Accident with cyclist - Seeking advice

Nasher · 17 Oct 2017 at 09:34

SexyGreyFox said:
Daily commuting cyclist here - cyclist was a complete **** HOWEVER expect to pay for your own damage.
I'll be very surprised he claims against you since he was a ****.

If he does claim against his insurance, he could sue him for damage to the car.

adolf hamster · 17 Oct 2017 at 10:08

When i look at that i think "why didnt he slow down?"

Am i the only one who slows down and only crosses a gap when i can see there's no cars/get acknowledgement to pass by a car sitting there?

Still good move on the op to help the guy out and take him to hospital, regardless of who's fault it is.

crinkleshoes · 17 Oct 2017 at 10:09

Bear said:
Thats why as a cyclist I never use these shared use paths, its just easier not to bother as pedestrians tend to walk all over the place regardless, that and you are advised not to use them if your speed is generally greater than 18mph as it becomes a risk to pedestrians anyway due to the speed. Still it doesn't stop motorists moaning about cyclists not using cycle paths despite the problem is down to the motorists ignorance

Lol motorist ignorance... I used to have to drive in London often and the number of cyclist who abused the roads and did really silly things that could have got themselves hurt far exceeded the number of bad drivers... and there were plenty of bad drivers.

Psycho Sonny · 17 Oct 2017 at 10:17

VincentHanna said:
I haven't, but I doubt they would spare the time to look. The police are too busy now.

I wouldn't bother. The law says you're in the wrong regardless of what most people on here are saying.

It's the same as let's say your reversing around a corner and some plum decides to drive into the back of you at 50 mph. It's your fault because you were reversing around a corner. That is the way the law works.

You're legally both at fault I believe however the insurer will side with him because legally it's your responsibility to give way in that situation regardless.

In your situation I would have shown him the tape. Asked him for cash to fix the damage. I would have also told him to use the road otherwise walk/bus it. Wouldn't have bothered down the insurance route as like I say you will be found the guilty party here regardless as that is what is written in the law.

robj20 · 17 Oct 2017 at 10:26

Psycho Sonny said:
I wouldn't bother. The law says you're in the wrong regardless of what most people on here are saying.

It's the same as let's say your reversing around a corner and some plum decides to drive into the back of you at 50 mph. It's your fault because you were reversing around a corner. That is the way the law works.

You're legally both at fault I believe however the insurer will side with him because legally it's your responsibility to give way in that situation regardless.

In your situation I would have shown him the tape. Asked him for cash to fix the damage. I would have also told him to use the road otherwise walk/bus it. Wouldn't have bothered down the insurance route as like I say you will be found the guilty party here regardless as that is what is written in the law.

And then by you doing nothing, if the cyclist reported it you could end up being in trouble for not reporting an accident. Best in these cars to just be honest. It's what insurance is for.

VincentHanna · 17 Oct 2017 at 10:33

Exactly, I was covering myself against an injury claim, logging it with the police and then contacting my insurers.

Psycho Sonny · 17 Oct 2017 at 10:35

robj20 said:
And then by you doing nothing, if the cyclist reported it you could end up being in trouble for not reporting an accident. Best in these cars to just be honest. It's what insurance is for.

I think you would have been able to gleam that within 2 minutes of talking to him after seeing he is okay whether or not he was going to go down that route obviously then you wouldn't do as above.

VincentHanna · 17 Oct 2017 at 10:42

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....

VincentHanna · 17 Oct 2017 at 11:01

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.

Trig · 17 Oct 2017 at 11:08

Seems fine, gets left at hospital, then we have a shoulder popped out and we're looking at a claim..

Here we go......

MooMoo444 · 17 Oct 2017 at 11:11

If it was bad I think he'd know at the scene rather than "oh, turns out it's dislocated".. someones about to be taken for a ride.

Semple · 17 Oct 2017 at 11:18

VincentHanna said:
UPDATE

I received this email from the cyclist:

If he wants to go that route, i would try his game back.

Say something like, i will write up my details for you, in the meantime can you also provide me your insurance details. After submitting the footage to the police and my insurance company, they have expressed that the cyclist was in the wrong. As there is damage to my vehicle i will need to seek reimbursement for repair costs.

I would hope that the threat of pursuing damage costs from him would make him decide not to bother and take it as a lesson learned not to cycle on pavements.

mattyg · 17 Oct 2017 at 11:19

Trig said:
Seems fine, gets left at hospital, then we have a shoulder popped out and we're looking at a claim..

Here we go......

MooMoo444 said:
If it was bad I think he'd know at the scene rather than "oh, turns out it's dislocated".. someones about to be taken for a ride.

I don't think he could have made up dislocation and sedation. Surely they will have records

Nasher · 17 Oct 2017 at 11:20

In that case, dispute it and start proceedings against him for damage to the car. Since it was his fault.

VincentHanna · 17 Oct 2017 at 11:20

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

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.

LiE · 17 Oct 2017 at 11:21

Suck it up and provide the details. Let insurance sort it out and move on.

LiE · 17 Oct 2017 at 11:23

Semple said:
If he wants to go that route, i would try his game back.

Say something like, i will write up my details for you, in the meantime can you also provide me your insurance details. After submitting the footage to the police and my insurance company, they have expressed that the cyclist was in the wrong. As there is damage to my vehicle i will need to seek reimbursement for repair costs.

I would hope that the threat of pursuing damage costs from him would make him decide not to bother and take it as a lesson learned not to cycle on pavements.

Don't do this.

Nasher · 17 Oct 2017 at 11:23

He has been fixed up by the NHS, not exactly life changing injuries. If I was me that would be the end of it. But now he wants some cash out of it which you need to try and prevent.

Semple · 17 Oct 2017 at 11:26

VincentHanna said:
This is my draft reply.

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.

If you're not inferring that he should be paying or at least contributing to the repair costs, then i question why you're mentioning it at all?

Semple · 17 Oct 2017 at 11:27

LiE said:
Suck it up and provide the details. Let insurance sort it out and move on.

This is part of the reason why insurance premiums are so high, because no one can be bothered to defend their case.

You get chancers like this cyclist, who's clearly in the wrong will now just claim for PI.