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^ will have t-shirts of that screen printed by the weekend.

I wave my genitals at intellectual property.

if you do, ill take a black one in small!

edited

Make sure that you have notes / copies of all correspondence, including the initial offer that he asked.

If you claim, and he then counterclaims, the fact that he made an initial prejudiced offer of £1,000 means that he will be hard pressed to claim for anything more than that.

I have the copies, so i will look after those incase it does indeed go to court

His first 'offer' was infact £500, which he claimed was his insurance excess and 'damages due to his loss of no claims'

Why have they NFAd it? I would consider revisiting this - Any notion that the driver was driving without due care / dangerously would stand yo in good stead for any claims against him.

Fuck me, but the police always seem to be completely blase and lazy about cycling related incidents.

If the police state it as NFA (presumably meaning no further action?) then is that definitive? or it just means the police cba to do anything further?

If you're a member, you should call the legal advice line directly. Have you been given the number?

I am not a member, i tried joining but i do not live in london.

Ive just had an email back from the police, I asked for a copy of the drivers statement. The email is below;

"Dear Mr Whittle

Thank you for your email.

Please see the response from PC ******.

"Mr Whittle
The driver has made no statement other than the section in the Blue book.
The cycle rider was given details ref this accident at the scene and all information required to deal with it.
The blue RTC book is NFA and has been forwarded on.
PC **** ****** "

Kind Regards"

so it seems the driver failed to make a police statement. is that even allowed? could this be beneficial?

Counter claim sounds like a good way to scare him off. If its too much stress to deal with you can always drop your claim (provided he's dropped his by this point). Sucks to have lost out but better than getting a bill from the court.

I threatened him with a counterclaim for my bike and time off work etc

he pretty much said 'thats fine, i don't give a shit lets take it to court I will win'

so it seems he is massively arrogant, which hopefully i can use to my advantage

The last of correspondence ended with something along the lines of 'clearly we can't come to an amicable agreement, so we have no choice but to let the courts decide' from him, although i am yet to receive a letter from a solicitor etc

If I were you I'd nail him in court (if it ever got that far) for trying it on and for trying to very cynically turn your misfortune and actual injury to his benefit, caused by his bad driving and lack of observation.

People like this are parasites.

Have you documented your injuries and their healing or the uncovering of additional complications? If not do so, make sure you go and see your GP so you have a record, keep a diary, take pics of bruising. You mention about mobility, if this does't considerably improve in the next 7 days go back to your GP.

I believe you have contact details now for an LCC lawyer so get on the case with them as soon as. Texting you about how much you owe him is despicable, I don't suppose he asked whether or not you could post the bits of his windscreen in your neck back to him. Wanker.

Beat him at his own game and get something out of for yourself - he's asking for it.

Don't text him back anything, make him sweat, only go through the lawyer.

I indeed have photographs of my injury at the time of the event, which i had a friend take for me while in the hospital. Im seeing a doctor again tomorrow just for a checkup, but fortunately my mobility is fine, although i have a permanent scar on my neck.

I have contacted LCC, with no response so I will try again tomorrow!

thanks for your input so far everyone

random dawes frame, non matching forks, incorrectly spaced rear 700c. random 26" front. random bars/stem/levers/shifters £Free if you collect

random 700c 7spd wheel, random 26" front wheel, random drop bars £Free if you collect

Tioga factory 1.95 tyres with tubes. lots of tread £5

Kenda street tyres. lots of tread £5

12 days use out of a conti ultrasport.

with 7 skid patches...

sold

I just put my Roksan speakers on ebay

http://www.ebay.co.uk/itm/280739515696?ssPageName=STRK:MEWAX:IT&_trksid=p3984.m1423.l2649#ht_594wt_1219

Could you change the seat?

i suspect this one has gay-aids...

sold

when you said cycle lane, you mean you're riding close to the kerbs?

if so, were the tyres mark near the kerbs?

I was on the cycle lane side of the road, but not too close to the kerb. I find being in the outside of the cycle lane is generally easier for cars to see you.

as i said though, there wasn't a designated cycle lane on this piece of road

You're wrong, it does help.

You're not supposed to move a car if it's not blocking traffic (which it couldn't be for you to hit him on the far left), so by moving the car the only thing he's achieved is to weaken his argument because he's destroyed the scene prior to the police arriving.

He shouldn't have moved the car... you can use that against him.

In a 1 word against the other, everything that weakens his credibility is to your benefit.

You were also knocked out... you cannot know what happened during that time.

thanks for that, that first sentence could be of benefit!

i only know that he moved his car as the police questioned me about it with something along the lines of 'why is his car all the way over there?' i presume there was glass all over the road where the incident did intact happen.

From a legal point of view, if you go into the back of someone, you were too close. You should always be far enough behind to stop safely if the car / bike in front needs to make an emergency stop.

Your counter-argument is that he moved into your path, and that is what caused the accident. You would need to show that you would not have cycled into the back of him, had he not swerved into your path.

