• Just spent 9 hours in hospital being prodded and x-rayed having been hit by a car in essex this morning. I was conscious but on the deck after the impact and know there were witnesses, and the policeman that was on the scene came to the hospital to tell me the driver had been charged with dangerous driving (he basically deliberately cut me up on a roundabout at speed) but I don't know what this means in terms of do I still have to chase them up/push for justice, or given that I was whisked off to hospital and clearly the victim, it should speak for itself? I've got the incident no. but obv. no witness details-can I get them from the police? I've yet to give an official statement so want to go through this thread in detail and get my shit together so this stupid prick gets the sentence he deserves.

    I'm a bit edgy as I've always had the impression the police want nothing to do with these sorts of things, and the policeman went from saying 'the driver hit you' to 'the driver clipped your front wheel' (I remember pounding into bodywork, and my front wheel is fine as my pelvis and shoulder took the impact), and I'm freelance doing a physical job, so if I can't work for even a couple of weeks, I be fucked.

    Studpidly been meaning to join CTC for ages and put it off. Will be joining tomorrow.

    Read the thread and you will have your answers.

    I had a crash at the Weekend on my old dawes, I wanted to get back on the road as soon as possible so have allowed the drivers father to buy me a replacement bike. Am i likely to have invalidated any claim by doing so?

    Also i was filtering through traffic down the left hand side, when the vehicle coming in the opposite direction took a right turn into a minor road and collided with me. Is this going to be classed as my fault, her fault or a proportion of the blame going each way?

    Probably partial blame on each party. I suspect that it depends how fast you were coming out from undertaking the car. I don't think anyone broke any laws in this case as the law is defined in the highway code as "MUST". It does say "stay in your lane if traffic is moving slowly in queues. If the queue on your right is moving more slowly than you are, you may pass on the left", but also "only overtake on the left if the vehicle in front is signalling to turn right, and there is room to do so".

    If you accepted any money for injury or loss of time then this will have invalidated any claim. Accepting a replacement bike may be "acceptance of liability" from the driver or "acceptance of settlement" from you, or both. You're best off contacting some specialist solicitors because this is quite a complex case. What kind of injuries do you have?

    Edit: By the way, if you're each 50% liable then the driver is 50% liable for your injuries and bike damage, and you're 50% liable for the driver's car damage (presumably no injury). With "50%" meaning 50% of what you would pay if it was entirely your fault.

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