What to do in the case of an accident (discussion)

You need CCTV footage.
Do not rely on 5.0 they will not do even a basic level of checks.
Go out tomorrow (t.o.m.o.r.r.o.w) or ask someone to do it for you if your not up to it.
Go into every building near the accident and ask if they have any cameras pointing in that direction.
Tomorrow.

^^^^ & ^^ Helmet Camera FTW...

Seriously.

No contest about when I got SMIDSY'ed. All about payment now.

I've been involved in an accident which has wiped my memory for the six hours surrounding the incident. Initial phonecall from the police seemed to indicate the driver had stopped at the accident, accepted responsibility and wanted to ring me to apologise. A subsequent phone call from the police to my girlfriend seemed more cagey as to what happened.

What's the best way of me finding out what happened to me? Apparently no witnesses came forward, so I've got to find some cctv footage, or rely on the drivers testimony?

So no CCTV footage in the end, and no other witnesses. Still can't remember the accident, but the driver has accepted full responsibility.

I asked a solicitor to persue it six weeks ago, and it doesn't appear as though they've done anything yet. It's a fairly reputable firm (CTC use it for their members), and it's on a no win-no fee basis.

I haven't had any dealing with a solicitor before, is this kind of timescale normal ? Or should I start looking elsewhere ?

Some advice: I am on the brink of pushing the button on a claim against a negligent driver. I have Slater and Gordan and also Fentons who are willing to take the case. Does anyone have any experience with either?

Secondly, all seem to have a capped basic charges, although these are recoupable against the other party what is the beneift of mentioning these, moreover if one is higher than the other what differnece does it make in real terms?

I was hit by a delivery van on Wednesday evening and I'm in the process of trying to get everything sorted. Although, I'm worried, that because there were no witnesses forthcoming that I might end up on the losing side.

I took pictures of the driver, the van and registration, the damage to me (minor) and the bike (completely fucked front wheel) and emailed them to the guy in charge of transport at the company they work for.

The passenger of the van admitted liability at the time. They came out of one side road across Lea Bridge road and went down the next side road. I had complete right of way as I was travelling down the main road they were crossing. However, when I spoke to the company contact this morning he said that they hadn't accepted liability and they were still waiting to interview the driver about the incident and he was out on deliveries as normal.

In the email I've quoted replacement parts for the wheel, pedals and shoes which were all damaged as a result of the collision. Cost is roughly £400.

What are the odds of a positive outcome without witness statements from the scene? Surely the fact that they were crossing a main road that I was cycling along is more than enough to prove liability.

A lot of it will depend on how douchey the company is, whether the police attended and whether you have the details of the company's insurers.

What are the odds of a positive outcome

If it were to come down to a claim in court, the judge would rule on the balance of probabilities.

Which is, quite frankly, a crap shoot.

Cheers for the info. The first chap I spoke to yesterday seemed pleasant enough, as did the head honcho that I spoke to today, although he was obviously not wanting declare any liability without talking to the driver first. The vehicle was on hire from a seperate company, but I've rang them already and they told me that the insurance would be through company A.

Fingers crossed for a positive outcome, I really don't want the case to drag along.

Should I go looking for CCTV cameras around the area this weekend? There is a hotel on one corner and a Gym across the road from the accident.

Make a report to the police immediatelty. Firstly, this is likely to end up as an insurance claim which may get stalled if there is no report number. Secondly, if they decide to report the issue to the police with a different version of events then your claim will be fucked. Thirdly, and less important is that the incident will be added to existing heatmaps of incidents in the city which may support future planning.
Following that go back to the scene and see if there are any cameras at all that may cover the area and see if there is any footage available. Even if the owners of the cameras say there is no useful footage, demand it anyway, they can't reasonably refuse.

Thanks, I've just rang up 101 and made an initial report. I'll have to go down the station at the weekend to make an official statement to get a reference number though. Obviously I should've reported it sooner, but it's the first accident I've had where I've had considerably damage to my bike.

Cheers for the advice guys.

Some advice sought:

This is what happened:

• A rider was being harassed and intimidated by a driver in a car
  
• This lead to the driver hitting the person on the bike with their vehicle.
  
• The rider then chased the driver down and took the wing mirror off the car.
  
• There was a police presence, and details were taken from the driver and rider
  
• The police instructed the driver and rider to make statements at the cop shop
  
  

What happens next

• It has been suggested that the rider take legal advice before making a statement, as there is the potential for a charge of criminal damage, or public order offence
  
• The rider and driver have already (verbally, at least, backed up by an SMS) agreed that the rider will pay for the wing mirror
  
• It's not know what the driver will say in their statement
  
  
  

Questions

• Does anybody know any recommended solicitors specialising criminal defence (the rider has legal cover, but this may not cover criminal defence)
  
• Any other suggestions on what the rider can do to minimise any risk of a criminal charge now that this has happened
  
  
  
  

Firstly, a right pair of pillocks.

Can't recommend a solicitor. However, the rider can effectively bargain his right to support an assault charge against not getting done for criminal damage. It will.strengthen his case if he can counter claim some form of damage and get a lot of witness support. Of course the object now is to waste a lot of peoples time in order to do nothing so the charge of knobendery is going to stick.

An update on my claim.

Got an insurance quote from my LBS and emailed it to the drivers employer. Just received a reply. Not sure they were expecting to have to deal with over £500 worth of damage.

