Cycling Accidents
Discussion
Morning chaps,
I was witness to a cycling accident today in which, IMO, the driver was at fault. I gave my name to the cyclist but no police were involved and the cyclist was relatively uninjured (shaken up, but no cuts or broken bones).
The driver and her passenger were both adamant the cyclist was a fault. A bus driver gave his details and in his opinion, the driver was at fault. As there were no "road furnishings" damaged and police weren't called, how is this like to pan out for Mrs Cyclist? I'm keen to know if it will go to court or if she'll just be told to pay for her own damages and get on with it.
Any experience of a similar situation would be appreciated.
Cheers
I was witness to a cycling accident today in which, IMO, the driver was at fault. I gave my name to the cyclist but no police were involved and the cyclist was relatively uninjured (shaken up, but no cuts or broken bones).
The driver and her passenger were both adamant the cyclist was a fault. A bus driver gave his details and in his opinion, the driver was at fault. As there were no "road furnishings" damaged and police weren't called, how is this like to pan out for Mrs Cyclist? I'm keen to know if it will go to court or if she'll just be told to pay for her own damages and get on with it.
Any experience of a similar situation would be appreciated.
Cheers
If neither party report the incident to the police (the driver is obliged only if there was an injury) then it's going nowhere. If either party do report, you might get sent a witness form/questionnaire by the police. If it's as minor as you say, I can't see it going to court. The cyclist might well attempt to claim on the driver's insurance if there was damage/injury, but I have no ecperience of that side of things so couldn't comment.
Heebeegeetee said:
LittleBro said:
Morning chaps,
I was witness to a cycling accident today in which, IMO, the driver was at fault.
Do tell.I was witness to a cycling accident today in which, IMO, the driver was at fault.
As a driver, I believe she should be looking for traffic - pedal powere or otherwise - it was rush hour and thats a well used cycle route.
The bus driver had the best view, gave his details and said to the lady cylist something along the lines of "definately your right of way, love". Coming from a bus driver to a cycslit, I thought that was quite a telling comment!
The term 'injury' also applies to damage to property. If there is damage to property then this does need to be reported to the Police. They won't attend, but a report can be made at a Police Station.
If there has been no damage to property or injury to a person then neither party needs to chase a claim.
As for the Driver - based upon the posts - driving without due care and attention, the Police will not persue any charges unless damage has been caused or the act was witnessed by an Officer.
Sounds like a typical incident I experience at least once a day on my commute. Drivers (and pedestrians and other cyclists for that matter) assume that because the cars have stopped it's free and clear to turn, step out or cross traffic.
If there has been no damage to property or injury to a person then neither party needs to chase a claim.
As for the Driver - based upon the posts - driving without due care and attention, the Police will not persue any charges unless damage has been caused or the act was witnessed by an Officer.
Sounds like a typical incident I experience at least once a day on my commute. Drivers (and pedestrians and other cyclists for that matter) assume that because the cars have stopped it's free and clear to turn, step out or cross traffic.
mk1fan said:
The term 'injury' also applies to damage to property. If there is damage to property then this does need to be reported to the Police. They won't attend, but a report can be made at a Police Station.
If there has been no damage to property or injury to a person then neither party needs to chase a claim.
As for the Driver - based upon the posts - driving without due care and attention, the Police will not persue any charges unless damage has been caused or the act was witnessed by an Officer.
Sounds like a typical incident I experience at least once a day on my commute. Drivers (and pedestrians and other cyclists for that matter) assume that because the cars have stopped it's free and clear to turn, step out or cross traffic.
No, if Section 170 is complied with, there is no need to contact the police.If there has been no damage to property or injury to a person then neither party needs to chase a claim.
As for the Driver - based upon the posts - driving without due care and attention, the Police will not persue any charges unless damage has been caused or the act was witnessed by an Officer.
Sounds like a typical incident I experience at least once a day on my commute. Drivers (and pedestrians and other cyclists for that matter) assume that because the cars have stopped it's free and clear to turn, step out or cross traffic.
Saddle bum said:
It's a tidier arrangement to just give the driver a slap.
Yeah, much more satisfying too, I'd imagine. I came close when the chap who was passenger starting giving me some stick "you appeared from nowhere", "you cant see around corners can you", "bloody cyclists are a nuisance". Shocking approach. |At most, I was 3m behind the lady on the bike.Thanks for the details chaps. I'm going to let the cyclist lady know that I will give a statement if needs be. I'm a petrol head first but it does grate on me the way cyclist are treated like second class citizens on the roads of London and I dont think its fair that this poor lady has to pay for her bike and deal with the bruises because someone didnt pay attention when driving.
JulianHJ said:
No, if Section 170 is complied with, there is no need to contact the police.
Good link. Unless I am reading that section incorrectly, the driver is compelled to report the incident. My feeling is that a driver has to assume, and that it is reasonable to expect a competant driver to know this, that after hitting somebody with your car then an injury will have been sustained and therefore the driver must report it under subsection 5. I don't want to start a load of pointless post about this so.....Personally, if I were the cyclist involved, I would report the incident. Chances are some injury has been sustained, whether that is minor bruising, cuts or sofft tissue damage is irrelevant. It will certainly put the injured party in a stronger, defined position when making a claim. By reporting the incident, hopefully, the driver may reflect on their driving skills and improve - although I won't hold my breath.
Additionally, I agree with Saddle Bum
That is exactly the reason I joined the CTC for their 'Third Party Insurance' that comes with the membership.
See here what £35 a year gets you
http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4088
I got knocked off two years ago hit and run but I and two witnesses got his number, the Police did not seem very interested despite the fact that I had some injuries and £150 damage to the bike, but the CTC solicitors did an excellent job and finally got the sod that did it.
"despite that he only got three points and £100 fine
but his insurance paid out"
Other bike organisations also have insurance with their membership the LCC London Cycling Campaign, BC - British Cycling 'more for racing',
See here what £35 a year gets you
http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4088
I got knocked off two years ago hit and run but I and two witnesses got his number, the Police did not seem very interested despite the fact that I had some injuries and £150 damage to the bike, but the CTC solicitors did an excellent job and finally got the sod that did it.
"despite that he only got three points and £100 fine
but his insurance paid out"Other bike organisations also have insurance with their membership the LCC London Cycling Campaign, BC - British Cycling 'more for racing',
If details have been exchanged the police won't be interested. Havig been knocked off by a driver who failed to stop at a give way, I have first hand experience of how disinterested the police can be. As a cyclist unless you have 3rd party cover either thorugh home insurance or a bike policy then unless you are prepared to get a lawyer involved expect to get nothing for any damage either.
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