A cyclist, who was left with injuries and a broken bike after being hit by a van driver who did not give way at a junction was left disappointed with the police response: a driver awareness course , the standard punishment often given to drivers who receive fines and points on their licences for close pass offences.
Rob McGibbon was cycling to work on the outskirts of Leeds when he was hit by a van driver. He sustained bruising to his right forearm, coccyx, right thigh, left calf and a cut on his right forearm.
His bike has been written off for a bent frame. There was also damage to the left crank, a broken saddle, pannier rack, light and mirror.
The van driver was sent on a driving improvement scheme for driving without due care and attention. The footage captured by Rob shows the van pulling out from a junction as he cycled past.
It “hardly seems a deterrent at all,” Rob told road.cc. “Operation SNAP do that for just a close pass, not running into someone.”
Rob also emphasises his visibility. He was travelling into the sun, and was travelling relatively slowly as he had just stopped at a pedestrian crossing.
“The weather was clear and dry. I had a front light and 3 rear lights, a fluorescent orange helmet, reflective gloves and a high vis cycle clip on the driver’s side. He still managed to drive into me. He stopped at the scene and was very apologetic.”
> What to do if you capture a near miss or close pass (or worse) on camera while cycling
He was also disappointed by the response of the insurance company.
“A month on, I am left with a broken bike and no sign of a payout from the vehicle’s insurer. In fact, it took 3 weeks before they even acknowledged I had made a claim.”
The company that owned the van would not forward a claim reference to the cyclist after they had contacted the insurer.
road.cc had contacted West Yorkshire Police for comment.
30 thoughts on ““Hardly a deterrent at all”: Cyclist left with injuries and broken bike after being hit by van driver denounces “disappointing” police action and conduct of insurance company”
Typically from the disgusting
Typically from the disgusting scummy Operation Snap, and their institutional anti-cyclist attitudes.
I’ve had the misfortune to speak to at least five Op Snap officers – not ONE rides a bike on the roads.
I’ve been driven into and left bleeding on the ground on three separate occasions in west Yorkshire in the last decade. Once there was no evidence so I kinda understand the reluctance to prosecute. On the others there was crystal clear footage and multiple independent witnesses. The insurers admitted liability for their clients, but the scummy West Yorkshire Police flat-out refused to prosecute the drivers, arguing that increased insurance premiums was punishment enough.
scummy West Yorkshire Police
scummy West Yorkshire Police flat-out refused to prosecute the drivers
WYP thought Sir Norman ‘Dodgy Geezer’ Bettison was their ideal Chief Constable and kept him there from 2007 until he ‘resigned with immediate effect’ in 2012 due to revelations about his conduct in connection with Hillsborough cover-ups:
(from IOPC Report into those cover-ups)
Accuracy of comments made by Norman Bettison after the HIP Report was published
20.31
In 2007, Norman Bettison was appointed Chief Constable of WYP and was still in this role when the HIP Report was published on 12 September 2012 . His name appeared repeatedly in the HIP Report and there were some implied criticisms of what he did in the aftermath of the disaster .
20.32 On the day after the HIP Report was published, he issued a press statement through WYP’s press office . He acknowledged the HIP Report had named him but said he had “absolutely nothing to hide .” He then summarised his “personal actions in respect of the Hillsborough tragedy” . Also within the statement was a comment that “Fans’ behaviour, to the extent that it was relevant at all, made the job of the police, in the crush outside Leppings Lane turnstiles, harder than it needed to be .”
20.33 His statement was widely criticised, in particular for the comment on the behaviour of supporters . On 14 September 2012, he then issued a second statement, in which he apologised for the upset caused by the first statement and sought to clarify his comments .
20.34 On 24 October 2012, he resigned as Chief Constable of WYP with immediate effect . He stated he was resigning “not because of any allegations about the past, but because I share the view that this has become a distraction to policing in West Yorkshire now and in the future .”
He clearly managed to build WYP in his own image! Let’s hope the Hillsborough campaigners manage to force removal of his knighthood – it can be done. Remember Former Sir Fred ‘The Shred’ Goodwin, banking hero and architect of banking collapse?
Typically from the disgusting
Typically from the disgusting scummy Operation Snap, and their institutional anti-cyclist attitudes
Oh no! I must be suffering from Multiple Personality Disorder and posting on here as one of the others in my sleep.