Many thanks for the quote. After speaking to our driver regarding the incident we have passed the file over to our insurance brokers to deal with. Any further correspondence will need to be made directly with them.

Should I get in touch with the insurance brokers straightaway or wait a little while for them to get in touch? I have no idea what side of the story the driver has given, but the hotel at the junction are confident that the incident would'ver been caught on their CCTV. However, they wouldn't let me view the footage without the police being involved...

I've filed the collision on a police form and handed that in, so will hopefully have a reference number soon.

You don't need to give them time - they pay people to do this.

Send the hotel an SAR - They have no reasonable claim to deny you the footage.

SAR? Not sure of the lingo.

Had a word with the Drivers solicitors this morning. Driver is claiming I didn't have lights on (which is a lie) and had no brakes (not technically true as my fixed drivetrain counts as a brake IMO). Either way he said it's my fault that I hit him when he pulled across the main carriageway I was riding down from one side road into another. Before we start any brake debate, the outcome wouldn't have been different with a front brake as there was no reaction time except turning down the side road with the driver to nullify the impact.

I've been in touch with British Cycling since then and they're putting me through to their solicitors to deal with it.

I'm hoping that the video footage is going to help me out as there was a lack of witnesses at the time.

SAR? Not sure of the lingo.

Subject Access Request

I wish to make a request under the Data Protection act1998 ,to be given a copy of video/fixed photographic stills and images recorded by your store in....................... ......which have images of myself.
on the ............(Date)at approximately .........am/pm
This is my right under section 7 of the act,principles 1/6/7.
Please forward me a copy of your request form,which shows your process to obtain this,in compliance of the act.

I give you 40 days to comply,and enclose the stat fee of 10.00.

I will be requiring a copy of images that include myself,on VHS Video/VCD/DVD format,since this is the only means I have to view it using my own equipment.

I understand that a data controller,can refuse to provide a request,in the absence proof of the subject being supplied.
To comply with this requirement,I enclose a copy of my driving licence/Passport (delete as app)
and also a copy of a recent utility bill to confirm my address.

Lots of love and kisses

Roboto

SAR = Subject Access Request.
Under the Data Protection Act you may request any person, company, organisation etc provide details of any information that they hold on you. This includes stuff like CCTV footage. You do not need any police involvement in order to make this request. You can discuss their obligations under the DPA with them. You should immediately ask that they identify, hold and properly preserve any footage from the time period in question until such time as the issue of access is resolved. Resolution shouldn't be considered complete until either you or an investigating officer review the footage and determine whether it is of sufficient quality to constitute evidence. If they fail in any part of this then I can see another avenue for your £500+ opening up.

Definitely contact the insurance company immediately and a) provide them with the crime reference number and b) request that they send you any forms that require completion and ask for these to be sent electronically.

Cheers guys. I'll get onto that next.

Just spoken to Leigh Day solicitors who have been very helpful and I'm much more confident of a positive outcome now. I wasn't looking to claim for personal injury cos I'm a nice guy and I just wanted my components replaced, but my shoulder is still a little sore after the collision...

@roboto, all the money's in personal injury. If you are still having pains, and need physio, or some sort of ongoing medical care then claim for it...
Sort out solicitors and let them deal with it... It'll still probably take the best part of a year to see any money but it'll be worth it..

Advice sought:

Just after New Year one of our employees was knocked off her bike in Holborn. The bike was damaged beyond repair, employee was hospitalised (A&E) and the driver admitted fault. (Driver sped off before the ambulance arrived because she was late! Urgh)

Our employee has the reg number and driver contact details, as well as police report, witness statement and doctors report.

She wants to claim for

1. New bike
   
2. Travel expenses incurred since the accident.
   
   

As the claim is for less than £1000, it doesn't seem worth employing a solicitor. Should she simply write directly to the driver's insurers with supporting documents to make the claim?

Thoughts/suggestions more than welcome.

Thanks!

Hiya,
Got taken out on the way to work yesterday, and would like to claim against the driver for damage to my bike.

I don't have 3rd party insurance to the best of my knowledge (alas my BC membership had lapsed. Sigh). If I make a claim, can he make a counter claim against me for damage to his car? I'm suspecting that if I call him up and ask him for his insurance details, he will ask me for mine, which don't exist. Foolish I know now.

I don't yet know if I can prove it was his fault, as I don't have any witnesses (I failed to ask those who did witness it, as I was a bit concussed and not thinking straight), and am going to try and get some CCTV footage.

Where does that leave me?

R.

Report the incident to the police.

Did the police attend?

Have you got household contents insurance? if you do you'll have personal liability cover which will cover you just the same as BC third party cover (other than cycle racing your household police doesn't cover that)

Best of luck with your claim

So today I received a very unpleasant left hook which resulted in me crashing into the rear quarter of the car in question.

It occurred at the junction of Graham Road and Navarino Road this morning.
I sustained what at the time I believed to be minimal injuries to myself or the bike but have later developed some fairly bad lower back pain.

Basically he came alongside/just past me and then immediately across the front of me to make his left turn onto Navarino Road.

I am yet to see a doctor as it wasn't until I was home this evening that the pain became worse.

The driver was apologetic and admitted it to be his fault after initially saying "but I was indicating" which then went onto "I didn't see you".

I have a phone number for him along with his number plate and the phone number of a van driver that was headed the other way along Graham Road but also turning onto Navarino Road.

First thing to do is to see a doctor and get checked up, what should I be doing after this?

All advice welcomed,
Thanks.