Hit by a bus

it must be because it is in the private area.. thread is called 'What to do in case of sn accident - Now with civil info'
Here is a cut-and-paste of the first post (hope this is ok):

What to Do in Case of An Accident - Now with civil info

 Some of you know that I've been fighting the man getting them to reopen a pretty f*cked up road rage case. 

I thought it might be helpful to outline the stuff that the cops etc have told me in my dealings, as much of the problems regarding the case stem from what happened AFTER the accident/crime and not what happened during.

Maybe other people would like to add FACTS here.

IF YOU ARE HIT BY A CAR

• **First and foremost get a MINIMUM of TWO independent witnesses. **Get their names and phone numbers. Ask them for a business card if possible. If they don't have a card, make small talk, ask what they do for a living or if they live in the neighbourhood. DO NOT just hand that over to the cops. Write the details down separately and give that to the cops. KEEP DETAILS SAFE.
  Why: The cops and crown prosecution rely heavily on witness statements. They are also very good at losing them or 'forgetting to follow up. If the case goes to court, it will likely be up to a year before the trial. That is a very long time to allow the cops to lose stuff. Also, London's a transient city, by the time the case goes to trial one of your witnesses could have easily moved to another country, or moved house, or gotten another number. Having the business card and knowing what they do for a living can be very useful for the cops and you to track them down.
  
  

-Take a look around. Write down every CCTV camera you can see. Make a note of whether it's privately owned (banks, night clubs, etc) or whether it's city-owed. On your report, make a list of these.
Why: In our case when I asked if the cops checked CCTV footage, they replied "We weren't told there were any". By that time it was too late for them to be checked.

• Don't just get the registration of the car, try to get the driver's license/home address, etc.

• Don't discuss what happened with the driver. Politely say that you'd rather wait for the cops to sort things out. Make it light but forceful.

-If the driver offers you money on the spot to solve the problem understand that the exchange of money can be looked at as a contract. Don't expect anything else from that point on from the cops or the driver. What you walk away with in your hand is all you should count on.

• If you go to the police station. This is VERY important. Second guess the desk officer regarding whether or not you've been given the right forms.
  If you were hit purposefully/with intent/due to gross negligence/through anger or aggression- This is a CRIMINAL offence. You need to be filing on the CRIMINAL Offence form.

     If it was a traffic ACCIDENT then you need to be filing a TRAFFIC Offence form.
      Why:  The forms go to two completely different groups of officers. If a traffic accident is looked at by a criminal cop, they tend to push it aside because they investigate criminal offences, and it won't fulfill their criminal requirements. And vice versa. HOWEVER, station cops may hear "I was hit by a car" and just assume it was a traffic incident. If the driver hit you PURPOSEFULLY it is likely to be a criminal incident and you need to push it to be looked at like this.
  

• If cops come to the scene, make a note of the "Investigating Officer's" name and badge number. Casually encourage proper note-taking. Point out (as above) whether you believe the incident to be traffic or criminal.

       Why:  S/he is responsible, more than anyone else, for whether or not your case is handled properly. Befriend them. 
  

-** If you report the incident at a station,** you will have to fill out TWO different sets of very similar forms. The first time at the station and the second time about 6 weeks later. This 2nd set is what the cops send out to you and what they send to the CP. This 2nd set is VERY IMPORTANT. The Crown Prosecution is who decides whether or not a case is going to go to court and what the correct charges will be. Treat this 2nd form as if you've never told your story before. Get out those business cards, rewrite the witness information, and the list of CCTV cameras. Include the investigating officer by name and badge number to show you are to be taken seriously. Include anything of importance that s/he said at the time, anything the witnesses said to you, and anything the driver did afterwards.

• Remember! The driver could have a very different story than you do. This is where the strength of your case relies strongly on your witnesses.

• If there was damages to your property be thankful! This is the only way you can take a driver to civil court (if need be). This is also the only likely way you will get help from lawyers. It sucks, but money/property talks. Injustice doesn't mean a whole lot. Make notes of each part of your bike that was damages, supply receipts or store information proving how much it is worth. Take photographs of the damage AND take it to a bike shop and ask them to appraise/explain the damage in writing. Include any time spent off work/lost wages, etc..

-** DO NOT RIDE YOUR BICYCLE AWAY FROM THE SCENE!!! **If the cops/driver see this they may not understand that it was indeed still damaged. While your down tube is dented and therefore your frame is worthless, they may not understand that you risked it and still rode it home. If the next day you wake up sore from neck to toes they may not understand why the adreneline you felt when you were hit allowed you to ride a bike.