I have no words, other than the cyclist’s, for the police
I have: useless, hopelessly inept bastards with Cyclist Hostility Personality Disorder and DriverPhilia- a known enthusiasm for getting drivers ‘off’. Lancashire Police, who make West Yorkshire look like models of policing efficiency and probity, will be ignoring this driver’s offences, again: this No MOT vehicle YW16 HUZ was reported on 8th November, and has now gone in for illegal crossing of the unbroken white line because he knows there are no consequences. It’s parked outside working hours on the main road from Catterall to Garstang and must be frquently passed by police vehicles.
https://upride.cc/incident/yw16huz_berlingo_uwlcrossnomot/
Having been led a merry dance
Having been led a merry dance for several months,when I was hit by an inattentive driver (they eventually paid up) in future, I will be making it known that the travel expenses clock is running (and will keep records).
Maybe this will expedite a decision, maybe not, but it might just focus their minds
If you don’t have legal cover
If you don’t have legal cover from home insurance, union or car insurance, you can go to a small claims court or find a lawyer to take on the case
The insurance company will fold very quickly when faced with legal action based on clear cut evidence.
Then it’s arguing about the level of damages.
I have no words other than the cyclists for the police.
The issue with lawyering up
The issue with lawyering up for a small claim is that you will have to pay the lawyer’s fees – generally you can’t recover legal costs for a small claim.
He didn’t write to use a
He didn’t write to use a lawyer for a small claim, but to either go to a small claims court OR find a lawyear to take on the case.
You can also – without
You can also – without needing a lawyer – tell them you will escalate the matter to the Financial Ombudsman if they don’t settle within “a reasonable time” (generally agreed to be around thirty days for a straightforward case like this). Going to the FO has the advantage that if they judge in your favour the insurer has to abide by the decision, but if they find against you you can still take the insurance company to court.
I can’t recall where I saw
I can’t recall where I saw this (could have been somewhere on here) but firing up the county court claim web page, loading the details and taking a screen shot of the submit button – without actually submitting – allows you to send a ‘letter before action’.
I think I’m right in saying that the defendant remains the driver, unless the insurance company has specifically indemnified the driver. Or they may be jointly liable – not sure.
But the screen shot proves you’ve done the hard work before, and just for the photo, so it’s no problem to do it again. TLDR: you’re serious and ready to cut through the crap.
This is not a
This is not a “straightforward case”! The cyclist was injured and you would simply be an idiot settling the case quickly. Settling quickly plays into the insurers hands. Get legal advice and don’t rush…
headingley wrote:
Straightforward as in there can be no argument about fault. I didn’t encourage the gentleman to settle quickly, I was simply responding to his complaint that the insurance company were being slow to respond and suggesting action he could take in order to speed them up. Obviously when/if he does get a settlement offer from them it would be up to him to decide whether to accept or to take further action if it is inadequate.
It took 4 years for the other
It took 4 years for the other parties insurance to settle my claim.
And they settled on the Court doorstep.
That’s with a team of lawyers from a company that have a long standing expertise [in Scotland, anyway] of dealing with this kind of claim.
In my experience, Insurance companies *don’t* fold very quickly when facing legal action … they hang it out to the last minute as their responsibility is to their share holders, and not to the policy holder, and certainly not the claimant.
I’ve had 2 lots of litigation
I’ve had 2 lots of litigation, one an RTC.
Both involved a bit of haggling, but not as drawn out as yours. But they didn’t involve the level of injury that you suffered.
I think the cyclist here is more akin to my injury level.
I’d agree with OFG. A driver
I’d agree with OFG. A driver broke my left leg. It took more than 2 years to get her insurers to settle, even with witness statements saying it was her fault (she admitted fault at the scene and then told the insurers that I just fell off in front of her).
That’s a poor result. The
That’s a poor result. The police should’ve taken tougher action than this.
Very poor result from the
Very poor result from the police – anything resulting in an injury should result in Court. This happened less than a 100m from where I live, I cycle that road every day. I’d recommend contacting solicitors – Cycle UK and British Cycling have firms that will help (they will recover your legal costs from the van drivers insurers.
