[millhouse]

Hello all. HELP!!!!!!
Two weeks ago I was hit off my bike on a Sunday morning riding towards home. The car did not slow down as he approached the roundabout and hit my rear wheel, sending me flying across the tarmac.
100% his fault. I have quite bad wounds to my left side and my rear wheel and frame are trashed.
He was around 70 and I trusted him to do the right thing…. Unfortunately he didn’t and I have just found out that he reported the incident as non fault.
I felt sick to hear this and I am raging about it, but feel helpless.
The police refused to attend and I did not call for an ambulance because I did not want to take up NHS resources. I have made a report to the police and feel that he should be prosecuted for driving without due care and attention. He admitted at the scene that he had not seen me. There was a pedestrian witness who was a marshall for the London to Southend bike event. I took her name and number just in case.
It looks like now I will have to go down the legal route with expenses and headaches that I should not be facing right now as the victim. Just goes to show that you cannot trust anyone in this country, even respectful looking pensioners!
Anyone got any ideas how I should approach this?
I really want him to get what he deserves, he had no concern for me as I was only a cyclist and shouldn’t even be riding on the road.
Charlie.

Topic

[hawkinspeter]

wycombewheeler wrote:

Yes, but approaching from the right on a mini roundabout would not be “established on the roundbout” Effectively allowing an interpretation that leads to a game of chicken. If you can get onto the roadabout before the car coming from your right, you may not need to give way to them.

The rules aren’t particularly clear with mini roundabouts – I prefer to reduce speed if I can’t see what’s approaching.

[wycombewheeler]

hawkinspeter wrote:

kil0ran wrote:

Having been in a car to car collision on a roundabout resulting in a claim I have to agree with you, particularly if there’s no camera evidence. One question you’ll get asked is whether you were established on the roundabout and whether you were changing lane. Priority and give way to the right doesn’t come into it.

Wouldn’t being “established on the roundabout” also mean that you’d be to the right of a vehicle joining it?

Yes, but approaching from the right on a mini roundabout would not be “established on the roundbout” Effectively allowing an interpretation that leads to a game of chicken. If you can get onto the roadabout before the car coming from your right, you may not need to give way to them.

[OnYerBike]

NOtotheEU wrote:

I was thinking CUK or BC might be more specialised and a lot more useful if I […] find myself in a similar situation to the cyclist charged with holding up a driver for 9 seconds.

I don’t think the legal cover provided by either CUK or BC would cover that sort of case normally. As I understand it the legal support for that cyclist was funded through the Cyclists’ Defence Fund which is a CUK initiative (https://www.cyclinguk.org/campaign/cyclists-defence-fund), but rather than being automatically available to members, it looks like anyone wishing to use the fund gets in touch and cases will be decided on merit (including the wider implications of any ruling). 

[Simon E]

NOtotheEU wrote:

NOtotheEU wrote:

I already have some cover from my union and home insurance but I was thinking CUK or BC might be more specialised and a lot more useful if I’m knocked off my bike or find myself in a similar situation to the cyclist charged with holding up a driver for 9 seconds.

CUK every time, and not just for the solicitors. They are far more likely to fight for you than your home insurance bods and are likely to have more experience of this specific type of litigation.

https://www.slatergordon.co.uk/personal-injury-claim/road-traffic-accidents/cycling-accident-claims/

S+G were CUK’s solicitors for 20 years but CUK now use Cycle SOS – more about the change here:

https://www.cyclinguk.org/article/cycling-uk-incident-line-faqs

[AlsoSomniloquism]

The trouble is if you look at

The trouble is if you look at the highway code for roundabouts, the only MUST is going around the painted area on a mini-roundabout, the rest are you should:-

• give priority to traffic approaching from your right, unless directed otherwise by signs, road markings or traffic lights
• check whether road markings allow you to enter the roundabout without giving way. If so, proceed, but still look to the right before joining
• watch out for all other road users already on the roundabout; be aware they may not be signalling correctly or at all
• look forward before moving off to make sure traffic in front has moved off.

So as there is no Giveway markings on most roundabouts, you in theory do not need to even stop to see if the way is clear.  

[hawkinspeter]

kil0ran wrote:

Having been in a car to car collision on a roundabout resulting in a claim I have to agree with you, particularly if there’s no camera evidence. One question you’ll get asked is whether you were established on the roundabout and whether you were changing lane. Priority and give way to the right doesn’t come into it.

Wouldn’t being “established on the roundabout” also mean that you’d be to the right of a vehicle joining it?

[NOtotheEU]

Ahh, OK. Thanks.

Ahh, OK. Thanks.

[kil0ran]

Having been in a car to car

Having been in a car to car collision on a roundabout resulting in a claim I have to agree with you, particularly if there’s no camera evidence. One question you’ll get asked is whether you were established on the roundabout and whether you were changing lane. Priority and give way to the right doesn’t come into it.

