Been flattened but driver denies anything - what should I do

Commuting, Day rides, Audax, Incidents, etc.
stoobs
Posts: 1307
Joined: 27 Nov 2007, 4:45am

Post by stoobs »

Got it!

Rules 200-203 of the Highway Code

Reversing200
Choose an appropriate place to manoeuvre. If you need to turn your vehicle around, wait until you find a safe place. Try not to reverse or turn round in a busy road; find a quiet side road or drive round a block of side streets.

201
Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can.

202
Look carefully before you start reversing. You should

use all your mirrors
check the ‘blind spot’ behind you (the part of the road you cannot see easily in the mirrors)
check there are no pedestrians (particularly children), cyclists, other road users or obstructions in the road behind you

The Highway Code 200-203: Reversing200
Choose an appropriate place to manoeuvre. If you need to turn your vehicle around, wait until you find a safe place. Try not to reverse or turn round in a busy road; find a quiet side road or drive round a block of side streets.

201
Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can.

202
Look carefully before you start reversing. You should

use all your mirrors
check the ‘blind spot’ behind you (the part of the road you cannot see easily in the mirrors)
check there are no pedestrians (particularly children), cyclists, other road users or obstructions in the road behind you

Reverse slowly while

checking all around
looking mainly through the rear window
being aware that the front of your vehicle will swing out as you turn
Get someone to guide you if you cannot see clearly.

203
You MUST NOT reverse your vehicle further than necessary.


There are plenty of other rules about vulnerable road users and emerging into traffic/roads.
thirdcrank
Posts: 36740
Joined: 9 Jan 2007, 2:44pm

Post by thirdcrank »

psvrichard

I think you must try to accept that the law grinds slowly. You have been getting legal advice from RJW and as I said in an earlier post, they are solicitors with a proper brass plate on the door. When they are advising you, they are apprised of all the facts as well as being experts in this field of law. I know you are looking for reassurance but I have to say that some posters on here are merely saying what they feel the law should be. It's no better than kids in the playground coming out with stuff like 'Finders keepers, losers weepers." It rhymes but it is not a statement of the law of England. Contributory negligence is a fact of life and is decided / negotiated according to precedents.

The big thing going for you, as Ben Jovejoy has pointed out, is that the other party has already shown himself to be dishonest. In spite of your fears about police inaction, he has been prosecuted for the insurance matter. That brings you to the bad news: because he is uninsured you are dealing with the MIB where only personal injury is covered.

................................................

As an aside, my comments about the 'rider down in Norwich' thread - where I said it was impossible for a case to be weighed off at Crown Court with a three year sentence + compo sorted out, all within a fortnight, should be considered in the light of psvrichards case which has now been dragging on nearly eighteen months, with no obvious sign of early settlement.
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Ben Lovejoy
Posts: 1170
Joined: 26 Oct 2007, 9:47pm
Location: London/Essex
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Post by Ben Lovejoy »

Indeed.

I was knocked off a motorcycle by a van driver some years ago. It was a pretty open-and-shut case, and he was prosecuted and convicted of Careless Driving. At that point, his insurers immediately accepted 100% liability, but it still took three years before the compensation was finally agreed and paid.

Ben
TRICE Q with Streamer fairing for the fun stuff
Brompton M3L for the commutery stuff
LEJOG blog: http://www.benlovejoy.com/cycle/tripreports/lejog/
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