friend just knocked off bike by minicab. Any lawyers to recommend?

by snappyandrew   October 3, 2013  

It looks like the cab driver was uninsured. She has witnesses but doesn't know what to do next
Cheers

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Report it to the police, any local lawyer should be able to help. Suggest she checks her contents insurance may be legal cover there.

posted by freespirit1 [156 posts]
3rd October 2013 - 13:59

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If they are a member of London Cycling Campaign, British Cycling, CTC etc, then they have legal assistance as part of that, so go through them.

British Cycling refer to Leigh Day, who you could approach http://www.leighday.co.uk/Illness-and-injury/Road-and-travel-collisions/.... CTC use: http://www.slatergordon.co.uk/unions-federations-and-charities/ctc/

Otherwise:
Report to police
Get details of driver and witnesses
Take photos of injury, damage, car, bike
Get damage appraised by bike shop

Note: I am not a lawyer, and *touches wood* have not needed to use this advice for real. I'm going by what friends who have been knocked off have done.

posted by jstreetley [60 posts]
3rd October 2013 - 15:14

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One other thought, is she a union member? They normally have some pretty good legal stuff included in their memberships.

posted by freespirit1 [156 posts]
3rd October 2013 - 15:23

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check the cycling silk's advice -

http://martinporterqc.blogspot.co.uk/

http://thecyclingsilk.blogspot.co.uk/

(no connection, i just think he's doing great work).

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posted by PJ McNally [586 posts]
3rd October 2013 - 16:46

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Unfortunately, regardless of what is said above the Police are not interested in this sort of thing and lawyers are only interested in your ability to pay. My wife went to a lot of trouble to identify and take to court an apparently very nice chap who was driving a lorry for a company called 'Atlas Express' without insurance. She took him to court, it was time consuming but not too difficult. He 'cooked his goose' by counter-suing for £5,500 for things including harassing his brother (who's address he gave on scene) and the cost of 'baby-sitting' his Iguana while attending court. Presumably it was this dilemma that convinced him to not bother to turn up to court.
After winning the case she accepted an offer by the Motor Insurance Bureau (MIB) made on the phone; they later denied making the offer. The offer that they claimed she agreed to made all she had done a waste of time. The moral of this story; any dealings with insurance companies or MIB should be in writing. Report the incident to the Police and get an incident number (very important). The court process was not too difficult, getting the evidence is time consuming but you only need to prove that your version of events is more likely than theirs (balance of probability). Good luck!
Whilst it was expensive and frustrating at the time being able to say we have been sued for the cost of baby sitting an Iguana is pretty priceless!
AND it gave the Judge and courtroom a good laugh
edit: when I say sued I should say threatened with being sued! The Judge thought his 'counter sue' was hilarious. The driver got nothing from us! Hopefully the MIB got their money from him eventually. When I say expensive, it cost us a no claims bonus! The small claims court is typically £25 and claimant friendly, you do not need to be represented, but it would be worth getting your claim professionally assessed to ensure you make the best possible presentation. That said my wife just did it! We were 'stitched up' by our insurance company and the MIB; people we thought we could trust....

posted by SideBurn [790 posts]
4th October 2013 - 9:03

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Hi , i am using a company called Cycle claims, they are from Warrington, i was recommended to them by my lbs.

Phil

posted by Phil A [23 posts]
16th October 2013 - 20:20

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If the minicab driver was uninsured then I would assume he was unlicenced also. And therefore you pursue it like any other claim against a driver - legal contacts above.

Please tell me that they've got the driver's details and preferably a photo of them and their car with a big fat dent in it and numberplate showing?

Boardman CX Team '14 | Cannondale CAAD8 '12 (written off, SMIDSY) | Scott Sportster '08

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posted by Gizmo_ [826 posts]
17th October 2013 - 8:44

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London? LPHC? (minicab) did it have plates and TfL PCO registration of operator?

Presume you got what you are using as details at scene (s.170 RTA)

If Police fail to move I don't think anyone can stop you posting details of vehicle but may be some issues re driver.

47 years of breaking bikes and still they offer me a 10 year frame warranty!

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posted by A V Lowe [481 posts]
17th October 2013 - 9:00

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If the police do nothing then your local paper is a good next move. Even better if the driver was foreign-looking (no minicab stereotyping there then!!), you can push the illegal immigrant, uninsured, unlicensed story. The Daily Mail won't know whether to hate you the cyclist or the driver.

posted by racyrich [118 posts]
17th October 2013 - 22:45

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+1 for Leigh Day. They are by far the most well-regarded specialists at this sort of claim.

posted by deblemund [89 posts]
19th October 2013 - 21:16

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Can't recommend Leigh Day highly enough - they act for British Cycling and they are brilliant - tenacious, thorough and unrelenting. They've also got vast experience with all types of cycling injury claims and law disputes.

They don't let go and they'll do you proud with sound, solid and considered advice at every stage of the claims process! Applause

Get hold of Penny Knight and her team.

You can find them here: http://www.leighday.co.uk

Penny Knight, Partner
Leigh Day & Co. Priory House, 25 St John's Lane, London EC1M 4LB
Tel: 020 7650 1315 Secretary (Cara): 020 7650 1237

posted by comm88 [75 posts]
19th October 2013 - 22:21

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