Accident

[Unitedflyier]

Looking for some advice.

I had a minor accident in January, before I joined Cycling UK and before the change in the law. I did not have any insurance as I don't go far and its more than my car to cover. The accident happens very close to where I live. I big road sweeper was cleaning a road as there is a big building site nearby and lots of mud on the road. For whatever reason he pulled out in front of me and ran me off the road. I shouted at him and he eventually stopped. Polish and he didn't see that he had done anything wrong. Said I should have got out of his way. So I contacted the company who owed the lorry and they gave me their insurance details. Then all went quiet. They have refused to respond. Finally I told them I was going to go to the police if they didn't respond. So far they have just said they are denying any responsibility.

So anyone know of a solicitor to ask a quick question? Should I contact one of those no win no pay? The bike was damaged but repaired, I was slightly injured. What most infuriates me is the drivers attitude. He admitted he saw me all the time I was cycling on the road, but said he didn't see why he shouldn't pull out in front of me and I had plenty of room less than 1 metre. I'm just angry about that.

[Jdsk]

Welcome.

Usual advice:

Keep written contemporaneous records of everything.
Do you have good identification of the driver, the other vehicle, the site etc?
Write down the value of the damages... and what is it? Obviously includes the repair of the bike but there could be consequent costs and you were injured.
Do you already have legal advice available through a union, a club, an insurance policy or anything else?
If you're communicating with the other party or their agent get someone else to check what you're sending before it goes.
Don't delay.

Jonathan

[Jdsk]

What most infuriates me is the drivers attitude. He admitted he saw me all the time I was cycling on the road, but said he didn't see why he shouldn't pull out in front of me and I had plenty of room less than 1 metre. I'm just angry about that.

How are you going to sort that out? Financial recompense probably won't.

Would you do anything differently if it happened again? What advice would you give to others if they found themselves in the same situation?

Jonathan

[delilah]

What springs to mind is any witnesses, any written reports from you or you by the driver to his employer?
Value of your claim, repairs to bike, how much, got report of damage, receipt for repairs?
What are the extent of your injuries did you see a doctor? Any out of pocket expenses?
You will get nothing for your injured feelings so no point pursuing a claim there.
Decide on what you think the value of your claim is then decide if you want to pursue it further. Your local CAB will give you the name of a local personal injury solicitor for a No win no fee arrangement . Most offer a free first consultation but most will not take your claim on if your potential damages are small

[Unitedflyier]

The lorry insurance company have refused to communicate. The only reply I got out of them last week is to acknowledge an accident was reported by the company and they are denying any liability. Just one sentence. They and the insurance company have so far refused to supply any details statements or evidence. I do have photos of the scene, photo of mans drivers license, also a copy of the repair and pictures of my injuries. I have sent them all to the lorry company straight after the accident but they and the insurance company have refused to communicate. The road is a narrow residential road not wide enough for a lorry to pass a parked car and leave more than 1 metre maximum. Certainly not wide enough for me and 1.5 metres. I'm guessing I will have to go to a small claims court?

[Jdsk]

The lorry company haven't "refused to communicate": they have told you their insurer.

The insurers haven't "refused to communicate": they have denied liability.

You've come here for help, but not answered the questions that were asked.

...

If this is in England the small claims process might be appropriate. (There isn't a "small claims court", it's a specific process of the County Court.)
https://www.citizensadvice.org.uk/law-a ... ll-claims/

Jonathan

[philvantwo]

The small claims court do not deal with motor insurance claims.
Unless there are any witnesses then it's the posters word against the driver, it happened over 2 months ago and I can't see that he's got a valid claim.

[drossall]

For what it's worth, there wasn't really a change in the law. A new Highway Code was published but, apart from the hierarchy of care, almost everything there was in the previous editions - but not made quite so explicit. For example, senior police officers were giving similar guidance on overtaking clearances in the 70s and 80s on the radio, but it was never enforced, and the very weak previous wording in the HC, along the lines of "give a similar clearance to when you're overtaking another car", didn't help. In any case, the HC is mostly guidance - used by courts in assessing fault, but not actually law (except where it says MUST).

It can be worth checking whether your household insurance covers cycling. It's really a very low risk activity for insurers, and you may find that it's bundled with something else like that.

[yostumpy]

I wonder if the lorry driver actually thought he was right. As you probably know in France , cars emerging from a side road have right of way on to a main road, as long as the side road has no stop markings. I wonder if this is the case in Poland. No excuse for what he did though, as he is in this country now.

[thirdcrank]

I could well imagine that the driver of a road sweeper - amber beacons flashing etc .... might believe others "should have got out of his way." That doesn't make him right

[eileithyia]

You have receipts for the damage, keep copies and submit to the insurer's for compensation. In future consider a camera to record such incidents for reporting? If you get no joy look at a no win no fee compensation company, plenty advertise taking up cyclists' cases.

[Unitedflyier]

He was driving on the wrong (rightsize) of the road. We were both going in the same direction. He was also stationary until I approached. By his own admission he saw me but decided to pullout in front of me . I have emailed the insurance company again. No answer. There is a video of the whole accident. BTW. Clearly shows what happened. But he insists he was in the right.

[Jdsk]

You haven't answered the questions that are asked upthread.

You've had an answer from the insurers.

And you're delaying making the claim.

Jonathan

[thirdcrank]

AIUI, you are pretty much on your own with something like this, in the sense that I don't think there's any route to legal assistance if you have nothing available through the routes others have already suggested. If you are uninjured, then the compo is restricted to the bike and associated losses.

Citizens Advice is a good source of guidance, both online nationally and face-to-face depending on locality.

First, I'd suggest consider carefully how far you are prepared to go, and in particular, are you prepared to attend court to give evidence? I believe that's important because insurance companies may hold off settling until they realise you are not bluffing. Incidentally, they won't be fazed by threats of reporting this to the police.

So, if you are prepared to go as far as court, arm yourself with proper advice from eg Citizens Advice and get going, carefully following all the steps. Basically, you write to the other side setting out your claim and making it clear that if they don't settle, you will make a court claim, then stick to the timetable. If your evidence is as strong as you say, you sound to be on strong ground. A civil case is decided on balance of probability ie the judge has to believe one side or the other. "Your word against his" has been mentioned but AIUI, he's agreeing with you on the facts but disagreeing over things like duty of care: in plain lingo you should have got out of his way. If the insurers decide this is worth defending, they may rely on HC Rule 225, and even if they do offer to settle out-of-court, they may argue it's grounds for reducing the compo

Rule 225

Vehicles with flashing amber beacons. These warn of a slow-moving or stationary vehicle (such as a traffic officer vehicle, salt spreader, snow plough or recovery vehicle) or abnormal loads, so approach with caution.(...)).

https://www.gov.uk/guidance/the-highway ... 204-to-225

[philvantwo]

So now you're saying you've got video evidence!
You've let 2 months pass and virtually done nothing about it?