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Right, a few days ago i was involved in a bump with a car, he drove into my rear wheel, knocking me off balance and onto the road, luckily my pedals released and my rear wheel and triangle went under the front wheel and pedal went right into his bumper

So after freeing my bike, the guy said sorry, he wasn't paying attention, i got his insurance details to give to my bike insurance and i thought that might be the end of it

Well around 2 hours ago, i had a visit from the police (its the first time they've been back on shift)

The guy went to them and told them, after a "near miss" with me, he stopped to see i was ok and i threw my bike at his car, causing damage, now bearing in mind the mess my bike is in, they wouldn't listen and charged me with criminal damage, my problem is there are no witnesses to call on because i was in the middle of no where on a back road

So i proceeded to ask the police, why i would have his insurance details if he hadn't done anything, but yet again they were of no help

What do i do now? I've given his details to my insurance, so i dont know what they will do, because of the charge?

I dont know where to start, apart from getting a loan from my grandmother to go buy some sort of camera, looking at contour, i only cycle solo because no-one out here is into road biking and there are no clubs, so i thought that might be a bit of a back up, wont help with this case though  19 19 19

15 comments

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mrkeith119 [87 posts] 5 years ago
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I would make sure the police had a report of your side of the incident, make sure your bike is not repaired in any way, (a run over bike will have different damage to a thrown one). And get some form of legal council to help you (either paid for or from the citizens advice bureau). These points would be my first point of call in this situation, but it's not from any experience, so might not be of any use. I hope it might help you a little bit.

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jezzer [67 posts] 5 years ago
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As above. Don't get the bike fixed yet, although a letter from your local bike shop detailing the damage would be useful. I'd be making as much noise as possible about going to court - it's amazing how quickly the story changes when court action is imminent.

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Gkam84 [9092 posts] 5 years ago
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The bike wont be going anywhere till this is deal with, you can clearly see its been run over and still have a bit of bumper in my pedal, just wish i'd thought of taking pics of it at the time

I am quite prepared to go to court over it, thats not a problem, because i know i'm not in the wrong, i'll even haul the bike there as evidence, have called the police today to get them to come take the bike away as evidence and get it all checked over and documented by them as suggested by a friend

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Jonty79 [26 posts] 5 years ago
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What an a hole this guys is!

Dont worry. Your problem of no witnesses is a bigger problem for the driver than it is for you. I'm no legal expert but have had a fair few shunts over the years to draw on.

Generally speaking if one vehicle goes into the back of another vehicle (be it a car, bus, bicycle etc), insurance companies will always view it as the fault of the vehicle that crashed into the back. The only exception would be if there were some special cirmcumstances perhaps the vehicle in front not having working brake lights. In which case there must be supporting evidence or witnesses. It is the repsonsibilty of the following vehicle to maintain a safe distance. The driver has obviously realised that got worried about loosing his no claims or this leading to higher premiums. What ever he has panicked and has decided to make up the story.

On the the criminal damage charge...

Again dont worry - this wont go anywhere. Unless the driver is willing to produce some fake witnesses. Depends how stupid / desperate he is! In any case he's already dug a hole for himself as as he's now open to charge of wasting police time

Sounds like the police are simply being a bit over zealous. Surprised they charged you given its a case his word against yours. Anyhow - this sort of charge will normally go to magistrate court first. A work colleague is a magistrate. Given there is no evidence I would be surpised the case will even be heard.

I'd also take the numbers of the police concerened & lodge a formal complaint against them citing that you feel they are not fully investigating the alleged crime. Having given them your side of the story if they are doing their job properly they would go back to driver to re-interview. By complaining the whole process the police went through when speaking to the driver will come under greater scrutiny

I suspect this will eventually end up with the charges fizzling out and you having to get your repairs claimed againt his insurance. Take photos, plus get a decent bike shop to give a quote & if they are willing report that the damage is consistent with being hit then fantastic!

Good Luck

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viveLaPants [94 posts] 5 years ago
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get in touch with a solicitor. They can send you for a medical which will tend to show that your injuries (even shock) are due to a collision not of your making. When legal letters get thrown about the A-hole normlly backs off.

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Gkam84 [9092 posts] 5 years ago
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I've already seen the nurse to clean up my road rash cause its a bit of a mess, so got her to take a photo of it before it was cleaned, that was just for bragging rights, but i guess it'll be handy now

There is another reason to hate the police for the way they have handled this now, i was to angry lastnight to speak to them much, called this morning to press my own charges but they wouldn't take me on, saying i should have reported it straight away, i was more concerned with getting home, i was stuck in the middle of no where and they guy wouldn't even give me a lift home, just gave me his details and left, C**T

Should i really go to the bother of making a complaint against the police?

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sanderville [349 posts] 5 years ago
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Unbelievable. The guy should be done for attempting to pervert the course of justice. Which police force is it?

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Gkam84 [9092 posts] 5 years ago
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Grampian police, its nothing new though, i did something wrong a couple of years ago, got a night in the cells and a court case and ever since then, they come round for the littlest things, i swear if i fart the wrong way into the wind they would come see if it was illegal, getting really sick of their nonsense, but thats what happens in small places where there is no crime, no cars to stop and nothing for them to do

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timlennon [210 posts] 5 years ago
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It sounds like you need to make sure his car is examined properly for damage, etc. because, like the bike having a specific type of damage depending on what's happened, so will the car.

