to contact the police. Assuming you were in Manchester you want the GMP 0161 872 5050 explain the circumstances and they should be able to track the accident down off the incident log. Owing to the fact you were injured it is a reportable accident.

hope that helps

Good luck

Malc
Percussive maintainance, if it don't fit, hit it with the hammer.
Manx Cat
Posts: 1440
Joined: 6 Feb 2008, 9:37am

Post by Manx Cat »

WOW man, what a day you had!

Sorry Im not much use in regard to your original post, but I do hope you are on the mend, and I shall forward you a warm welcome to the forum. Wish for your sake it was over a much nicer subject.

Ferrit Worrier has given you some excellent advice. Get better soon and let us know the outcome of your accident.

Mary
thirdcrank
Posts: 36780
Joined: 9 Jan 2007, 2:44pm

Post by thirdcrank »

You need to understand there are two aspects to somethig like this:

1/ Criminal Law. This relates to offences like careless driving. The investigation here is the duty of the police. In theory at least, they deal with the first part of prosecutions, which lead to offenders being punished. (Fine, licence endorsed etc.)

2/ Civil Law. This relates to compensation for loss. This is down to the individual concerned who is best getting the help of a suitable personal injury solicitor. The damage to your bike and stuff would be part of the claim. In a personal injury case such as this the solicitor would normally work on a 'no-win, no-fee' basis. This means they only take on a case with a decent chance (over 50%) of success. They get their £££ from the other side. The solicitor will be able to get a copy of the police report and will use it as the basis of any claim.

Obviously an important element of a successful claim would be identifying the driver of the other vehicle so there would be somebody to claim from.

If you are a member of the CTC you can use the CTC Legal Service which is provided by the solicitors Russel Jones and Walker. The same company provide services to the general public (including specialist advice for cyclists) under the name Claimsdirect. They are in Yellow Pages and also have a website.

Otherwise, the cycling press has plenty of ads from solicitors offering this service.

You can do all this yourself but you really are immeasurably better off with a solicitor. Make sure you have as much info as poss available for your first interview when they will tell you if it is worth pursuing or if it is a waste of time.
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DaveP
Posts: 3333
Joined: 9 Mar 2007, 4:20pm
Location: W Mids

Post by DaveP »

thirdcrank wrote:Obviously an important element of a successful claim would be identifying the driver of the other vehicle so there would be somebody to claim from.


He did say that the Police attended and took a statement from the driver, so the information he needs has been recorded...
I would have thought that the Police would give him the details, but he might need to go in and ask for them.
dmiller
Posts: 145
Joined: 11 Sep 2007, 1:38pm
Location: Glasgow, Scotland.

Post by dmiller »

Hey,

After being knocked off my bike back in January a few pointers...

1. Call the CTC legal team (Russel Jones + Walker) as soon as you can.
2. Get in touch with the police. Be polite but very firm with them. They might not give you the driver details but as long as you get the road accident report number the lawyers can sort the rest out.
3. Any money you spend get reciepts. Keep tickets.
4. You might as well pay for the repairs now / get a new jacket and get a reciept. I was knocked off in January and I am no nearer getting any money for the damage to my bike. (Rear wheel pancaked, frame bent, etc, etc - driver went through the back of me when I was stationary waiting to turn. He hit me at about 30. It was *very* sore).
5. Keep a diary of everything.

Can I just stress that the delays for me are being caused by the complete incompetence of strathclyde police and not russel jones + walker. The police really messed up the accident report in my case. (everything from spelling david wrong to having the accident location, weather conditions, road conditions, my injurys etc wrong).

Oh - and dont get angry with drivers in general. When I got back on the bike I used anger to cover my fear and its not helping my inner calm!

David.
JQ666
Posts: 621
Joined: 15 Jan 2008, 4:05pm

Post by JQ666 »

I think the best bit of advice from those contributors in the know is to speak to a solicitor experienced in handling cycling claims, before you do anything else. Be guided by the initial conversation you have with the solicitor.

Other than that - I hope your injuries are not too bad and I hope you recover soon.
fidothh

Post by fidothh »

i've called GMP and the dude said that the officer in charge of the case should be able to give me the driver's details. If when i contact the driver he happily pays for the reairs i'll leave it there

otherwise i think that i'll take the advice and speak to a solicitor to get my bike's repairs payed for.

i'm not a member of the ctc unfortunately, never got round to joining, meant to though.

health wise i'm sore but getting better just sore ribs and a sore elbow now, should be able to get back on my bike as soon as it's fixed.

i'll try and keep you all up to date with how it goes getting the money for my bike and my jacket

thanks for the advice

Katy
fidothh

Post by fidothh »

i found out what the damage to my bike was today

everything but the headset on the front needs replacing. bent forks, bent bars, buckled wheel, ruined tyre

i was surprised because it was a side collision

but it's started being fixed now so i feel better somehow
thirdcrank
Posts: 36780
Joined: 9 Jan 2007, 2:44pm

Post by thirdcrank »

fidothh

The way you deal with this is, of course, entirely up to you. You hear a lot these days about so-called 'compensation culture' and all the rest of it but it's worth bearing in mind a couple of points.

The driver involved in this may cough up to pay for your bike, but even people who say they will do so tend to start coughing and spluttering, rather than coughing up, when the bill arrives. You should understand that this could easily end up with the driver's insurance company. These organisations are not run as charities. Although they will usually pay up in the end to save the expense of court proceedings, they will use every possible tactic to delay and reduce any payout. The likelihood of that occuring if you use a solicitor is greatly diminished because solicitors know the score AND their costs increase rapidly with time and effort - charges which an insurance company will not want to pay.

You were removed from the scene by ambulance so it does not sound as though we are just talking about being shaken up. Just letting things go is the recipe for regret later. If you find that your injuries are more severe than you thought, or later when you hear others talking about their cases, and you begin to regret leaving it, evidence will have been lost, facts will have been forgotten etc.

I really would urge you to get some proper legal advice - you can only take good decisions if all the possible options are clear to you. You could still decide to leave things as they are but it would be a reasoned decision, not one you might regret later.
eileithyia
Posts: 8399
Joined: 31 Jan 2007, 6:46pm
Location: Horwich Which is Lancs :-)

Post by eileithyia »

Just as an addition to this.

In order to get the police report, driver details and witness details my legal team had to cough up admin charges in order to get the paperwork.

The police originally recorded that the accident was my fault despite witnesses saying the opposite at the scene. We have since been able to contact the witnesses and obtain independant reports that agree with my recollection of events.

The taxi driver may cough up as opposed to it going thru his insurance. An accident such as this would compromise his ability to work again if insurance becomes involved.

I would seriously consider going to a solicitor, there are plenty who advertise in the back of a variety of cycling mags who deal specifically with cycling accidents and also work with the BC and CTC etc. Russell Jones is the company who cover north west incidents for CTC and who are handling my claim.

I would also seriously reconsider the damage to your bike. Are you sure it is only some bits of the frame that are damaged? I had an accident some years ago involving replacement of the forks, (no other vehicle involved just an object jammed in the front wheel) a couple of years down the line I found the head tube was damaged, possibly from that other accident. There could be other damage to tubing that will only show in later years, without stress testing all the tubes can you be sure?????

Good luck and glad you were not seriously hurt.
I stand and rejoice everytime I see a woman ride by on a wheel the picture of free, untrammeled womanhood. HG Wells
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