Forum Rider Down and/or notification of minor incidents

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  • Hello

    A few weeks ago I had an accident. Into the side/back of a car on E+C, he braked suddenly. Bike frame trashed, clavicle broken. I really don't remember it much, helmet saved me but was quite dazed. It may well have been my fault but I couldn't say either way for sure.

    Just got a phone call, the driver asking "what are we going to do about it". Apparently I broke his rear headlight. I don't have car insurance on my bike funnily enough so I just said "I'm not going to pay for your light, or anything do with your car" and hung up.

    Has he got any legal recourse? Because I'm minded to just ignore him.

    After I collided with him I went over his roof and into the side of a black cab, denting the door, haven't heard from him though....
    His legal recourse is to take you to court and sue you for the cost of any damage to his vehicle.

    He might even report you to the police for careless cycling.

    Finally, he could call you a prick for hanging up on him.

  • Was deliberately knocked off about a month ago now. Was about 1am, saturday night ride home and I was in the second lane of two coming back into Glasgow city centre from the southside.

    Looks like this:

    You can see it's 2 lanes, but not exactly a big dualler. I needed to filter off to the right where there is a right turn, further down the road. It can be quite busy with traffic who won't let you out, i.e. blasting down the road at 40 or higher, in a 30, and unwilling to stop. Therefore I held my position on the right. Started off at lights and had this taxi behind me revving up and obviously in the mood for aggro. Set off from the lights and got up to speed very quickly. I would have been sitting at about 20-25mph when this happened I would think.

    The taxi came from behind, out onto the opposite carriageway, despite oncoming traffic and then swung in deliberately, where the only option I had was to push off his taxi and came flying down. He then raced off, maybe even up to 40-50 to get through a set of lights. (outside the 02 academy if you know glasgow). I went flying, landing on my hip and both elbows. Miraculously I dont think I hit anywhere else.

    Both elbows are still sore and slightly swollen, but the giant purple, green, blue bruise on my hip has no receded to nothing. The bike was fine, other than a broken set of clips and a chain which pinged off. I was in shock. Unfortunately I was too busy hitting the ground to catch his reg plate, and the only car who had the decency to stop - out of at least 6 or 7 who would have seen this - was driven by some old boy (the dad?) apparently driving about 8 girls in cocktail dresses, all of them steaming drunk, into town. He wasn't hanging around for the police as they weren't going to be too happy with his 9-in-a-car dad's taxi service. One girl got out, hugged me, asked if I was okay, then got shouted back in by the rest of them. So, no witnesses, no CCTV and a hit and run. I'm over it, mainly, but now wearing my helmet more, and just get so angry thinking about it. Police have looked into it, but not heard anything since.

    Have just see the in case of an accident thread so might claim against the MIB.

  • Did you get the girl's number?

  • Hello

    A few weeks ago I had an accident. Into the side/back of a car on E+C, he braked suddenly. Bike frame trashed, clavicle broken. I really don't remember it much, helmet saved me but was quite dazed. It may well have been my fault but I couldn't say either way for sure.

    Just got a phone call, the driver asking "what are we going to do about it". Apparently I broke his rear headlight. I don't have car insurance on my bike funnily enough so I just said "I'm not going to pay for your light, or anything do with your car" and hung up.

    Has he got any legal recourse? Because I'm minded to just ignore him.

    After I collided with him I went over his roof and into the side of a black cab, denting the door, haven't heard from him though....

    Does sound very much like you were too close. How would you feel if it was the other way round? Make that call...

  • Did you get the girl's number?

    Was too shocked to think properly. #FAIL She was pretty cute.

  • OK, I only hung up because he was a bit aggressive and it was out of the blue. "Legal recourse" perhaps poor choice of words, "am I liable" would have been better.

    I would have been following too close if I had been directly behind him instead of between the lanes of traffic, and as I said I don't remember exactly what happened, I glanced over to the taxi on my right and the next thing I know I'm on the floor. So either I veered left or he veered right (and by necessity I'm pretty careful on E+C), but as I have no memory of it I wouldn't accuse anyone else of being at fault. If I'd gone directly into the back of him I would have gone over the roof from back to front and down the windscreen, instead of over the right and down the left side of his car. Also the Police attended so there is an incident report, I've had a letter saying its still being investigated. I don't mind getting in touch and getting it sorted if I am liable, but I am worried that he is just trying it on. Shouldn't his insurance company be contacting me?

  • Bit of a shitty one. You could argue he was driving like a muppet as he slammed on the brakes so hard, but then again there are valid reasons for a driver to have to do so, and at the end of the day you shouldnt be so close that you cant brake in time.