You’d be really impressed
You’d be really impressed with the 6 points that the driver got, having left me* with 15 broken bones, a punctured lung, internal bleeding and a brain injury.
Because the driver admitted guilt at the scene, Police Scotland were able to just award point for Careless Driving.
*it wasn’t a hit and run.
OFG’s case is an example of
OFG’s case is an example of exactly what I worry about every day! The police refuse to take any action whatsoever over close passing because they are sure it’s not a ‘real offence’ and they’re not interested in active travel and ‘whingeing cyclists’. I appreciate that many serious incidents do not result from ‘close passing gone wrong’, but serious police action would be a good way of convincing drivers to be careful around cyclists. However, what we actually face are very unpleasant forces like Lancashire which ignores all close passing incidents, Gloucestershire which has come up with ‘must inconvenience the cyclist no matter how close’, and Kent insists on the cyclist being KSI’d before they will pay any attention etc. etc. The police are the main enemy, and the latest in the long series of ‘Hillsborough Inquiries’ has just shown yet again what the police are like: lying bastards.
What I found is that
What I found is that counterintuitively the same force (Met) took action on multiple close passes I reported, but not the one time someone actually knocked me off in a left hook. No injury in any of those cases, but less action in the one that made contact and put me on the floor.
What I found is that
What I found is that counterintuitively the same force (Met) took action on multiple close passes…
When you say ‘action’, do you mean real action that was verified, or ‘action’ as in ‘we claim to be intending to take action, but we won’t tell you what it was because we don’t want any evidence lying around if you find out we did nothing at all because (reasons)’? It’s the Met.- Carrick, Couzens etc. It’s the police- an organised collection of criminal conspiracies around the country dedicated to lying to the public
Action – for one close pass I
Action – for one close pass I attended court; another had to attend an awareness course. But the one who actually hit me, nothing.
Well done! What was the
Well done! What was the outcome of the court case and if it was points and a fine, is there a video online?
Don’t know the outcome
Don’t know the outcome unfortunately. There was video evidence (of him swerving towards me, and then driving over a zebra crossing while someone was on it – which I suspect was the reason it got prosecuted) but it’s not online. Looking back though, of 7 reports I made to the Met (all 5+ years ago), 1 ended up in court and 3 attended driver awareness courses (it might be more, some were still ongoing when I asked the Met for details).
Update from Gloucestershire.
Update from Gloucestershire. They are now sending advisory leters out for close passes as promised in the article below which wtjs is referring to.
https://road.cc/content/news/close-pass-isnt-offence-says-police-officer-310433
I have included a still from my most recent close pass report which was dealt with by an advisory letter. The text of the reply is copied below.
Your evidence has been reviewed, and a letter has been sent to the registered keeper of the subject vehicle reminding them to refresh their knowledge, with regard to the Highway Code and close passing of cyclists, and that this incident has been recorded.
As for not many serious incidents resulting from close passes, that’s not the only potential consequence, it’s far more likely that new cyclists will be put off cylcing as a means of transport, which is not what the government or the police CLAIM TO want.
No naughty words on the net y
No naughty words on the net y’see, cyclist getting knocked down, big deal = police
It seems to me that police
It seems to me that police forces across the country are not fit for purpose in so many ways and the public have very little confidence in them. Time to start again (wishful thinking)?
Let me guess. One (or more)
Let me guess. One (or more) of threee standard excuses: 1) I didn’t see you. 2) You were going fastere than I thought. 3) I thought I had enough room.
Scottish defendants are
Scottish defendants are better advised! Do not engage with the accusation at all before you need to! Continue on your way and deploy “I do not recall that” if and when anyone asks.
It is widely accepted by the police and even courts if it ever gets that far, and can stop what could be a bothersome case in its tracks.
Continue on your way and
Continue on your way and deploy “I do not recall that” if and when anyone asks
OnYerBike’s understanding of this differs!
https://road.cc/content/forum/dashcam-portal-scotland-317107#block-node-comment-block-node-comments
Let me guess. One (or more)
Let me guess. One (or more) of threee standard excuses: 1) I didn’t see you. 2) You were going faster than I thought. 3) I thought I had enough room
No, they don’t need to bother – the police have it on Auto-Excuse to save you the trouble – they just send out the joke letter to reassure the offender that they don’t take close passing seriously