-
• #27
Going to go against the grain on this one.
He had his hazards on did he not? warning of a potential hazard. you rode through the oil? you slipped. unless you colided with something or you where travelling at over 30 mph i doubt you could do much damage to you or your bike really.
If you where caning it, and you have damaged you bike i apologise. it just sounds all a bit 'light'.
The fact he hit you is out of order though and thats worth reporting, but if that had been me and you asked for insurance details you would have look'd like you where 'trying your luck'.
-
• #28
If the driver was confident that he was in the right and was under the impression that Marky was chancing it why didn't he just give up the details.
After all an innocent man as nothing to hide.
Instead he decides the best plan of action is violence.... that's a good judgment call.
-
• #29
Someone hit me front on in camberwell the other day (his fault), wish I'd sued him now..... However I figured the damage to the front of his car and the fact that my bike is ok is enough recompense.
-
• #30
@ unklesouth
The driver rear ended another car: Negligence
An oil spill was caused by that negligence.
Mark, riding along the road as is his entitlement, skidded on the oil and may have been injured or had harm done to his bike. The proximate cause of the injury or damage must be the driver's negligence. The driver is therefore liable to Mark.Please explain how that is "trying your luck"? Or doesn't English law pervade south of the river?
-
• #31
If it came from his vehicle (the oil) then the driver has a responsibility to protect other road users from the hazard that it presents.
If his front bumper was lying in the road and Markyboy had hit that whose fault would it have been?
Oil is more of a hazard because it is much more difficult to spot than a large item such as a bumper, but equally as likely to cause damage if it takes you off the bike.
If the driver had been standing infront of the oil directing traffic around it and Markyboy had ignored him and fallen then fine, not the drivers fault.
In this case I'd say that the driver should have taken responsibility for what had happened, and he certainly should not have resorted to physically attacking someone with a legitimate claim for insurance details.
-
• #32
Cliveo said it better than I did, up until his ghastly slur on those of us who choose to live South of the river anyway.
-
• #33
sounds like the guy was having ashitty day, but what the hell, swinging at a total stranger with a massive lump of metal!hope youre okay Marky
-
• #34
I hate violent bastards more than all the other sorts of bastard. Go get him, Marky.
-
• #35
@ unklesouth
Please explain how that is "trying your luck"? Or doesn't English law pervade south of the river?
Racist
-
• #36
^
place-ist -
• #37
Finish him, Mark... Lots of mardy wankers on the road atm... :/
-
• #38
Lots of mardy wankers on the road
Fixed
Off topic - Roberts looks amazing in the flesh, better than pictures, sorry I had to 'run' off.
-
• #39
Sorry to heat that, I hate these tw*ts
Unhelpful comment:
Get someone to really mess up your hand even more, then see if you can get him for Section 20 GBH. If you can prove he intended to cause harm (section 18 GBH), and I recon going to the boot for a big metal object might constitute that, then he might get some nick time.
End of unhelpful comment.
Although you already have grounds for section 24 ABH assault. He would defiantly still get a firm telling off.
There's a lot or murky waters about what happened (could he argue that he was just removing the jack from the boot at the time and it was just in his hand when he swung at your phone to knock it away, etc.). The issue of "intent" can be tricky. Especially as you may have limited witnesses (did you get the bus driver's name BTW) and no confirmation of how good/grainy the CCTV might be?
The reluctance to give details after the crash could be just being in shock after the crash, but it sounds suspiciously like no insurance. So whilst in most instances I'd either choose to lay into him, or just treat it as a disagreement between men and let it go, in this case, I would go to the police purely on the grounds that he may have been driving with no insurance.
Let us know how it goes today...
-
• #40
Finish him, Mark
+1
-
• #41
Gizmond - you are right. That was a particularly unhelpful comment ;o)
It could result in:
a. Serious injuries to Mark's hand
b. Doubt being cast over any civil or criminal claim against the tortfeasor
c. Prosecution for perjury/attempting to pervert the course of justice/wasting police time.Mark - DON'T do it.
-
• #42
Gizmond - you are right. That was a particularly unhelpful comment ;o)
It could result in:
a. Serious injuries to Mark's hand
b. Doubt being cast over any civil or criminal claim against the tortfeasor
c. Prosecution for perjury/attempting to pervert the course of justice/wasting police time.Mark - DON'T do it.
I forget there are people that might miss understand the whimsical nature of my post, even given the 'unhelpful comment' parentheses.
P.S Mark - DO IT :-)
P.P.S Finish Him!
-
• #43
he' caused actual bodily harm- therefore an offence, report to the police- the other driver of the car run into would be a witness?
damaged bike, body, clothes- as result of the fall, claim against the insurace co
-
• #44
I think i've got to change my approach when this type of thing happens to me.
Generally i just brush myself off, shout some abuse then scarper.
The too lazy to get things sorted out approach.....is the wrong one it seems.
Good luck with the report.
-
• #45
Right, well you've all been debating, I've been at the cop shop - not where I'd normally like to spend an hour of a sunny afternoon, but there you go.
Just to clarify some stuff: -
-The driver of the vehicle he rear-ended wasn't there, so not a witness
-The bus driver stopped whilst turning right out of John Islip Street and yelled at the guy to stop or he'd call the police, and that he would be on CCTV. Stupidly, I didn't get the bus driver's details, I was too busy trying to make sure I didn't get hit again.
-The bumps and grazes from falling off in the first place are worse than the bruise on my hand from being hit with the car jack, so I'm not interested in any claim or compensation for injuryAs for the driver - he probably was doing all he could, hazard lights on and waiting for assistance - he couldn't do much more. But that isn't my problem. I came off because of him and the oil from his car - an accident I know, but that's what his insurance is for. Too many times I've brushed myself down and gone on my way, and then had to pay to get damage put right, so I wanted his details just in case. As it turns out, I probably wouldn't have followed it up, no need. So the issue isn't the original off, it's the fact that he unreasonably refused to give me his details and then threatened me with a big lump of steel and hit my hand with it when I tried to get details myself. For that reason, I feel fine about submitting a report to the police. I shall, of course, keep you posted as the wheels of justice grind slowly onwards - but that's it for now....
-
• #46
Cop shop fosho
-
• #47
Yeah, tap him up or he'll do it again.
-
• #48
Yeah, tap him up or he'll do it again.
Do it properly - put one in the chest to put him down, then double-tap in the back of the head to finish the job.
-
• #49
Some of these suggestions are not constructive. I am glad you are okay.
...why not carry around a car jack of your own in case this happens again? Make sure it is huge for that Crocodile Dundee moment "Nah, that's not a car jack ........this is a car jack!"
-
• #50
Yes officer, bike do get punctures too....
[URL="http://www.rapidpump.co.uk/Hydraulic%20Cylinders,%20Hydraulic%20Pumps,%20Hydraulic%20Motors,%20Hydraulic%20Valves,Rapid%20Pump%20Hydraulics/TrolleyJack_EPCO_80_T.jpg"][/URL]
yeah I'm not sure how much joy you'd get for the oil thing on it's own as you drove over it, but since he went all cavemen I think you have a duty to report him and make a claim