[brooksby]

NOtotheEU wrote:

brooksby wrote:

Are you a Cycling UK or British Cycling member? If so, suggest you call them and get advice from their tame lawyers.

Sorry to be off topic but is the ‘tame lawyers’ comment a dig at how useful they are when you need them? 

No, not at all.  I just meant that they are on the CUK/BC leash and therefore slightly less likely to be ambulance chasers.

[Mungecrundle]

We care and feel your pain as
We care and feel your pain as many of us have been in the same position. We understand that this is actually a big deal to you to get resolved not only for your financial loses but also the basic unfairness of allowing someone to lie their way out their responsibilities.

However, no-one else gives a crap. Not the Police, not the insurance clerk, certainly not the legal system and probably not your lawers from whatever source as in the grand scheme of things your claim is both trivial and unlikely to succeed.

If you have insurance details then go straight there. If not then there is a system for getting details if you have a reg number for a small fee. Detail your losses, don’t take the piss and they may settle for a few £ hundred as it is cheaper than the admin costs of contesting. You will (well I would, as I am petty and small minded) also get the satisfaction of knowing that matey boy’s insurance renewal just got more expensive.

Take home message is to invest in at least 1 camera. You won’t get run over any less but it will be far easier to recover any losses with actual proof, not who has a version of events plausible enough to deny liability.

Best wishes for a full recovery to health and fitness, that is the main thing.

[AlsoSomniloquism]

Just be careful that lots of

Just be careful that lots of insurance and even Police reports treat incidents on Roundabouts as knock-for-knock simply because rules are vague for them (look at the 100 or so comments at a NMOTD last year for one). When I was taken out by a driver, the police were very “meh” until I mentioned they hadn’t stopped at all, which was more actionable to them. 

[David9694]

Holding up white van man –

Holding up white van man – grafter, “fella’s got to earn a living” – for just  8 seconds is something society takes a dim view of in Liz Truss’s Desperation Britain, it’s tantamount to being anti-growth – you wouldn’t want to be anti-growth, would you?

[David9694]

Slater & Gordon are likely

Slater & Gordon are likely your guys. I’m looking at my copy of Cycle magazine and the advert for the CUK incident line service is similar to what I describe below – provided by Fletchers solicitors of Southport. 0330 107 1789. 

The evidence from the witness is vital.  

I got a non-specialist no win, no fee firm through my house insurance legal helpline (what a sham, charging you for access to a referral service, but that’s another story.) 

When I was knocked off, I kept my broken bike for months in case it was needed in evidence.  You may need to get yours valued for replacement purposes.  

Keep a record of how you are inconvenienced, in pain and suffering loss as a result of his carelessness.  I had an ankle sprain and was assessed by a private GP – maybe you should do similar? Take pictures of your bike and your wounds.  Nothing broken or sprained?  Keep it factual and evidenced. 

I didn’t get police at the scene, but an officer came and took a statement a few days later.  I still remember his voicemail to arrange this, something about getting  “my version” of what happened.  So there was more than one version, was there? That is, the pack of lies the driver, in tears at the scene, told the police and the truth as told by me, my bike and – thankfully – another driver. So I feel your pain 15 years later that Gramps is trying to wiggle out of it.

It would be satisfying for this family to know about this, assuming they’re not as bad as him.  Forget about revenge and shaming – I’m sorry to say.  

The haggling went on for several months – you’re just in a rather scuzzy tussle with his insurance trying to deny and minimise, you trying to collect.

Your posted account isn’t very clear what happened – write it down now, as though you were making a police statement.  Good luck!

[Ride On]

Good advice below but if you
Good advice below but if you dont have legal cover anywhere you can do this work yourself.

I take it you have his insurance details. You can still make a claim against them. Visit a Dr, GP or A and E, and have your injuries examined/recorded. The insurer will want the witness details and much will depend on their account of the collision so it will be worth getting their account from them incase when they recieve the call from the pushy insurance guy they decide it’s all too much hassle, you can find guidance online that will assist. Do your own homework and see if there is any CCTV, shops, houses, ring doorbell etc. At some point you will need your bike to be examined at a LBS for a repair/replacement quote.

Also non attendance by the police does not mean he cannot be prosecuted although does make it less likely. They should be recording and investigating the collision including statements from the witness. But any insurance claim is likely to be on hold until the police investigation cncludes.

Best of luck.

[NOtotheEU]

hirsute wrote:

hirsute wrote:

Those things should come under a home insurance policy. Also if you are in a union, you might get one of those or being able to pay a small fee for them.

I already have some cover from my union and home insurance but I was thinking CUK or BC might be more specialised and a lot more useful if I’m knocked off my bike or find myself in a similar situation to the cyclist charged with holding up a driver for 9 seconds.

[Author]

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