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Got knocked off by car - no injury - but what happens?

Hello all, just looking for a little feedback.

I'll try not to make this too long. I was knocked off my bike on Sunday by a car. Thankfully, I wasn't injured. Aside from some scuffing to my handlebars, the main damage was a cracked phone screen - which had been securely mounted to the handlebars, for navigation purposes.

I was cycling in London in a bike lane, alongside a queue of traffic that was stopped due to roadworks ahead. One impatient driver took a swift left turn into a side street, without looking/indicating. I consider myself a safe cyclist - following rules and watching out for idiot drivers. At the same time, I don't cycle at a snail's pace. I braked as much as possible, but didn't have enough time/space, so collided with the passenger side of the car and fell to the ground. I picked myself up pretty quickly. The car slowed, but I suppose once they saw me standing again, they just drove away. I didn't see the driver at all. I'm not sure if I dented the side of the car. I memorised the registration number.

I wasn't quite sure what I was supposed to do. I called the police about 30 minutes later, and the guy I spoke to said that I should "definitely, definitely" report it on the police website, which I did. I said I wasn't injured, just a little shocked, and he said that shock is itself an injury. I've since received some formulaic confirmation that an investigation has been opened.

Most of all I'm annoyed about the cracked phone screen and the fact that the driver didn't even get out of their car. But of course, it could have been a lot worse.

While there were witnesses (someone in another car shouted something), I didn't take anyone's details. I don't video my cycles - though I've since bought a GoPro mount, so will start to do it.

Basically what I'm wondering is if anyone knows what will happen in this case. I'm not expecting a prosecution - there was no serious damage/injury, and not a whole lot of evidence. But I wonder will that driver even get a knock on their door from a police officer? Will they even know that it's being looked into?

Sorry for the rant.

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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17 comments

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quiff | 2 years ago
2 likes

A little off topic but I had a very similar left hook collision, though in my case the driver stopped. Although I hit the deck, there was no noticeable damage to me or the bike. Given there was no damage, the Met wouldn't take any further action. Which is bizzarre when they've issued NIPs for every close pass I've reported to them.

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AlsoSomniloquism replied to quiff | 2 years ago
0 likes

Surely if you have been left hooked, then it is dangerous driving (careless in their parlance) and should be done as that. Especially if you have it on film.  

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zero_trooper | 2 years ago
0 likes

Thank you for raising this Osullic. There's been some informative responses and I'd be surprised if road.cc has done an articIe on it.

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nniff | 2 years ago
3 likes

I got left-hooked on CS7 - the driver managed to run over my front wheel.  I got their details (Portuguese passport...) and the Reg no.  I tried to contact them and managed to speak to someone else (the car owner)  - who told me that the driver (her friend) didn't have a licence.  I said I needed to go to the police in that case.  They asked me not to and that they would pay for the damage.  It's £500 I told them and I was told that they couldn't afford that - would £5 a week do?  Have a guess...

I found the details on MIB and wrote to the insurer, making my claim, and I notified the police via the web site, but that just disappeared into the ether.   Insurance company denied all responsibility.  However, they did insure the car, which meant that they were liable under a small clause in the road traffic act, which  they keep very quiet about.  I reminded them of that and showed them the video, and told them the driver had offered £5/week.  They paid up and off I went.

No doubt the two ladies are not best friends any more.   Even worse, a while later I got a call from the insurer asking if I knew anything about a passenger in the car who suffered whiplash.  The latter had no doubt been called by a no win/no fee ambulance chaser about 'their recent accident'.  I showed them the video again which clearly shows a low speed collision in which I was the only thing to come to a sudden halt, and a large, lady emerging from the back seat, entirely unemcumbered by injury.  They asked if they could use the video - be my guest.....

Moral of this story - don't lend your car to someone without a licence and let them drive around South London in rush hour...

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Hirsute replied to nniff | 2 years ago
0 likes

"which meant that they were liable under a small clause in the road traffic act"

What's this - some sort of teaser for next week ?!

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osullic replied to nniff | 2 years ago
1 like

Thanks for your feedback - it's interesting to hear someone else's experience. Someone driving without a licence should receive no sympathy or compromises in my opinion. Driving is just too dangerous an activity to go easy on drivers who have no licence/insurance/MOT.