    I went into the back of a landrover once. Went straight into his rear window head first and then fell onto the pavement. Helmet took the grunt of the impact. I still feel like he was a twat for driving the way he did but at the end of the day I blame myself for tailgaiting him the way I was. Lesson learnt.

  • I have to say that I'm guilty of following too close at times. I do try to position myself on the offside quarter to give myself an escape. But there's no escape from the fact that car brakes stop car wheels with greater effect than brake pads on rims. I wish you the best for your recovery, might have a look at the BCC myself...

  • Update on the BCC for those interested.... £24 a year is the "ride" package that comes with £10m of third party cover. I think in some respects it would be a great shame if everyone had to have cycle 3rd party cover, but I think I will consider it. More info :

    http://www.britishcycling.org.uk/members­hip/article/ride-membership

  • .....but the giant purple, green, blue bruise on my hip has no receded to nothing.

    And you haven't thought of getting an xray done? You could have any number of injuries under that swelling.

    I split my hip socket in a skiing accident and it would have gone completely un-noticed and untreated in the hospital if I hadn't complained to one of the nurses that I could hear a click every time I turned over in bed or straightened my leg out.

    I'd really get it checked out, particularly if you've carried on riding in the month since the crash.

  • Hello

    A few weeks ago I had an accident. Into the side/back of a car on E+C, he braked suddenly. Bike frame trashed, clavicle broken. I really don't remember it much, helmet saved me but was quite dazed. It may well have been my fault but I couldn't say either way for sure.

    Just got a phone call, the driver asking "what are we going to do about it". Apparently I broke his rear headlight. I don't have car insurance on my bike funnily enough so I just said "I'm not going to pay for your light, or anything do with your car" and hung up.

    Has he got any legal recourse? Because I'm minded to just ignore him.

    After I collided with him I went over his roof and into the side of a black cab, denting the door, haven't heard from him though....

    Originally I said:

    *Call him back, apologise, suggest going halves, but really you should pay for his light. It's the right thing to do.
    *
    As it sounded like who was at fault wasn't in question.

    If I'd gone directly into the back of him I would have gone over the roof from back to front and down the windscreen, instead of over the right and down the left side of his car. Also the Police attended so there is an incident report, I've had a letter saying its still being investigated. I don't mind getting in touch and getting it sorted if I am liable, but I am worried that he is just trying it on. Shouldn't his insurance company be contacting me?

    Now it sounds like the incident was more complex than that I've no idea what you should do. Personally I'd wait for the incident report and see if that clears things up. He may be contacting you directly as he may not have insurance (cnut) or doesn't want to deal with the hassle, excess etc. How did he get your number?

  • I think what this unfortunate rider says means that's in question:

    I would have been following too close if I had been directly behind him instead of between the lanes of traffic, and as I said I don't remember exactly what happened, I glanced over to the taxi on my right and the next thing I know I'm on the floor. So either I veered left or he veered right (and by necessity I'm pretty careful on E+C), but as I have no memory of it I wouldn't accuse anyone else of being at fault. If I'd gone directly into the back of him I would have gone over the roof from back to front and down the windscreen, instead of over the right and down the left side of his car. Also the Police attended so there is an incident report, I've had a letter saying its still being investigated. I don't mind getting in touch and getting it sorted if I am liable, but I am worried that he is just trying it on. Shouldn't his insurance company be contacting me?

  • You leave braking distance between yourself and the vehicle infront otherwise you are at fault. This can be made difficult in traffic if cars cut in on you or pull out into tight gaps in which case they are driving dangerously (but that's just become city driving).

    Like Pete above I do a bit of too-close riding sometimes when I feel I can get past in the event of heavy braking but it's plain bad riding really.

    In practice unless you've admitted responsibility (which I think needs to be written, signed and dated) at the scene of the accident then most shunts are considered knock-for-knock in the eyes of the insurance companies. It's different if it's a major road and the cops are interested.

    Personally I'd hope a driver would pay for damage to my bike if they were in the wrong, so when the situation is reversed I'd accept the same (and claim on my BCC insurance).

  • A couple of weeks ago I had an almost exact copy of Korova's accident on the same bit of road (Balham High Road).

    Rush hour traffic, I was moving a lot faster up CS7 than the cars in the main lane. A right-turning car was waved through by a van which obscured both our views and I hit him at full speed at the passenger side. He was turning into a carpark rather than a side road so I wasn't really looking out for right-turners. I went over the bonnet, smashed his windscreen and landed in the road with a smashed helmet but otherwise less injuries than a heavy polo session. Unfortunately my beloved Moser snapped in half, wheel exploded etc. I was a bit shocked at the time but luckily the cyclist behind me reminded me to call the police asap. Driver waited around and we exchanged details. He claimed it wasn't his fault as I was undertaking (I guess this is the tricky bit with cycle lanes).

