Accident with cyclist - Seeking advice

VincentHanna

VincentHanna

VincentHanna

Caporegime
Joined
30 Jul 2013
Posts
29,639
This morning I was pulling out of my cul-de-sac on to a main road, as I have done every morning for 4 1/2 years.

A cyclist was travelling against traffic on the pavement, my view of the pavement in both directions is obstructed by neighbours cars and a wheelie bin:

Vincent_Hanna_junction_small.jpg


And my view of the road on the right seeing oncoming traffic isn't great either to be honest.

Here is video footage of me from starting the engine to the actual collision:

Here is it again without the start (it happened right when the footage clips over to the next file)
- [Contains a swear word!]

And here is the rear view [also contains a swear word] after it happened showing the cyclist wheeling his bike in and trying to compose himself


So basically, I am sitting stationary for approx 10 seconds waiting for a gap in traffic on my right and a cyclist goes passed just as I moved off. I moved about 1 ft and sent him sprawing in to the road. I checked he was ok, a neighbour came over (she's a nurse) and applied a sling and I took him in my car to A&E

There is damage to my car below:

530d_frontdamage01.jpg


530d_frontdamage02.jpg

I have logged the incident with Essex Police via their website.

Do I just claim off my insurance? Guy seemed reasonable so hopefully won't go for the claim route, but just in case what else should I be doing? Who is liable for damage to my car?
 
I look both ways for pedestrians (as I said I've been doing this for years) but they are slow enough that I don't have to check every second.

Cyclist at speed, I can't even see them.

It's a 5 Series touring so the bonnet is quite large as well which puts me even further from the road.
 
I haven't informed my insurance, but the police report I filed might go to them anyway as I had to submit my number plate.

Should I ring them now? That'll sit on my report for 5 bloody years though.
 
Yes they were. I might be a BMW driver, but i'm not that bad :)

Though the radio is on, you can hear that the indicators are on.

I'm sure he said to me on the way to A&E that he didn't see my car, or maybe even that I "came from nowhere". I might have that recorded on my Dashcam as it records audio.

Footage clearly shows me sitting stationary for at least 10 seconds.
 
Exactly what I did.

Plus you can see from that photo I can't see much up the pavement anyway. It was fine until that house started parking their black focus there a few years ago.
 
My insurer (admiral) just called to say they've reviewed the footage and understand he was on the pavement but that "in general" things like this go down as the motorists fault, because they [the insurer] are the ones having to pay out for damage!

I asked to speak to somebody in the personal injury department to discuss it further, as I'm not particularly happy with their attitude towards it and would like a professional to review the footage.
 
Well yes I did look left, but why would I look left as the last thing before turning left to join the direction of incoming traffic though?

The last place you would look before moving is to the right,surely, where the traffic is coming from?
 
crinkleshoes said:
It’s Admiral, they’re a terrible insurer - I’ve dealt with them in the past. You have to fight your side, stick in official complaints and really kick up a fuss.

The comment they have made on the phone could be sent to the financial ombudsman as they just told you that they make decisions in their own favour despite evidence.

Note the conversation down as close to verbatim as you can or ask for their recording of the call.

If you drop it now, you’ll easily get an at fault or 50/50 on your record.
Click to expand...

Good thinking, She definitely said that and also that the call was being recorded so I have asked for a copy of the recording, which I am sure I am well within my rights to get.
 
My lights were on though as it has daytime running lights so it wouldn't have looked parked. Plus my indicator was on

But yeah you are right it's not the best place for an entrance as it's concealed from the road heavily by the houses either side

There is a dropped kerb there
 
He seemed like a nice normal bloke with a wife and 2 kids that was just trying to get to work.

But something he said to me when I offered to stay with him in A&E until his wife arrived concerned me. He said something like: "Honestly you are better off going before my wife gets here as she is quite fiesty and will probably give you a mouthful"

So just because the guy seemed fine, it doesn't mean he won't have people whispering in his ear that they should make a claim....
 
UPDATE

I received this email from the cyclist:

Unfortunately, it turned out to be a full dislocated shoulder. Took my tshirt off and could clearly see my arm was not where it should be! Plenty of painkillers and tried to get arm back into socket with just gas and air; but no joy. So then I had to go under General and sedated to have it put back in. Got a sling on and got to go clinic next Thursday. Arm is like a dead weight and painful to move but hopefully that will ease; struggled sleeping with it. Will know more next week. A few cuts and bruises palms, elbows and ankle. But hopefully get better over time.

Thankyou for logging the incident. Unfortunately, I have not received anything from Essex Police. Do you have a reference number?

I am not able to work for a while now and hard typing with just left hand. Could you reply to all.

Please can you email me your insurance and car registration details. I am being advised by family, friends and the nurses I should go through insurances for this accident, sorry.

Frustratingly, accidents happen and could have been a lot worse. Thanks for taking me to hospital yesterday and hopefully will get back to normal over time.
Click to expand...
 
This is my draft reply.

Daniel

I'm sorry to hear about that, and I hope you recover quickly from the dislocated shoulder. As you say it could have been worse, at least you didn't hit your head or break any limbs.

After my email yesterday I was advised to inform my insurers of the incident, due to logging the police report.

They are 'Admiral Insurance' and the claim ref is: XXXXXXXXX - The have preliminary estimated the damage to my car at £1,266 but that was on the basis of photos and not a visual inspection

My car registration is: XXXX XXX

Police reference number is: RTCWEB/XXXXXXXXXX
Click to expand...




Any thoughts about what I should add - I'm trying to avoid stating anything that could be used against me now!

I don't want to put in writing the police have reviewed the footage when that isn't the case.
 
So you think I should state that I or my insurance company would be looking to recover the costs from him?

I suppose I better get clarification from my insurance company first. I would imagine that if they ultimately put me at fault then it's difficult for me to go after him legally anyway
 
You must log in or register to reply here.
Back
Top Bottom