Accident with cyclist - Seeking advice

By the way, I have more rear footage of him spinning his arm around like a maniac trying to get the feeling back - Any thoughts about how that might affect his claim?

Unfortunately just as he started doing it the footage cut to the next recording and it seems to have lost 4-5 seconds when he was really going for it.
 
VincentHanna said:
By the way, I have more rear footage of him spinning his arm around like a maniac trying to get the feeling back - Any thoughts about how that might affect his claim?

Unfortunately just as he started doing it the footage cut to the next recording and it seems to have lost 4-5 seconds when he was really going for it.
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Difficult to say as some things aren't apparent straight away, for instance I fell down some stairs at the weekend and after I felt fine and still moving freely. The next day I was in agony and am still in pain and everything tightened up
 
VincentHanna said:
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
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Just keep it simple. Tell him the matter is with your insurers as he has also caused damage to your car for which you will need to be reimbursed. Once the insurers and police review they will determine where fault lies.

It seems that there is at the very least a level of contributory negligence by the cyclist. Had he been a pedestrian (even running), your cautious approach at the junction would have been unlikely to result in harm to another party. You were taking all reasonable care to avoid an accident. Had he not been cycling on the pavement with a closing speed much higher than a pedestrian it is highly unlikely that an accident would have occurred.
 
So maybe just re-word it like this:

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 to you yesterday, I informed my insurers of the incident, due to logging the police report.

They are 'Admiral Insurance' and the claim ref is: XXXXXXXXX

Their preliminary estimate of the damage that your bike made to my car is £1,266, but that was on the basis of photos and not a visual inspection so this could change.

My car registration is: XXXX XXX

Police reference number is: RTCWEB/xxxxxxxxxxx
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Some clarification:

Though unfortunate and the cyclist wasn't being as careful as he could have, this claim will settle as fault against the driver.

The damage to the vehicle was not caused by the cyclist, it was a result of the accident.

There will be no successful claim against the cyclist, the cyclist holds all the cards in this case.

The cyclist is claiming pi and will be successful.

As mentioned just let the insurer sort it out, they'll use the footage and medical reports to determine his payout and your car will be mended. All this talk of proceedings against the cyclist is nonsense, who would be willing to pay the costs for a case which is doomed to fail?
 
OFC he caused the damage. If he was riding on the road like he should have been by law (the correct side) it woudn't have happened.
 
The alternative is just to forget it, hand over the details to your insurance company and go on with life.

Thats what the insurance is there for.
 
The main thing I didn't want, was them putting it as a fault claim, and then me having to get insurance for the next 5 years ticking yes I had an accident, and I hit a cyclist.

Makes me sound like a maniac.

How much is that going to cost me over time?
 
I would create a new account on youtube and upload the videos you have uploaded on these forums, including the ones of him swinging his arms around and send them to him. That should hopefully make him think twice about trying his luck with compensation as it's clearly insurance fraud.

I asked earlier if you contacted the police but given the developments, I'd be sending everything to them (his email, videos etc) and to the insurance company. He is likely trying his luck thinking he will get a few thousand pounds for his trouble to treat his family to a nice holiday, but he should really be paying for the damage to your car! Why should you be out of pocket (excess, increase in premiums) due to his carelessness?

Something really seems fishy with this and you need to make it clear that it's unacceptable. You are very lucky to have the clear dashcam recordings which most people (myself included) rule in your favour, please use them!
 
mattyg said:
I don't think he could have made up dislocation and sedation. Surely they will have records
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I'm pretty sure someone with a "fully dislocated shoulder" would be showing signs enough to pick up on, perhaps to the point that theres footage in the OP that might help prove/disprove this.
And yes, there should be records.
 
Trig said:
I'm pretty sure someone with a "fully dislocated shoulder" would be showing signs enough to pick up on, perhaps to the point that theres footage in the OP that might help prove/disprove this.
And yes, there should be records.
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I had a broken collarbone when a van hit me. I got up ok and it didn't hurt much, just felt like someone punched you in the shoulder.
 
VincentHanna said:
By the way, I have more rear footage of him spinning his arm around like a maniac trying to get the feeling back - Any thoughts about how that might affect his claim?

Unfortunately just as he started doing it the footage cut to the next recording and it seems to have lost 4-5 seconds when he was really going for it.
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With a "Full dislocated shoulder" pretty sure he wouldn't be able to put his arm above his head without some discomfort to say the least..

FWIW, I'd lock this thread off/remove it now as if he is arguing the toss and is being pushed into the realms of wanting some cash out of you or your insurance having all this sort of stuff in the open forums wont help you.
 
Adam said:
Something really seems fishy with this and you need to make it clear that it's unacceptable. You are very lucky to have the clear dashcam recordings which most people (myself included) rule in your favour, please use them!
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I wouldn't say it seems fishy.

It's purely a case that now he's had chance to speak to family/friends about his accident, they've obviously told him to pursue a PI claim.
 
adolf hamster said:
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.
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Nope I do that too, I always think what if the driver slips on the clutch and lurches forwards. Especially as the cyclists line was so close to the front of the car there's really no room for error.

I cycle but I think the cyclist is at fault here.
 
You wouldn't be able to move your arm much if it was a dislocation shoulder, it's dislocated :p

But this video does need to go to one of those idiot cyclist complications on youtube. Like this one :D

 
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