I am very much treating this like a point of principle. And I don't feel pedantic about doing it. I want something to happen to the driver. People need to learn that driving a car comes with responsibilities towards more vulnerable road users. Had I been just a metre or two further ahead, I would have had even less braking distance and would surely have gone flying across the car and into who-knows-what. I could have been badly hurt, or possibly killed. I just wish I had video footage.

I don't get great joy from shelling out £80, but that's not the main issue as far as I'm concerned - I just want the driver to learn that driving like that comes with some repercussion for them.

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osullic | 2 years ago
0 likes

Sorry to ask a naive question, but I haven't ever had to deal with this before...

If I pay £4.50 to get the driver's insurance details from the Motor Insurance Bureau, what would be the procedure then? I would contact the insurance company and say that their customer caused damage to my property? I guess I would have to give them a figure - I was told £58 in a local shop to repair my phone screen, plus £21 to replace part of the broken phone mount.

Does the insurance company just take my word for it and issue me a cheque? I assume the driver can contest the claim and I have to somehow prove that the incident happened? Can the driver just pay me privately to avoid this claim on their car insurance?

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Mungecrundle replied to osullic | 2 years ago
3 likes

That is pretty much it. The MIB website has all the necessary process.

Insurance companies are not that scary and for trivial matters you can just as easily write to them yourself. Include pictures of damage, quote for repairs and a copy of the Police report. However, without video evidence and a witness statement your claim is weak.

You might find that your claim just disappears into the machine or they might just write you a cheque because it is cheaper for them to do that and not go to the expense of a full investigation. Either way, there is a good chance that they will write to their insured driver and possibly they might see a jump in their renewal quote as well as the realisation that they got caught out and hassle of dealing with it which at least is some kind of life lesson.

Given the values you are stating, and whilst I appreciate that not a lot of money to one person can be a lot to someone else and that some people are plagued by having principles of fairness, I'd personally stump up the £4.50, fire off a letter and forget about it. If a cheque arrives that would be a bonus.

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AlsoSomniloquism replied to osullic | 2 years ago
3 likes

Can the driver just pay me privately to avoid this claim on their car insurance?

If you do the above through MIB, the insurance company will be doing the sorting and not the driver and will record the claim. The only way the driver could offer to pay is if you could contact him directly and he forsook that opportunity when he drove off without stopping and swapping contact info. 

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Jetmans Dad replied to osullic | 2 years ago
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osullic wrote:

I was told £58 in a local shop to repair my phone screen, plus £21 to replace part of the broken phone mount.

If those are the only costs, then the chances are that will fall within the driver's excess and the insurers will refer it to them to be paid anyway. Their only involvement then would be to record the claim and adjust the driver's future premiums accordingly. 

Makes it less likely that you would receive the settlement, but at least it would demonstrate to the driver that you can't do that sort of thing without consequences. 

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GMBasix replied to Jetmans Dad | 2 years ago
2 likes

The excess normally applies to your own claims, not a 3rd party's claim against your insurance.  The insurance company is not likely to tell the driver to pay, and it won't make any difference to his claims history.

The silly part of all this is that, if the driver's car has not been damaged, he could have given his details and had limited consequence - assuming he had protected no claims (and insurance in the first place).

By driving off, he has exacerbated his position with the insurance company, who will regard that behaviour as an elevated risk; and he has put himself in line for a prosecution for driving away.

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GMBasix replied to osullic | 2 years ago
0 likes

In addition to British Cycling or CyclingUK providing insurance and legal cover, your household insurance may also provide similar options.

If you have legal cover, I'd say use it.  You may not realise the various genuine impacts you have suffered that can be claimed, and you may not have the clout or experience to rebut silly adjustments used to reduce the other party's offer.

If, as PilotPete's comment sugests, bundled membership cover is a damp squib, that may be the cause for a separate complaint; but it isn't in accordance with its purpose.  I'd say use what's in your quiver.

Taking a screen repair quote, I'd suggest that you get the repair done (if it's an iPhone, get it done 'properly' with Apple), and claim for the actual bill.  You never know what hidden damage or additional expense they uncover when they open it up, and if you've already settled for the damage to the phone, you'll have lost out.