ARE YOU HURT?

• If you are hurt, don't be a tough guy. Go to the hospital/your GP. Get a letter from them explaining your injuries. While a good case of road rash may not be life-threatening it may make you unable to ride/walk/work properly. This is important to note. If you get a later infection or later bone/muscle problems it will make it trickier to prove.
  
• If you have adreneline pumping through your veins you may not realize you are injured - go to the hospital.
  
• If you have a scrapped up knee, you are injured, go to the hospital.
  
• I have straight forwardly been told by the police to go to the hospital if there is any injury at all. Tell the doctor that you will be taking the case to court and could s/he please take detailed notes.
  
• I have also been told by the cops to take pictures once the swelling/bruising sets in, in other words when it looks really bad. The cops want to punish people, they need evidence to do this.
  
  

-Above all,** BE PERSISTENT!** Make one day a week, 'call the cops day'. Check in on your case. The cops "stretch the truth" and are lazy/very busy. Don't believe anything they say like "we're working on it" or "we'll call you". You do the leg work. If one officer doesn't help you ask for his/her superior. Call them by their name and be polite.
Don't ask questions like "Could you check into that?" Instead say things like "When you check into that will you call me with a follow up?" Then when they say "Yeah, sure.." Push further (but politely) with statements like "And when can I expect to hear from you?" Remember cops have been drilled/brain washed to work in a 'fill in the boxes, dot the I's sort of way',they rely on a chain of command to know what's right or wrong. So if they are a good cop, reward them. Thank them for their help. Be very nice. Bow down to their wise moves. If they are a bad cop, admonish them, point out that you are not happy with the way they are "serving" you. Ask to speak to a superior. Again politely.
If a cop says they'll have to call somebody else or somebody else is in charge of something, get that person's name and contact information. Call them. Tell them who told you to call them.
If a cop blames you for ANYTHING (i.e. wrong forms, not calling, shouldn't have been riding so fast/without a helmet) remind them that it is not their job to blame the victim but their job to assist them.

DO NOT GET ANGRY/RAISE YOUR VOICE/SWEAR. Cops rely on winding you up. The second you yell or use a swear word they have a legal right not to have to talk to you. Also, psychologically you are undermining their sense of authority which is all they have. This doesn't do you any good. Continue to remind them that they have the "power" to assist you. Not all cops wanted to become police officers for the power trip, some actually, in the back of their brain, honestly wanted to help out society. Appeal to that part of their brain. Put them in your shoes, "I'm sure you can understand why I'm so frustrated", etc.

*Keep a folder containing:*
[B]reference details (numbers, officer names, etc)
witnesses details
driver's details
photographs of your bike and black eyes
officer names (every one you ever speak to)
dates and times you made phone calls. Write a quick note of what was discussed each time.
Any other places you complained/talked to (see below)

There are people out there who can help. I recommend two:
Road Peace - A non-profit that deals with road-user's rights.
Your MP - They may want to silently watch the case, but they are there to assist you.

If the driver was a "professional" driver complain to their profession's headquarters.
TfL if it's a bus
Public Carriage Office if it's a black cab.

If they are driving a company van/car get the details of their company and complain to the boss.

If you would like to sue in civil court you want to go to this page to start with. You can only sue for money, not emotion or injustice. So for things like a fucked up bike or time off work due to the accident. If you have already accepted an insurance pay out then you may not be eligible to sue so check with a solicitor before accepting any compensation if you think you may like to take the case further.

The case can create precedent. This can be a great thing for future injured and suing cyclists. Their lawyers can point to the case as reference. However, if you lose it can create precedent that makes it harder for other cyclists. This is one of the greatest reasons to follow through on cases that are obvious wrong-doing and why not to follow through on cases that aren't (i.e. he hit me, it was totally his fault but I was drinking for the last 8 hours and there's proof of that). In no way do I want to sound like I'm blaming the victim here, but chances are you will be blamed at some point in the course of the trial so just be ready with your defense (i.e. it doesn't matter what I was wearing or how much I drinking or if I was flirting or if I went home with him, it didn't give him permission........you get the idea. Justice is cold.)

I believe that Statute of Limitations for cases is: **
6 months for Traffic Court
No SoL or One Year for Criminal
no clue about civil

**If you know better can you correct/back up these times?

I hope this helps you. x