Cycling UK Forum

Yesterday a car ahead of me reversed into a side drive of a very wide road and I carried on cycling assuming he would wait in the siding before setting off as he was clearly doing a u turn. He set off and was trying to drive back the way he had come and although I drifted to the centre of the road to try and avoid him he carried on driving and I went straight over his bonnet and woke up in the ambulance.

He seems to be saying that he was turning right from the main road and I overtook him and crashed into him as he went right. This is quite frankly nonsense as I would have undertaken him if he was in the centre of the road making a right turn. It was him being side on to me that caused me to drift to the centre of the road.

My problem is that there are no independent witnesses despite it being in a busy area and consequently it is my word against his. The police have filed an RTA report but seem to be saying that a criminal conviction is unlikely.

My concern is that if people are willing to give the driver's story credibility and not dismiss it as illogical what chance do I have of getting compensation for the write off of my bike and my other injuries which fortunately were not as severe as they might have been.

I could conceivably be dead no but as I can't prove this is due to bad driving I seem to be stuck in limbo. I daren't cycle in the area again and now need to buy a car for work.

Has anyone had a similar experience and is there any light at the end of the tunnel?

I couldnt help with anything simlair. But surley his car would have some impact markings. Paint chippings etc... The Police (or can you?) investigate this? Because markets/dints will help to prove the angle of which the collision occured. This could colloberate your story?

If you are a member of the CTC (or even not) get their advice. You can also contact a no win - no fee solicitor.... its worth the effort.
HOW MUCH DO YOU WANT THIS - remember who was in the ambulance! YOU!

Best of good luck!!

psvrichard

As lmp says, if you are a CTC member, get free legal advice. Otherwise, try one of the solicitors advertising regularly in the cycling press who specialise in compensation for cyclists on a no win, no fee basis. Only a proper lawyer will tell you if it is worth pursuing.

A big point is this: the police investigate mainly with a view to a criminal prosecution, which must be proved beyond reasonable doubt, a very difficult thing to do in a road accident without independent witnesses. On the other hand, a compo claim is decided on the balance of probabilities. The court, if it gets that far, will decide for one party or the other. Also, they can, to some extent share out blame: i.e. decide driver was negligent but you were partly to blame and reduce payout because of contributory negligence. However, this is all academic as the majority of claims are settled by haggling without it getting anywhere near a court case. That is where a competent solicitor will be most helpful. If you tackle the driver's insurance company yourself, you may find it similar to running into a brick wall head first.

Good luck.

I find it disgraceful that when people are in the wrong they can't admit it, especially drivers. I think you have to use what evidence is available re damage to car and bike as well as yourself. Are you insured, and would that cover your bike cost?

I hope your injuries heal quickly and wish you well with your claim.

1. as above - contact the CTC National Office
2. Take photographs of everything (the scene, your bike, your injuries) and make notes. Lots of them.

Referring to the last post.

Whilst I appreciate that people are unlikely to be able to take photos from whilst being carted into the back of an ambulance a mobile phone with a camera is a useful tool.

MM

Thank you everyone for their advice. I've taken loads of photos though the condition of the drivers car remains a mystery. I intend making a civil claim and have contacted the ctc accident claim line as a member but am waiting on the personal injury team replying to me.

I've taken photos of my injuries and may even go to the lengths of visiting the stretch of road again to see if I can catch the driver making the same manoevre. I'm a responsible cyclist and stop at red lights yet feel like I'm being treated as a lycra lout who deserved a bit of a bash.

I won't be giving in as I know I did nothing wrong apart from be in the wrong place at the wrong time.

it;s a great shame that the driver has no integrity to own up...the word that comes to mind isn't typeable in polite company.

however, you've lived to tell the tale..
don't give up cycling, the health benefits outway the risks. and the cost of commuting by car

something similar happened to me, the motorist was annoyed about generally high levels of traffic, and decided to sound his horn, shout obcenities out of his window and then hit me square with the centre of his front bumper straight into my back wheel. the bike was written off, i was lightly injured. any policeman worth the wages we pay them would have been able to investigate and prosecute given the marks on his car & the damage to my bike, but decided not to bother. no witnesses so that was that. i just treated myself to a nicer bike and now ride more cautiously

i hope that you're fully recovered and good luck with your claim

psvrichard wrote:Thank you everyone for their advice. I've taken loads of photos though the condition of the drivers car remains a mystery. I intend making a civil claim and have contacted the ctc accident claim line as a member but am waiting on the personal injury team replying to me.

I've taken photos of my injuries and may even go to the lengths of visiting the stretch of road again to see if I can catch the driver making the same manoevre. I'm a responsible cyclist and stop at red lights yet feel like I'm being treated as a lycra lout who deserved a bit of a bash.

I won't be giving in as I know I did nothing wrong apart from be in the wrong place at the wrong time.

Good on you Psvrichard I wish you well and has been said I hope your injuries heal quickly.Buy another bike ASAP and ride again as soon as you're able (it will help with your confidence on the road).See it through to the end and make sure he pays for his lies and dangerous driving.Good luck.

PS Keep us posted as to the result.

Hear, Hear! Good luck.

This is probably a silly question, but at the point the accident happened is there actually anywhere for him to have been turning right into?

Were the police called? They have to investigate any accidnet involving injury.

You alos need ot get the driver's name and insurance company - legally you are entitled to do so. If he was driving without insurance then this will count against his case that you were in the wrong.

hamster wrote:Were the police called?

See original post, paragraph three.

Hi pvsrichard,
19 months ago, I was also hit by a car with no third party witnesses. In that case, the police recommended prosecution, but the CPS decided against it, due to lack of witnesses. However, we (my dad started this while I was in hospital) started an insurance claim, and the driver's insurers have admitted full liability.

Admittedly, my case was fairly clear cut, as the guy was going the opposite way to me and turned right into a side road, cutting across me. I belive the car was still in the same place when the police took photos, and the driver's not-guilty plea was "I had the sun in my eyes". Your case doesn't sound quite a clear cut (I may be wrong) but if people will testify that you're not the sort of complete cycling loon who will overtake right-turning vehicles, and you have a decent solicitor, your case should go through.

Good luck!

I've spoken to Russell Jones and Walker who act for the CTC and they have agreed to take on my case. There was a place for the driver to turn right into but the driver seems to have missed the point that if he was doing this I would have been able to undertake in a car because the road is very wide. My photo of the huge dint in the car demonstrates I went into him square on whereas if he was turning right and I was overtaking I would have merely glanced the car and not created a huge dint.

I'm lucky in that I have other bikes to ride so I've been on my city bike to keep things ticking over. My facial injuries are still present to a degree so I now have a rugged look about me which gives me an air of mystery!!

My biggest beef is that I don't think the guy who gave his details was actually driving. I think it was a woman as she rang my work to tell them I wouldn't be in and said she knocked me off. I suspect a guy gave his details because he didn't have 9 points or he had better insurance, (or just insurance) but the police seem to have the attitude that it doesn't matter because nobody died and there were no witnesses anyway.

It's great to get so much support from this board. I'm writing about the whole experience of biking to work on a fold up for The Yorkshire Post in the blog section of their internet site. www.yorkshirepost.co.uk

The blog is now a little bit car centric but I'm going to be putting a bit more bike stuff on there in the coming weeks. Feel free to read the blog and put comments if you're registered with Blogger.com!!