Crash advice

Commuting, Day rides, Audax, Incidents, etc.
phil s

Crash advice

Postby phil s » 5 Dec 2004, 10:04am

Yesterday (Saturday 4th Dec) I was the victim of a hit-and-run.
I was cycling up the Great Eastern Rd in Stratord, East London, using the on-road cyclepath at one o'clock in the afternoon and in broad daylight.
All of a sudden a car came up behind me on my right and turned across me into a street on the left, hitting me and sending me crashing to the road. I sustained cuts and bruising to my knee, elbow and hip, torn clothing (brand new £100 jacket purchased the previous day), damaged Ultegra STI shifters, badly scracthed pedals, ripped handlebar tape and gashed handlebar.
Fortunately I managed to get the car's number plate and noted that it was a small blue hatchback.
The police and ambulance came, a statement was taken and I was carted off to hospital. Fortunately, nothing was broken on my body although I feel like I've been battered with a baseball bat today.
The police turned up at hospital and told me the car was local to the area, but there was nobody at the address when they visited. They told me they'd pay an early morning visit the next day and most likely arrest the driver for failing to stop at the scene of an accident.
Anyway, I spoke to the police this morning (Sunday) and they went to the driver's house. It turned out he was about 65 years old and recovering from a stroke a couple of months ago. He is fully insured, admitted to seeing me, but denied hitting me. He was not arrested due to his age and frailty.
I have all of his details, but as I have no witnesses what is the likelihood of getting some compensation?

Tony

Re:Crash advice

Postby Tony » 6 Dec 2004, 1:09pm

If you have his insurance details, go through them and make a claim. If not, get them through the Association of British Insurers. You can take out what is called a "certificate of funding" (I think) and then see them in court if they refuse. I don't know what the CTC legal bods can do, but try them anyway. It's a civil claim, not a criminal case, so the burden of proof is "balance of probabilities". You are on the deck and have obvious and demonstrable damage, and he has admitted he was there. Go for it!

avalanche

Re:Crash advice

Postby avalanche » 6 Dec 2004, 9:56pm

Phil, I'm sorry to hear this. I have no advice to give but I feel that I need to comment on this:

"He was not arrested due to his age and frailty"

I hope the police also think him too old or too frail to continue driving?

Kevin

Re:Crash advice

Postby Kevin » 8 Dec 2004, 5:14pm

Pretty straightforward process actually

CTC member - go to the accident helpline, register the case, you get claim forms, or if damage does not include personal injury or is below a certain level you get a small claims pack off them with how to go forward.

Non member - your claim has to be assessed by a solicitor but if you have a strong case above certain thresholds you can join CTC on special terms and we then take it up.

troywinters

Re:Crash advice

Postby troywinters » 15 Dec 2004, 3:34pm

surely giving the details there should be some mark on the car, if the driver denies hitting you then the police are required to investigate, maybe they dont think spending some of the forensic budget on investigating a non fatal bicyle accident is worth it but make them. it's your right. a 'normal' officer probably wouldn't spot damage but any experienced soco will as long as it's done quickly, a few weeks of winter weather will hide 'brusing'