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Knocked off this morning, Not injured but bike is a mess… Advice please

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  • February 24, 2012 at 7:48 pm #15196
    Gepin

    Hi all,

    After a bit of advice, got proper wiped out this morning whilst overtaking stationary traffic, car emerged from side road to the left and I had nowhere to go.
    Lucky not to be hurt but the bike is knackered.

    Driver states it was my fault??
    Have details and police visited me once I arrived at work and took a statement.

    How do I persue the driver for the loss of the bike? Do I use my house insurance that the bike is named on? My trade union have a legal assistance line but because I am not injured they wont take the case.

    Thanks in advance for any advice and be safe out there people.

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Viewing 7 replies - 1 through 7 (of 7 total)
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  • February 25, 2012 at 2:41 pm #667501
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    russyparkin

    contact his insurance
    contact his insurance company, i got knocked off by a white van and ended up with £10’000. the insurance has paid up before the driver has been prosecuted. the police are very aware of the bike vs car thing so. contact his insurance, if they are no use have a word with a no win no fee solicitor. make sure you have been to hospital etc. drivers always try and wriggle out of it.

    February 25, 2012 at 1:58 pm #667499
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    Stumps

    If, as you say, you were on
    If, as you say, you were on the main road and the driver has come from a side road and collided with you then he / she is at fault, no other way of putting it.

    Imagine if you were a car in the same position it would be clear cut and in this case it’s exactly the same – cars / vehicles joining from a minor road must give way for traffic using the main road….in the words of the adverts SIMPLES !

    Good luck though mate and you can claim from his car insurance as he was at fault.

    February 25, 2012 at 1:35 pm #667497
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    Gkam84

    I am insured elsewhere, but i
    I am insured elsewhere, but i used Bicycle Legal in conjunction with my family solicitors, but to no avail, In my case, the driver found a witness, who was not at the scene but the judge found in his favour, even with my solicitor and me having sought reports on how my bike could have been damaged like that.

    I’ve seen threads about it over and over, where the police/court services and judges/sheriff’s dont give 2 sh*ts about cyclists vs cars and most often find in favour of the driver

    February 25, 2012 at 1:15 pm #667495
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    SideBurn

    I always recomend that people
    I always recomend that people join either the CTC or British Cycling for their assistance in the event of incidents like this. But have never had to use it. Hence I have started a post ‘British Cycling insurance’ your post has prompted me to wonder whether they are any good and if joining is good advice. Would hope that they would be useful in the situations I describe, you describe and also if in Gkam 84’s situation; surely access to good legal representation would have sorted his predicament out?

    February 25, 2012 at 12:20 am #667493
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    notfastenough

    If he came out of the side
    If he came out of the side road then he’s going to have to prove it was your fault. Sounds like he was looking past you for cars only.

    If you don’t have them already, go back and take pictures of the site. Draw a diagram of the accident while fresh in your mind, and write down literally everything you can remember.

    If it comes down to your word against his and the magistrate goes 50/50, have a think about who will be hit with the bigger cost. Ie was he driving a banger and you were on some exotic machine, or vice versa?

    Good luck.

    February 24, 2012 at 11:41 pm #667491
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    dave atkinson

    any witnesses? take any
    any witnesses? take any pictures?

    hard to see how it could you could be legally at fault if a car pulled out and you had right of way.

    February 24, 2012 at 7:57 pm #667489
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    Gkam84

    Mate, i wish you all the best
    Mate, i wish you all the best of luck, but if its the drivers word against yours, then i dont like you chances

    Some of my experiences

    http://road.cc/content/forum/37889-some-advice-needed-crash-and-police

    I ended up getting taken to court because the driver found a “witness”, i got a fine among other things

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