• Looking for a bit of advice. I was knocked off my bike last week by a car turning across my path, thankfully I didn't suffer any serious injuries but my Singular Peregrine is a write-off.


    :-(

    So at the time I thought I was ok but exchanged contact details with the young lady (who was more distraught than me) so that we could sort out the bike. She rang the next day and when I advised how much a new frame would be (a Kite as Singular don't make the Peregrine anymore) she got quite flustered and started saying that I was jointly liable as I undertook a bus and she was unsighted (I didn't, the bus was behind me) and that she'd only pay half. I denied liability and she asked me to get three quotes to replace the bike. When I rang her back she red buttoned me and sent me a text saying that because of the cost and the fact I wouldn't accept liability that she'd refer it to her insurance company and they'd be in touch. I said that was fine and could she send me her insurance details. From this point on she has ignored all my communications (as I imagine she has be advised to) but I still haven't heard from her insurance co.

    So the questions are, do I have a legal right to ask her to provide her insurance details? I've subsequently reported the accident to the Police as I was suffering from shock and had some bruising and stiffness the next day - which I have sought treatment for. I googled and came up with section 170 of the road traffic act 1988, is that still current?

    I don't have any witnesses or CCTV, if she continues with her story of joint liability am I on a hiding to nothing? Do I claim for just the frame or the whole bike? It was built out of various ebay and other bits I picked up along the way, anyone have experience claiming for a custom bike?

    Sorry, questions, questions, but I can't find much specific info online.

  • double post

  • I would tell her in writing - by text if necessary - that you hold her responsible for the accident and that you expect her to make good your loss by replacing the frame. Tell her that If she doesn't agree you will start legal proceedings against her. At that point here insurers would get involved

    You can do that in the small claims court, or maybe a solicitor would do it no win no fee. there are soe firms who specialise in cycling accidents.

    I don't think you have a legal right to get her insurance details. Insurers usually require the driver to notify them of an accident.

    Good luck

  • Thanks, I just found this on Essex Police website but it doesn't cite where it's from:

    The law states:

         Even if there was no personal injury involved, if someone holds you
         responsible for the accident they have the right to request your insurance
         details. This request can be made later and not necessarily at the time of
         the accident. A failure to provide that information without a reasonable
         excuse is also an offence.
    
         It will also be a condition of your insurance policy that you report the
         accident to your insurance company within a reasonable time, even if you
         do not want to claim yourself. A failure to do so can give your insurance
         company the right to refuse to cover you in the future.
    

    So that makes me hopeful. I think it's time to write her a letter, I'd just like to know the law so I can cite it.

  • I'd take a guess this is you.

    http://content.met.police.uk/Article/Col­lision-forms-and-reports/1400005513174/1­400005513174

    damage only, where names and addresses were not exchanged with the other driver/ rider/ cyclist and any other owner of property damaged (even if the other driver stopped)

    Without a police report she will just go "crash, what crash" as it becomes your word against hers.

  • Yes a driver is absolutely required to give their insurance details. Speak to a solicitor to see if they will take this on no win no fee. For a claim under £10000 most insurers will just pay out if there is a reasonable claim as it's not worth fighting.

  • Keep pestering for insurance details and state that you will go to the police if she does not give. No need to quote chapter and verse.

    There is another way to get insurer details. Assuming you got her registration number that is enough to get the insurer details:

    http://www.askmid.com/askmidenquiry.aspx­

    The above costs £4. DVLA can also provide registered keeper details but I think you have to write to them.

    Also, you can ask the police to get the information from the driver. Leigh Day are good solicitors, think they work with British Cycling.

  • @ojeffcott might well be the man who can offer some advice etc.

  • I've got name, address, phone number and reg number. At the time she didn't know I was injured and doesn't know I've reported it to police now. I had seen that MID thing but it was quite car-centric asking for reg number of both vehicles involved so I wasn't sure if cyclists could use it. Thanks all.

  • Ffs every time this happens its the same story. Can we please get a sticky that says

    IF YOU GET KNOCKED OFF YOUR BIKE CALL THE POLICE FFS NO MATTER HOW REMORSEFUL THEY SEEM AT THE TIME AS SOON AS THE MONEY COMES UP THEY'LL FUCK YOU OFF. EVERY FUCKING TIME.

  • I guess I was just happy to be alive at the time, you don't really think about the implications when you've just rolled off someone's bonnet, unless you have experience. I'd definitely handle it differently in the future.

  • Jimmy, send me a DM with your details. I'll give you a call tomorrow from work and we'll sort you out.

    We very good at these kind of things.

  • Thanks for the reply, you work for a legal firm I take it?

  • Don't ask silly questions...

  • Police first, insurance details later.

  • she got quite flustered and started saying that I was jointly liable as I undertook a bus and she was unsighted (I didn't, the bus was behind me)

    I don't have any witnesses or CCTV

    Contact that bus company immediately. A large proportion of buses are fitted with CCTV, much of which could support your claim regards to the road positioning. You are allowed to request a copy of any footage that they have retained as a Subject Access Request under the Data Protection Act. Even if they don't have any usable CCTV, by using the time and location of the collision, they should be able to identify the driver who could provide a simple statement of the sequence of events. They don't need to make any comment on who was at fault, they can just say something to the effect of "I was driving along X road. As I was approaching the junction with Y road I was positioned behind a cyclist. A motorist turned across our lane from X road to enter Y road and collided with the cyclist."

    You need to do this as a matter of urgency as any delay may mean any footage is wiped or a witness statement loses credibility.

  • Post a reply
    • Bold
    • Italics
    • Link
    • Image
    • List
    • Quote
    • code
    • Preview
About

Accident aftermath - requirement to provide insurance details?

Posted by Avatar for jetpacjimmy @jetpacjimmy

Actions