Bike/Car crash - Driver wants to take me to court

when you said cycle lane, you mean you're riding close to the kerbs?

if so, were the tyres mark near the kerbs?

I was on the cycle lane side of the road, but not too close to the kerb. I find being in the outside of the cycle lane is generally easier for cars to see you.

as i said though, there wasn't a designated cycle lane on this piece of road

Tell him (if you manage to get in touch with him, that is) that you have a counter claim for the expensive bike he trashed with his insane driving + an additional claim for compensation for the head injuries and trauma.

When you fail to hear anything further from him, that is probably the time to pursue your claim as (it would appear to me anyway) that he IS just a chancer and didnt want to go through with anything.

You may even be able to use that fact against him in court

So if you show where you're tyre mark is and compare it to the rear end of his car it will give a clearer idea of where he was. Don't know if it'd stand up in court but it does build a picture

Tell him (if you manage to get in touch with him, that is) that you have a counter claim for the expensive bike he trashed with his insane driving + an additional claim for compensation for the head injuries and trauma.

When you fail to hear anything further from him, that is probably the time to pursue your claim as (it would appear to me anyway) that he IS just a chancer and didnt want to go through with anything.

You may even be able to use that fact against him in court

Counter claim sounds like a good way to scare him off. If its too much stress to deal with you can always drop your claim (provided he's dropped his by this point). Sucks to have lost out but better than getting a bill from the court.

this guy is obviously full of shit. I'd fry him if i were you.

If I were you I'd nail him in court (if it ever got that far) for trying it on and for trying to very cynically turn your misfortune and actual injury to his benefit, caused by his bad driving and lack of observation.

People like this are parasites.

Have you documented your injuries and their healing or the uncovering of additional complications? If not do so, make sure you go and see your GP so you have a record, keep a diary, take pics of bruising. You mention about mobility, if this does't considerably improve in the next 7 days go back to your GP.

I believe you have contact details now for an LCC lawyer so get on the case with them as soon as. Texting you about how much you owe him is despicable, I don't suppose he asked whether or not you could post the bits of his windscreen in your neck back to him. Wanker.

Beat him at his own game and get something out of for yourself - he's asking for it.

Don't text him back anything, make him sweat, only go through the lawyer.

Counter claim sounds like a good way to scare him off. If its too much stress to deal with you can always drop your claim (provided he's dropped his by this point). Sucks to have lost out but better than getting a bill from the court.

I threatened him with a counterclaim for my bike and time off work etc

he pretty much said 'thats fine, i don't give a shit lets take it to court I will win'

so it seems he is massively arrogant, which hopefully i can use to my advantage

The last of correspondence ended with something along the lines of 'clearly we can't come to an amicable agreement, so we have no choice but to let the courts decide' from him, although i am yet to receive a letter from a solicitor etc

If I were you I'd nail him in court (if it ever got that far) for trying it on and for trying to very cynically turn your misfortune and actual injury to his benefit, caused by his bad driving and lack of observation.

People like this are parasites.

Have you documented your injuries and their healing or the uncovering of additional complications? If not do so, make sure you go and see your GP so you have a record, keep a diary, take pics of bruising. You mention about mobility, if this does't considerably improve in the next 7 days go back to your GP.

I believe you have contact details now for an LCC lawyer so get on the case with them as soon as. Texting you about how much you owe him is despicable, I don't suppose he asked whether or not you could post the bits of his windscreen in your neck back to him. Wanker.

Beat him at his own game and get something out of for yourself - he's asking for it.

Don't text him back anything, make him sweat, only go through the lawyer.

I indeed have photographs of my injury at the time of the event, which i had a friend take for me while in the hospital. Im seeing a doctor again tomorrow just for a checkup, but fortunately my mobility is fine, although i have a permanent scar on my neck.

I have contacted LCC, with no response so I will try again tomorrow!

thanks for your input so far everyone

I have contacted LCC, with no response so I will try again tomorrow!

If you're a member, you should call the legal advice line directly. Have you been given the number?

If you're a member, you should call the legal advice line directly. Have you been given the number?

I am not a member, i tried joining but i do not live in london.

Ive just had an email back from the police, I asked for a copy of the drivers statement. The email is below;

"Dear Mr Whittle

Thank you for your email.

Please see the response from PC ******.

"Mr Whittle
The driver has made no statement other than the section in the Blue book.
The cycle rider was given details ref this accident at the scene and all information required to deal with it.
The blue RTC book is NFA and has been forwarded on.
PC **** ****** "

Kind Regards"

so it seems the driver failed to make a police statement. is that even allowed? could this be beneficial?

did the car overtake you at any point previously before pulling in to the side?

They should be made to do cycle training.

Make sure that you have notes / copies of all correspondence, including the initial offer that he asked.

If you claim, and he then counterclaims, the fact that he made an initial prejudiced offer of £1,000 means that he will be hard pressed to claim for anything more than that.

I have the copies, so i will look after those incase it does indeed go to court

His first 'offer' was infact £500, which he claimed was his insurance excess and 'damages due to his loss of no claims'

Why have they NFAd it? I would consider revisiting this - Any notion that the driver was driving without due care / dangerously would stand yo in good stead for any claims against him.

Fuck me, but the police always seem to be completely blase and lazy about cycling related incidents.

If the police state it as NFA (presumably meaning no further action?) then is that definitive? or it just means the police cba to do anything further?

I am not a member, i tried joining but i do not live in london.

You can join the LCC wherever you live, but you could also join the CTC. If you're in London a lot or want to support the LCC's work, it makes sense to join the LCC, otherwise try the CTC.

did the car overtake you at any point previously before pulling in to the side?

This is an important question. If he did, particularly if it was immediately before pulling in and braking, then you probably have a case. If he didn't i.e. you were both travelling at the same speed then he probably has a good case against you - failing to maintain a safe distance...
Even if it's the former I think the difficulty is going to be proving it without an independent witness.

Seem to remember a story in the news about a spate of insurance scams whereby people were deliberately causing accidents then pocketing cash from whatever action proceeded. There was even footage showing someone blatantly causing a shunt on a roundabout. The description of the incident seems strange and almost deliberate, so it just reminded me of it.

Anyway, good luck. From what you say, it's you who should be receiving compensation.