The police, in order to listen to the suggestion that someone's thrown a bike at a car, would really need to see some evidence, so you might also ask to see that. After all, you can hardly throw a bike, from a standing position, under a vehicle, can you?

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moonbucket [64 posts] 5 years ago
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Firstly, if you haven't already - write down exactly what happened whilst it's still fresh. As much detail as possible - you want to be able to contradict this douchebag.

Second point is photos of injuries which you have done.

Thirdly get photos of the bikes damage - every piece of it.

Fourthly get legal advice asap who will advise the rest of the steps you need to take - but the first 3 are key in my opinion from working in the legal profession.

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Gkam84 [9092 posts] 5 years ago
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timlennon wrote:

It sounds like you need to make sure his car is examined properly for damage, etc. because, like the bike having a specific type of damage depending on what's happened, so will the car.

I thought surely the police would have to do this? Take photo's to produce in court?

moonbucket wrote:

Firstly, if you haven't already - write down exactly what happened whilst it's still fresh. As much detail as possible - you want to be able to contradict this douchebag.

Second point is photos of injuries which you have done.

Thirdly get photos of the bikes damage - every piece of it.

Fourthly get legal advice asap who will advise the rest of the steps you need to take - but the first 3 are key in my opinion from working in the legal profession.

Thanks Moonbucket, I have it all written down, plus all typed up including photo's of damage to myself and the bike, I'm just waiting to hear back from my families solicitor who i emailed all the stuff to this morning after a phone call with her, so she's going to advise where to go with it.

I called my insurance about it aswell to inform them what was happening and they are going to send out some sort of "specialist" to me this week to document the damage and say how it was caused, so i'm guessing this can only help further my case?

I live on the same street as my LBS owner, so took him to look at it without telling him what happened, just explained i needed him to look at something, his first reaction was, how the hell are you still walking and not been crushed, so i'm also having him document the damage, photo's and how it could have occurred

So in theory, i should have my version, the LBS owners theory and the "specialist" aswell on how the damage could have come about, once i have all 3, i will then present these to the police and see what they have to say about it then, also a copy to my solicitor incase it needs to go to court

Will try and keep this updated with any further developments

Thanks for the advice guys  4

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atlaz [203 posts] 5 years ago
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Make a very clear counter allegation. At the very least this should mean the worst you end up with is a bust bike. Don't just rely on the fact the police are involved because of him, make sure they understand you want to make a complaint about him driving without due care and attention rather than just provide a statement for his complaint.

On the other hand, he's lied to the police so he's raised the stakes for himself a little.

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cborrman [87 posts] 5 years ago
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unfortunately i fear you are the victim of the way the police are targetted and our system is set-up (innocent until proven otherwise) so the police are only interested in pursuing this guys claim:

you probably need to:

a) find out if he has insurance / the details are correct, my gut feel is that he may not be insured and this is why he has done this???

b) if he does not have insurance I assume you will have to file a criminal damage claim as well??? (counter claim in the same police station).

c) file a complaint or at least ask how you can file a complaint regarding these two officers in the police station in question ideally, as that will hopefully prompt them to act differently without you actually having to lodge a complaint. make sure you are informed before you do this of how the proceedure works, i assume there is a number you can call/online process??? if theer is an online process you may well do it after going to the police station anyway, see point e)

d) get your insurance company / bike shop and even the police, anyone you can to register the damage to your bike, as well as a) how it seems to have happened, b) how it could not be from a criminal damage situation where possible; upload fotos to facebook / flikr to get them time stamped

e) ask the council etc for cctv footage? ask the shops opposite if they saw the accident and takee the names of people who support you (you may want to record these conversations???). post on the commuting blogs (think on bikeradar there is the one where everybody has a FCN number or whatever) you may find another cyclist who saw what happened??? as many references you can have with various bodies countering his argument the better, even if you do not get cctv footage, a witness, etc: the fact that you were willing to get this, keep a detailed log of all what you did, it all discredits his argument if nothing else.

I would say that here the internet is your friend as long as you know how to sift through all the erroneos crap and fud that people write, make sure you are not derrogatory about the driver at any point in any conversations, nor encourage others to be so- solicitors are useless for the early advice in my experience. the civil advice guys would be better TBH...

whatever you do be active and do not sit around!

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OldRidgeback [2662 posts] 5 years ago
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There are a lot of useful comments there so I'll just add a few pointers rather than go over old ground. Bear in mind that the car driver has lied. Now that he has done so, he will continue in a bid to cover his tracks. Make sure your legal representative gets a copy of his statement to the cops. Ask your legal representative to check any subsequent statement following subsequent interviews with the cops. As the driver has lied already, he will have to keep on doing so and it is highly likely that discrepancies will appear in his account. Your legal person should focus on these as they will inevitably blow his fabricated account to bits. Note too that the cops may be unwilling to admit they blundered/over-reacted in their initial treatment of you (perhaps they are secret Jeremy Clarkson fans and dislike all cyclists as a result) and in slavishly accepting the driver's account without bothering to check its credibility. Above all, keep your cool, despite the lying by the moron behind the wheel and the blatant incompetence of the Keystone cops.

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Gkam84 [9092 posts] 5 years ago
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Thanks folks, its now in the hands of the solicitor and he's advised me to keep info of the forums until i see if i get a court date or not

But will update when he says ok  4