Accident Advice

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

Accident Advice

Post by noadankes »

Hi, was involved in an accident on a new bike the other day. The motorist pulled past me and turned left causing me to crash into them.

The bike was three days old and was a bit damaged. I was unable to cycle it home and was left approximatly nine miles from my house with no transport.

At the scene the person admitted that they 'had not seen me' and phoned me the next day to check that i was alright.

I got a quote for the damage to the bike and the work/parts etc will cost £152 to fix it. It cost me £35 to get home after the accident. The person involved in the accident said that they would pay but when i mentioned this figure they now seem to be a bit reluctant.

What rights do i have if they do not pay? Can they just not pay and thats it? Does anyone have any similar experience?
ChrisO

Re:Accident Advice

Post by ChrisO »

The London Cycling Campaign has some detailed advice on their website and they also give or can refer you to legal advice. The link about collisions is: http://www.lcc.org.uk/index.asp?PageID=391

My CTC card also has an Accident Claims phone number 0870 873 0062.

The motorist has insurance, and at the end of the day the insurance will pick up the bill if the motorist won't or can't oblige. They will end up paying more than what you are asking for by losing their no-claims bonus so it is in their interest to settle it.

I think you're being pretty kind limiting it just the repairs and transport. Have you been off work or lost earnings ?

Anyway, good luck - hope you get back on the road soon.
gar

Re:Accident Advice

Post by gar »

If he is now reluctant to pay anything more than the tacxi fare home then he is not convinced that you were anything more than stunned, and that there was nothing wrong with the bike.
It is too small a claim to go to a solicitor but the
minor threat of doing so and clocking up more costs to the perpetrator of the accident (by his own admission) has to be in the back of your mind.
He had the courtesy to call to see if you were all right but did not realise the cost of repairing a bike.
Evidently damage to the person matters to him but not damage to property;

If you have got his address send him a copy of the estimate from the bike shop requesting payment of this bill and requiring politely a reply within 7 days, payment within 28 days.

Keep copies of absolutely everything you have and povide him with copies if he needs them.

If you do not have any rsponse write to him to tell him that you are issuing a summons in the county court for the estimate and taxi fare that you have paid out.

If he asks you to be reasonable and get a second estimate.... get one... and if required at a cycle shop of his choice if required..... and so on and so forth.

You have got to haggle. He has agreed to £35.
Your starting postion is £170, including taxi fare.
Ask him what he is prepared to pay.
Try to reach agreement without going to law.

Perhaps if you have got his address and he was polite, and thoughtful, you could call on him at the door, and hammer it out in a few minutes.
Show him the damage to the machine.
and the estimate with it. Then you both know where you are

Nobody wins when lawyers are involved, and to my own bitter experience neither the lawyer!
gar

Re:Accident Advice

Post by gar »

Evidently damage to the person matters to him but not damage to property;

He must have sensed that he had done you a wrong through breaking traffic law in some way, is that right?
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