With the phone mount, just be aware that one part may be broken, but other parts may be weakened.  Consider whether it is appropriate to have a complete new mount rather than buying a spare part.  It is safety-critical to protect your phone in the future.

The insurance company does not have to take your word for it, but if you have quotes/receipts, and evidence of the damage, you'll make it harder for them to argue the toss.  They sometimes do argue (althought he sums you're talking about are trivial enough for them to wave a hand and get it off their screen).  This is where having your own people with BS-detectors can help.

The driver can contest the claim.  You really need to get witnesses if you can.  If you/the police can get to his car before he can touch up the scratches/dents, so much the better.

A driver can always offer to pay privately to avoid the claim, and you are at liberty to agree a private settlement.  However, invariably it is a clause in their insurance contract that they notify their insurance company of any collisions, even if they don't lead to a claim.  The fact of the collision will affect their quote based on risk anyway, so they might as well use their insurance (assuming they have it).  If somebody offers to pay privately, it can sometimes become difficult actually getting the money; that may be their purpose in trying to keep it informal; it could also be that they have no insurance.  I would be tempted to tell them that you are doing it throught their insurance company.  If the police are involved, the insurance company is likely to become interested, whatever you agree.  An offer to sort this out privately is an alarm bell.  It may be made in sincerity, but it is unlikely to offer either of you a better deal.

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Tom_77 | 2 years ago
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As well as the insurance check mentioned, you can check if the car has tax and MOT here - https://www.gov.uk/check-vehicle-tax

If there are houses or businesses near the incident you could check if they have CCTV cameras. If you need witnesses then put posters up, or look for local groups on Facebook or Nextdoor and post a message there.

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wtjs | 2 years ago
1 like

But I wonder will that driver even get a knock on their door from a police officer? Will they even know that it's being looked into?

There would be no action at all In Lancashire (where they won't even get off their backsides unless there's a lot of blood on the road and impeccable video evidence), but Cycling Mikey's exploits suggest that the Met is generally rather better.

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Mungecrundle | 2 years ago
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If you have the registration and a Police incident number then you could get car insurance details from the Motor Insurance Bureau. It costs £4.50 and you would still have to roll the dice in submitting a claim to any insurance company identified.

https://www.mib.org.uk/check-insurance-details/check-a-vehicle-not-at-th...

Don't hold out on any Police follow up unless there are other reasons why they may want to speak to the owner of the car. Unfortunately, whilst these incidents are quite big deals for the person getting run off the road, and the information does go into the database of naughty deeds, they hardly blip the radar of more important things that a limited Police force can be doing with their time.

Caveats:

1. Motor might not be insured.

2. Without video evidence or independent witness statement, any claim for damages might be weak. However, the driver might get a nasty surprise when they come to renew.

3. Story on this site recently about a claim by a cyclist (non fault) against a car driver resulting in some confusion when the cyclist attempted to renew their car insurance and didn't include the cycle collision on the proposal form. Apparently they count.

Hope you are not put off cycling, but fit that camera!

 

HTH M

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the little onion | 2 years ago
3 likes

Best of luck in your physical and psychological recovery.

 

A crime has been committed (failing to stop at the scene of an accident) by the driver, so that needs to be enforced. You will get a crime reference number, if the police are doing their jobs properly. Hopefully they will put the effort into tracing the driver, at which point you can claim from their insurers. The police should provide you with details of their insurers, if they catch them

There is a way of claiming for damages in hit and run where the driver isn't identified. Apologies for lack of details.

Finally, this is where membership of Cycling UK or British cycling is great - they provide truly excellent support and insurance in these circumstances. Also, you may want to check if you have cycling cover as part of your work benefits - a lot of big employers (councils, NHS, universities, big companies) have it as part of their general package of incentives to encourage cycling to work. But it may not be widely advertised to employees.

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Pilot Pete replied to the little onion | 2 years ago
1 like

Have you ever used the legal support from British Cycling? I have and it is appalling - they only want to find the insurance details of the party at fault so a claim can be made. They haven't found which company it is in my case and nearly a year later are still faffing around and are simply not interested in a prosecution as they aren't guaranteed to win and therefore aren't guaranteed to get their fees. It's crap if you ask me.

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