    I claimed on his insurance the same day and last week they agreed to pay out. However, had a letter/form from the Met asking for details and saying that I may be prosecuted for dangerous driving/cycling which I've just filled out and sent back. I believe I was in the right and comments in this thread seem to confirm that but waiting for judgement. I haven't pushed for prosecution which maybe I should have (you get the option to make a recommendation and I went for driver training instead). I'm not sure what prosecuting would gain. I feel like training and paying his excess/increased premiums would be enough to make him to take more care next time.

    I'm definitely going to get 3rd party insurance though, in case it's less clear-cut next time.

  • as i understand it, you were travelling in your stream of traffic, he was turning across you, coming from the traffic in the opposite direction

    you had priority, he is utterly liable, end of story

    go to the solicitors we like thread...

  • ^^
    Sorry to hear about this and hope you're healed up now.

    Out of interest did the police get to the scene whilst everyone was still there?

  • Police, blue light, sirens and all, were 15 mins or so and myself and the driver were still there. I told the witnesses whose details I had taken they could go. The driver was keen to disappear but I suggested it might harm his defence if he did so.

    I suspect it'll all be fine and the only unknown will be how the insurance company value a 20 year old Moser frame with lots of new shiny bits on it.

    To be continued...

  • That was smart thinking. Hope it works out.

  • Was deliberately knocked off...

    I know that road. For me it is the fastest road I could run on a road bike in Glasgow. Simply for its descent and set of lights (all green except one red!) begging for a sprint...
    Too glad my evil days are over, and traffic on that road is always too dodgy to get on with.
    Better try avoiding that one in the future and do get your hip checked.

  • or CTC or the London Cycle Campaign - both include 3rd party insurance and are cheaper than British Cycling.

    You may have 3rd party insurance as part of your household policy. He could, and probably should, take you to the small claims court

  • @French Touch - can sympathise. Used to do the Eglington Rd stretch into town daily, but I was passing at 6am and whilst the roadworks were on, so it was never quite so bad.

    As bitrunner said, can you bump across just after the petrol garage and join Victoria Rd? Surface is crap, but there's a bus lane all the way in and you haven't got that dodgy 'move right to go straight on'. It's my current route in (on an orange recumbent...)

  • @French Touch - can sympathise. Used to do the Eglington Rd stretch into town daily, but I was passing at 6am and whilst the roadworks were on, so it was never quite so bad.

    As bitrunner said, can you bump across just after the petrol garage and join Victoria Rd? Surface is crap, but there's a bus lane all the way in and you haven't got that dodgy 'move right to go straight on'. It's my current route in (on an orange recumbent...)

    I'm in town now, so not so much of a worry. It was a ride back from having popped into a party at the slow café on vicky road - it would have made sense to go straight but old habits die hard - I used to ride in from shawlands when I lived there. Anyway none of it should have been a problem if there wasn't an arse driving a taxi who was intent on assaulting me.

  • Oil on the Ground

    Borough High Street southbound, slow lane at ~4:45pm today. Was freewheeling happily down from London Bridge, without braking/turning my front wheel was lost and I was on the ground. Fortunately there were just minimal bruise. Rain alone definitely wouldnt make it so slippery.
    It turns out there was oil all along the lane and after the left turn onto Great Dover Street. Both wheels skidded again at very slow speed but didn't came down.

  • An update to my incident from a few months ago now:

    The driver changed her number soon after the incident so I couldn't contact her to send her a bill for the damage.
    I made a report to the police who decided as there was no personal injury there was no case to pursue.
    I used the askMID.com website to get the driver's insurance details.
    Turns out she was driving a hire car but had opted to use her own car insurance to cover her - so rental company claim they are not liable.
    They did, however, give me the insurance policy which she was using as cover on the rental car.
    I contacted this insurance company who confirmed that she had an outstanding claim, the reason she was using a hire car, BUT, her policy did not cover her to drive a hire car, and therefore they have no liability relating to the incident.
    So now I have a driver I cannot contact and two insurance companies who both deny liability.
    due to lack of personal injury this will cost more than the damages are worth to hire a solicitor.
    Any advise?

  • go back to the police with that information, she was driving without insurance so that at least needs to be addressed.

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Forum Rider Down and/or notification of minor incidents

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