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Advice needed please

  • This topic has 8 replies, 6 voices, and was last updated 15 years ago by dave atkinson.
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  • July 27, 2011 at 7:32 pm #13946
    pieeater

    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

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  • July 30, 2011 at 4:09 pm #650867
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    dave atkinson

    I’m not saying they’re not
    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.

    July 30, 2011 at 4:02 pm #650865
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    paulfg42

    Puzzled why others think the
    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.

    July 29, 2011 at 7:47 pm #650863
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    pieeater

    Thanks SideBurn, once I’ve
    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!

    July 29, 2011 at 10:56 am #650861
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    SideBurn

    Don’t forget the “where
    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,

    July 28, 2011 at 8:34 pm #650859
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    Matt_S

    pieeater wrote:The police

    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.

    July 28, 2011 at 7:17 pm #650857
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    pieeater

    Thanks guys, I will get on
    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.

    July 28, 2011 at 4:42 pm #650855
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    stewieatb

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

    July 27, 2011 at 10:00 pm #650853
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    dave atkinson

    I’d go after the bus driver,
    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.

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