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Legal/accident help

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  • February 17, 2015 at 12:02 am #23283
    BrokenBootneck

    Hi everyone, looking for advice. I went into the back of a car at over 20 mph last Friday. On the new safer itchen bridge in Southampton.

    In a nut shell I was coming down the bridge paying very close attention to the cars in front of me, as they have a habit of not signalling. I was keeping a safe distance they were not signalling and I had pulled out into the flow of traffic to avoid a left hook incident. They got to the point of what I would call “no return” still no indication as I could then assume they were going straight on I started to pedal again as I had been holding back, at that point almost as it was too late to take the left turn the brakes went on they then indicated, I slammed on the disc brakes road was wet but not raining and I slammed into the back of the car. Bikes a right off,although at first it didn’t seem too bad, stitches as I had split my chin open and lots of nice bruising. He did admit to pay for any damage. Any idea here I stand, I have british cyling insurance.

    Cheers in advance.

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  • February 19, 2015 at 4:52 pm #832359
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    mooseman

    As a non-expert I think that
    As a non-expert I think that if you rear end another used you are pretty much automatically at fault – I’ve certainly been in that position when driving. Not what you want to hear I know.
    IIRC there is a passage in the Highway Code that states that you should be able to stop safely regardless of what happens in front of you, this definately puts the responsibilty with the operator/driver/rider of the vehicle following.

    I would expect that both your insurers and the drivers would use this to avoid paying out as they would say that you were at fault. If the driver has offered to ‘pay for the damage’ (perhaps not expecting £900) this could perhaps be taken as an admission of guilt but even then if you are technically in the wrong by not following the guidence in the Highway Code I doubt that this would get you far. I also suspect that when he realises that he’s staring down the barrel of £900 he’ll start to back-track sharpish.

    It might be worth getting some advice from BC’s insurers/legal folk? Probably more use than well intentioned but amateur forum responses.

    Sadly (IMHO at least) morals and legals rarely match. Painful as this is I think you may have to take this on your already damaged chin.

    Good luck.

    February 17, 2015 at 2:59 pm #832357
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    BrokenBootneck

    I was a few car lengths back,
    I was a few car lengths back, in rush hour traffic had I gone much slower and held back I would have been getting grief from the drivers behind me, yes in an insurance type claim I would be at fault, it’s bloody annoying that they didn’t signal properly and were too busy trying to drop someone off to worry about other vulnerable road users, had they performed the mirror signal manoeuvre process, this would have been avoided.

    Just bought my 3rd Boardman CX Team in 15 months, one nicked from a “secure bike locker” not insured and work pulled the “at your risk” card, That was the only place I left had ever left it, locked in the SBL. One written off, and hopefully 3rd time lucky. Halfords have a great deal on 15% off plus my British Cycling Membership 10% equals a pretty good deal.

    February 17, 2015 at 1:29 pm #832355
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    glynr36

    BrokenBootneck wrote:the

    BrokenBootneck wrote:
    the problem was the car stopped on a crossroads, I understand what you are saying but even with the lack of signals etc had they carried on and actually turned I would have missed them. the Itchin Bridge is reasonably steep, so you are always going to carrying speed, I had just started to accelerate again as they were already at the junction.

    You also put

    ’ I could then assume they were going straight on I started to pedal again as I had been holding back, ‘

    So were you picking up speed as you started pedaling, or from the gradient??

    A few contradictions going on here

    February 17, 2015 at 1:20 pm #832353
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    mrmo

    child runs out in front of
    child runs out in front of car, car does an emergency stop. Could you stop yes or no. Nothing else is really relevant.

    If you can’t stop you are too close, just how it is. Drivers are idiots, never assume anything else.

    February 17, 2015 at 1:03 pm #832351
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    jacknorell

    You’re at fault.
    If you get
    You’re at fault.

    If you get *any* contribution from the driver for the damage, consider yourself lucky.

    Glad you didn’t get seriously and permanently hurt!

    February 17, 2015 at 11:48 am #832349
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    Anonymous

    I’m afraid to say you will be
    I’m afraid to say you will be EXTREMELY lucky to succeed in a claim against the driver. On the evidence provided you were following too close.

    “The pedestrian didn’t know where to go, so I hit him.”
    “I turned into a junction that turned into a tree.”

    Good news that you are not more badly hurt, enjoy your new bike shopping.

