Advice needed please

by pieeater   July 27, 2011  

Hi everyone,
Please could you give me some advice?

A couple of weeks ago I was cycling to work, when the car in front decided to turn left (without indicating) and then slamming on his breaks before getting around the corner. I couldn't stop in time and crashed into the back of him, the bus behind me also couldn't stop and crashed into the back of me. Luckily I escaped with just swollen hands, bruises, aches & pains and a week off work to recover. My bike is a right off.
The police and ambulances attended but it doesn't seem like the police are pursing anyone.
I don't know whether I should be trying for an insurance claim against the car in front who was clearly driving without due care & attention, or the bus who was too close to me. I really don't like all this insurance claiming business.
What would you do?
Thanks

8 user comments

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I'd go after the bus driver, because a) he's definitely insured and b) if he drove into you from the rear then he's definitely to blame. And c) he might have cameras on the bus showing the incident.

If he wants to pursue the car driver for compensation, well that's up to him. but the law on being hit from behind is pretty clear.

Dave Atkinson's picture

posted by Dave Atkinson [7490 posts]
27th July 2011 - 22:00

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Yep, go after the bus. Sounds like you were incredibly lucky not to get squished! I take it you have a busload of witnesses? Wink

Stewie

posted by stewieatb [298 posts]
28th July 2011 - 16:42

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Thanks guys, I will get on with an insurance claim then - I need a new bike to get to work, there's no way I'm paying to get on a bus now.
ha ha, the bus passengers were handing me their names & numbers as I was lying on the floor feeling a bit broken. The police have said there was no CCTV, presumably they've checked with the bus company too.

posted by pieeater [7 posts]
28th July 2011 - 19:17

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pieeater wrote:
The police have said there was no CCTV, presumably they've checked with the bus company too.

Don't presume anything. Given the shambles of not doing a thing about the Bexley assault until the guy handed himself in, even though they had video evidence given to them on a plate.

posted by Matt_S [197 posts]
28th July 2011 - 20:34

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Don't forget the "where there's blame there's a claim merchants" they may be vultures but they may be willing to pursue a claim. Hope you are recovering/ recovered from your injuries. It seems that the car turning left caused the incident but without outstanding witnesses I cannot see you successfully blaming him. Bear in mind that the car owner may have a claim against you; he is unlikely to pursue you as I assume you have no insurance. Being a member of British Cycling (again I assume you are not) would have been very useful in this instance. This is why I am a member! Would highly recomend membership...from experience!
Regards,

posted by SideBurn [869 posts]
29th July 2011 - 10:56

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Thanks SideBurn, once I've sorted the finances for a shiny new bike I'll definately look into British Cycling membership. My old boss said I should give up cycling, "you're obviously not cut out for it" but it wasn't my bl**dy fault, just unlucky, so want to get back into it ASAP really.
Luckily I do have a busload of witnesses - well, 6 of them gave me their names & numbers!

posted by pieeater [7 posts]
29th July 2011 - 19:47

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Puzzled why others think the car in front was not liable. It's quite different from accident/insurance purposes a bike going into the back of a car, especially when the car was doing a manoeuvre without signalling and without due attention to other road users. I'm sure the bus driver would be awilling witness! I'd be claiming against both (for replacement of the bike and for personal injury) and let their insurance companies fight it out.

posted by paulfg42 [379 posts]
30th July 2011 - 16:02

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I'm not saying they're not liable, I'm saying that the fault of the bus driver who drove into the back of pieeater is unequivocal in the eyes of the law and not really open to debate. And there were plenty of witnesses on the bus who saw the bus drive into him. so that's who i'd go after. the whole manoeuvering without signalling and driving without due care is much more open to interpretation.

Dave Atkinson's picture

posted by Dave Atkinson [7490 posts]
30th July 2011 - 16:09

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