Advice needed in getting driver to pay for a bike after accident

TLDR; Driver agreed to pay for cost of front wheel, but after crash assessment I have been told I need a new bike. I am worried that the driver will not pay for this higher cost, as he has been fairly difficult to deal with so far.

I was involved in an accident with a car. I was cycling straight through a 4 way junction. I went through on a green light and the lights turned amber as I was going through the junction. A car, coming from the opposite direction and turning right, cut me off. He saw me very late in the turn. I tried to avoid by swerving left, but it wasn't enough and I went on to the bonnet and bounced off onto the road. My bike went over me and hit the car too. The car windscreen was cracked in the process.

Somehow I wasn't badly hurt, although I was very shaken. The driver immediately got out, asked if I was okay, and called an ambulance.

• There were two separate witnesses who come up to me during the wait. The first one asked if I was okay and told me that I should ask the driver to pay for any damages. Unfortunately I was too shaken up to take her details. A second came up to me later and said she was in a car behind me and saw what happened. She offered her contact details to us on a sheet of paper, and the driver took it.

• The ambulance came and assessed me. I had a few scratches, and they took me to hospital for a trauma check, although they expected that I would be okay, which I was.

• The police took my statement before I went to the hospital. I described what happened, and also mentioned the witness.

• The driver and I assessed the bike and noticed the front wheel was buckled. We didn't discuss who would pay. The driver did say that he was used to turning right on amber, and so had just gone right and hadn't seen me until very late. I think he was trying to imply that I shouldn't have been there.

• I didn't want to discuss who was to blame at the time as I was a bit shaken and didn't want a confrontation. However now I'm worried about that, as I think the driver may have taken this as in indication that I wasn't sure he was to blame. He also claimed that I tried to leave the scene straight away (I didn't try to do that). He told the police that in his statement and I told the police that was not true.

• Some days later I contacted the driver by text telling him that I thought it would be reasonable for him to cover the cost of the new front wheel. He texted back saying that he had already incurred a lot of expense with repairing his car, and couldn't pay me. I then called him. During the call he avoided admitting fault, but agreed to pay part of the front wheel cost as a goodwill gesture when I sent him a quote.

• During the call I suggested that we contact the witness so that she could give an objective account of what happened. However, he then said he has no recollection of the witness, or of her giving her contact details to him. I find this pretty suspicious. He said he would have a look in his pockets, but that they had been through the wash.

Some questions:

• How should I approach dealing with the driver now?
  
• I have been without a bike for a week now, and would like to get a new one ASAP. Can I do this, and try to recoup the costs from the driver later? Would this change anything?
  
• Should I ask the police about any CCTV footage? Or should I tell them that the driver doesn't recall a witness?
  
  

Any suggestions or advice would be greatly appreciated!

You should read this thread for a start;

https://www.lfgss.com/conversations/131099/

Are you a member of either British Cycling, the London Cycling Campaign or Cycling UK (formerly the CTC)? They all provide free legal services. But even if you don't then it's probably worth contacting a lawyer to represent you. I would personally recommend Leigh Day, who I used via BC, and they were excellent.

Solicitor. I used Slater and Gordon through the CTC when a similar thing happened to me, there are other favourites as well(as suggested above). Don't bother trying to deal with them yourself, just make sure you keep all details of communication and also a good record of any costs you have incurred (inc. travel expenses while you have no bike).

solicitor, solicitor,solicitor.

Solicitor

He has to give you his insurance details by law. The Police would have asked for them.
Tell him you want them - if he does not deal or refuses contact Plod - simple as.

@user70009. Have you got a police reference number for the collision or the name of the officer(s) attending it? You need to have the details of the witness so ask the police for that and say that the witness gave the written details to the driver. Ask the driver for his insurance details or the cops if you don't want to deal with him anymore. From what you have said you are not blameworthy so a straightforward claim to his insurance first with photos of the damage and a report from your mechanic. Start notes on any costs that you are accruing and see how you get on initially. If you run into difficulties get a solicitor.

Hello all, Thanks for your advice! @Constable_Savage : I have a police reference number and the name of the officer; I will call them tomorrow and ask for the drivers' insurance details. I will also ask them if they can look over any CCTV, and if they have a record of the witness whom the driver claims not to remember.

Since I posted this the driver has informed me not to contact him or he will report me to the police for harassment (!?), and has given me his solicitor's contact. So he is obviously not planning on being cooperative. I will see if it's possible to deal directly with his insurance company, and if not will contact a solicitor as many of you have recommended.

Thanks again!

Get a solicitor

Stop fannying around, and follow the advice as per the thread @andyp directed you to.

@dancing james Sorry, forget to mention that I've read that thread too! I'll contact a solicitor

Hi and glad to hear your alright, in my opinion you shouldn't have much contact with the other motorist, if you were treated at the scene you don't need to worry about the driver suggesting you wanted to leave,( its also common to do so when in shock), as others have suggested its time speak to a solicitor and try to get on paper from the bike shop who checked your bike, what the resulting damage is, good luck.
Ps. you should pursue this with the intention of a new bike or of the value of your bike don't listen to the driver saying they have incurred costs because his insurance will cover his damage and yours, if as you said they were turning and you were travelling straight on they will be deemed responsible reguardless of the lights changing, I can't see his insurance company fighting this its cheaper for them to just pay you, you should give the witnesses details to your solicitor or write to them yourself and give their response to the solicitor,