    February 17, 2015 at 10:20 am #832347
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    tao24

    Might be worth talking to the
    Might be worth talking to the insurers, but as a non-legal person my understanding is that you going into the back of someone will usually result in you paying out, rather than the someone else.
    You might find the other driver admits fault now, but more realistically I think you’ll find the other party realising that with hindsight they felt bad for you at the time but aren’t too keen to stump up a couple of hundred quid. They will now probably contest that it is not their fault and is, in fact, yours.
    Unless you can prove (witness or recording) that they did admit fault or were at fault in some way, I don’t think you are going to get much from them, but I might be wrong.
    You may also find that they charge you for any damage to their car of course.
    Finally have you considered reporting the accident to the police. If you asked or were asked for insurance details at the scene and they were not available the accident has to be reported and the insurance certificate needs to be taken to a police station. As everyone stopped I don’t think you would need to otherwise.

    February 17, 2015 at 10:01 am #832345
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    BrokenBootneck

    They did say they would pay
    They did say they would pay for the damage, but it appears the frame and forks are a write off, along with some components, not sure he will want to cover the £900 quid cost of the bike, ps the wheels on the Boardman CX team are strong a fcuk, no damage at all to them!

    February 17, 2015 at 9:53 am #832343
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    step-hent

    As others have said, its your
    As others have said, its your duty to leave enough stopping/avoiding distance to allow you to stop safely in the event that the driver does an emergency stop. It’s easy to mis-judge that, or get over excited and allow the distance to fall short – we’ve all done it. You were unlucky – the driver failed to signal and you didn’t leave enough room and it resulted in a collision. But an insurer will see view it as a collision caused by your failure to leave enough stopping distance – he could have had a number of legitimate reasons to stop suddenly (even though he didn’t) but you don’t have a legitimate excuse for failing to leave enough stopping distance.

    If the driver sees it as his fault because of his failure to signal, then deal fairly with him and don’t try and push your claim too high – you’d likely end up with nothing if it goes to the insurers (or to court).

    February 17, 2015 at 9:42 am #832341
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    BrokenBootneck

    There was oncoming traffic, I
    There was oncoming traffic, I had only just pulled out of the cycle lane as it ends temperately, in the hope that if he did turn left I would avoid a left hook incident.

    February 17, 2015 at 9:33 am #832339
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    Jimmy Ray Will

    Clearly the driver actions
    Clearly the driver actions were far below the required standard on this occasion. However, as mentioned, in the land of insurance, the blame will always lie with the chap rear ending the car in front… hence the rise of the crash for cash scam.

    The only caveat to that is if their are independent witnesses that will state that the car in front braked suddenly, for no apparent reason.

    If you have these, great, if you haven’t then I’d suggest being very careful about how much you claim for; as mentioned, if the driver goes to his insurance company you will be stuffed.

    Out of interest, why didn’t you go around the outside of the car when it braked?

    February 17, 2015 at 9:31 am #832337
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    BrokenBootneck

    the problem was the car
    the problem was the car stopped on a crossroads, I understand what you are saying but even with the lack of signals etc had they carried on and actually turned I would have missed them. the Itchin Bridge is reasonably steep, so you are always going to carrying speed, I had just started to accelerate again as they were already at the junction.

    February 17, 2015 at 9:13 am #832335
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    wycombewheeler

    ” I was keeping a safe
    ” I was keeping a safe distance” “road was wet ” “I slammed into the back of the car.”

    Doesn’t sound like a safe distance to me, I know the majority of people drive or ride too close to the car in front, but the car braking hard isn’t a reason for running into the back of them, riding too close too fast for the conditions is.

    What if a child or dug had run into the road in front of the car? likely outcome would be an emergency stop, the onus is on the following vehicle to be able to stop in the space they can see to be clear.

    While he has admitted fault and offered to pay for damage, if the cost ends up being high enough to lead to insurance claim, the insurer may have other ideas due to presumed liability in rear end incidents. I think highway code even makes a point about bicycles stopping distance being higher and not to follow too close to cars.

    Obviously I am going against the two wheels good 4 wheels bad posse here

    February 17, 2015 at 8:45 am #832333
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    Al__S

    I don’t think you’ve a leg to
    I don’t think you’ve a leg to stand on here. Don’t base your safety on assumptions about what drivers are going to do. Fundamentally you were not leaving enough of a gap to stop quickly enough if he had to stop for any reason.

    February 17, 2015 at 12:16 am #832331
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    BrokenBootneck

    Should have mentioned he
    Should have mentioned he basically stopped on the junction as he was dropping someone off. I was also fully hi vizd up with a lezyne XL superdrive flashing away and Cree solar storm flashing away.

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