In my view, it would be for you to show that show that he swerved to the left as the evidence points to you going into the back of him. On that basis, it is essential you get further evidence to support your position – eg witness evidence or CCTV footage.

yep he moved (even further) into my path.

i guess its the same as a car driving along the motorway in the outside lane, with a similarly fast car in the middle lane just behind, at which point the outside lane car decides for no reason to cut into the middle lane and brake causing the car in the middle lane to crash into the back of it

hang on a minute. if he were stationary in traffic:

where are the witness statements from the drivers in front (if not) behind him to attest to this?

if he were stationary in traffic I trust there are no tyre marks in the road (assuming he made some kind of effort to stop)?

if he were stationary I presume that he will be giving a witness statement to that effect which will of course amount to perjury?

there were no cars behind and i don't think any of the cars in front were aware of the crash, so i doubt there were any statements

i went back to the scene a few days later when i was out of hospital/mobile again and i didn't see any skid marks from the car (although i guess it would have had ABS) but i did see a clear skid mark from my rear tyre

his statement was indeed that he was stationary

Unless he has a credible witness it's his word vs. yours. So unless he can prove that he was stationary as he clams you're fairly safe.

would the fact that he moved his car to 'hide evidence' hold any weight?

It sounds as if your case will be difficult, but this is all the more reason for involving a lawyer. As others have said, there are lawyers who specialise in these things. The LCC works with Levenes (http://www.levenes.co.uk/, if you're an LCC member, you get free legal advice), the CTC with Russell, Jones, and Walker (http://www.rjw.co.uk/), and lawyer Oliver Jeffcott is a member of this very forum (username ojeffcott) and comes very highly recommended by forumengers who have had to pursue cases. I'm sure there are plenty of others, but all of these are recommended. Good luck!

Oliver
LCC

thanks for the info, i will look into them!

i have a bontager nniceish black you can have!

If there is any CCTV, track it down asap.

+1 for LCC lawyer

there doesn't appear to be any, nor any witnesses

Does anyone have contact details for a lcc lawyer?

Sounds like he is after cash, possible he even caused the crash on purpose from your description? Was there anything to cause him to swerve in your path?

He didn't do it on purpose. I don't recall seeing anything ahead to cause him to break. he didn't swerve so much, he was already too far left and went further.

Contact an LCC lawyer and get help, I'd suggest going after him too. If you were concussed as a result of his actions then you should get it thoroughly checked out and record all the damage to yourself, your bike, the time taken off work and any treatment you have to go to.

Whilst the standard guideline for cars is "the one who hits you from behind is at fault", it's worth pointing out that you are not a car and are not equipped with his brakes and would have no reasonable expectation that he would invade your space and then brake.

Ive recorded all the damage etc, as well as our whole dialogue. Ive a rather stiff neck with limited movement, and a scar down it from the glass ;-(

On the same note: If he hopes to get his excess paid for, it means he wants to avoid getting his insurance involved. He caused this but doesn't want to pay in any way.

the issue seems to be that he is claiming he was stationary in traffic, and i just decided to ride into the back of him. I can't prove otherwise, and the fact he moved his car before the police arrived doesn't help either.

Did you file a report with the police for the accident?

I made a statement then spoke with the officer later in the hospital. Ive tried contacting him again to read the statement the driver made, but am yet to hear anything...

Right so last saturday i was cycling along the road on the inside where the cycle lane would be. there wasn't a designated cycle lane.

all of a sudden a car decides to brake sharply/suddenly but at the same time cuts up the cycle lane which causes me to crash into the back of him and go into his rear window.

i wasn't too close, or going to fast, but he cuts into my path so much so that i couldn't avoid him and brakes so sharply that i don't have time to stop. I skidded and slid the bike sideways into the back for the car which breaks the rear window.

thats all i remember as i was then knocked out for a few minutes and 'awake' sat against a wall dazed and confused. the driver has moved his car (presumably to hide the fact he was too far left) before the police arrive, who take details and statements.

the ambulance turns up and takes me to hospital for an X-ray and to pull the window from my neck...

a couple of days later the guy texts me and says the damage will cost just over £1000 to fix, but asked me to pay his insurance excess and some compensation £500 in total.

He is claiming he was stationary in traffic and not incorrectly positioned on the road (as i said, he moved his car before the police arrived) and therefore it was my fault.

I seek legal advice and speak to a number of solicitors and Citizens advice who say that i was not in the wrong, some even suggest i go after him for damages.

however I told him i was happy to let it drop as he needs a new tailgate/window and i need a new frame/fork/wheel (about the same cost)

he has just text me and declined letting it drop and after a number of texts/calls etc has just text me saying something along the lines of 'its obvious we cannot come to an agreement, therefore we must let the court decide'

I don't think that i am at fault, my bike is totalled, i was injured and lost a number of days of work.

where do i stand?

yeah but i can't 'sand up' my 25.4....

anyone got a 27.0 seat post?

i could swap it for my 25.4 thomson

for sale is my 25.4 thomson seat post

its in good nick. some scratches where its been inserted, but other than that good nick

£30

or will swap for 27.0

Can be viewed at 'the cycle repair shop' in cambridge