-
Sounds like he is after cash, possible he even caused the crash on purpose from your description? Was there anything to cause him to swerve in your path?
I say tell him to fuck himself and you will see him in court, which is unlikely as he is pressing you for cash I reckon he is a cunt/chancer.
-
Contact an LCC lawyer and get help, I'd suggest going after him too. If you were concussed as a result of his actions then you should get it thoroughly checked out and record all the damage to yourself, your bike, the time taken off work and any treatment you have to go to.
Whilst the standard guideline for cars is "the one who hits you from behind is at fault", it's worth pointing out that you are not a car and are not equipped with his brakes and would have no reasonable expectation that he would invade your space and then brake.
-
I say tell him to fuck himself and you will see him in court, which is unlikely as he is pressing you for cash I reckon he is a cunt/chancer.
On the same note: If he hopes to get his excess paid for, it means he wants to avoid getting his insurance involved. He caused this but doesn't want to pay in any way.
Sue his sorry ass... get an LCC or other lawyer involved.
I dislike ambulance chasing lawyers, but even if you got nothing I'd be tempted to have one take on the task ;)
-
Sounds like he is after cash, possible he even caused the crash on purpose from your description? Was there anything to cause him to swerve in your path?
He didn't do it on purpose. I don't recall seeing anything ahead to cause him to break. he didn't swerve so much, he was already too far left and went further.
Contact an LCC lawyer and get help, I'd suggest going after him too. If you were concussed as a result of his actions then you should get it thoroughly checked out and record all the damage to yourself, your bike, the time taken off work and any treatment you have to go to.
Whilst the standard guideline for cars is "the one who hits you from behind is at fault", it's worth pointing out that you are not a car and are not equipped with his brakes and would have no reasonable expectation that he would invade your space and then brake.
Ive recorded all the damage etc, as well as our whole dialogue. Ive a rather stiff neck with limited movement, and a scar down it from the glass ;-(
On the same note: If he hopes to get his excess paid for, it means he wants to avoid getting his insurance involved. He caused this but doesn't want to pay in any way.
the issue seems to be that he is claiming he was stationary in traffic, and i just decided to ride into the back of him. I can't prove otherwise, and the fact he moved his car before the police arrived doesn't help either.
Did you file a report with the police for the accident?
I made a statement then spoke with the officer later in the hospital. Ive tried contacting him again to read the statement the driver made, but am yet to hear anything...
-
the issue seems to be that he is claiming he was stationary in traffic, and i just decided to ride into the back of him. I can't prove otherwise, and the fact he moved his car before the police arrived doesn't help either.
Unless he has a credible witness it's his word vs. yours. So unless he can prove that he was stationary as he clams you're fairly safe.
-
there doesn't appear to be any, nor any witnesses
Does anyone have contact details for a lcc lawyer?
It sounds as if your case will be difficult, but this is all the more reason for involving a lawyer. As others have said, there are lawyers who specialise in these things. The LCC works with Levenes (http://www.levenes.co.uk/, if you're an LCC member, you get free legal advice), the CTC with Russell, Jones, and Walker (http://www.rjw.co.uk/), and lawyer Oliver Jeffcott is a member of this very forum (username ojeffcott) and comes very highly recommended by forumengers who have had to pursue cases. I'm sure there are plenty of others, but all of these are recommended. Good luck!
Oliver
LCC -
Unless he has a credible witness it's his word vs. yours. So unless he can prove that he was stationary as he clams you're fairly safe.
would the fact that he moved his car to 'hide evidence' hold any weight?
It sounds as if your case will be difficult, but this is all the more reason for involving a lawyer. As others have said, there are lawyers who specialise in these things. The LCC works with Levenes (http://www.levenes.co.uk/, if you're an LCC member, you get free legal advice), the CTC with Russell, Jones, and Walker (http://www.rjw.co.uk/), and lawyer Oliver Jeffcott is a member of this very forum (username ojeffcott) and comes very highly recommended by forumengers who have had to pursue cases. I'm sure there are plenty of others, but all of these are recommended. Good luck!
Oliver
LCCthanks for the info, i will look into them!
-
the fact he moved his car before the police arrived doesn't help either.
You're wrong, it does help.
You're not supposed to move a car if it's not blocking traffic (which it couldn't be for you to hit him on the far left), so by moving the car the only thing he's achieved is to weaken his argument because he's destroyed the scene prior to the police arriving.
He shouldn't have moved the car... you can use that against him.
In a 1 word against the other, everything that weakens his credibility is to your benefit.
You were also knocked out... you cannot know what happened during that time.
Is there no CCTV of that stretch of road?
-
Def go back to the scene and have a REALLY good look for CCTV, including anything from inside a shop/ bar/ casino/ bank etc that might covered the scene of accident. It's been nearly a week and many places delete as a matter of routine. If you can get hold of that then you're laughing. As others have said, do consult a solicitor. The driver sounds like a chancer relying on your ignorance of the law, and the longer you spend worrying about it, the better for him.
-
From a legal point of view, if you go into the back of someone, you were too close. You should always be far enough behind to stop safely if the car / bike in front needs to make an emergency stop.
Your counter-argument is that he moved into your path, and that is what caused the accident. You would need to show that you would not have cycled into the back of him, had he not swerved into your path.
In my view, it would be for you to show that show that he swerved to the left as the evidence points to you going into the back of him. On that basis, it is essential you get further evidence to support your position – eg witness evidence or CCTV footage.
-
Right so last saturday i was cycling along the road on the inside where the cycle lane would be.*** there wasn't a designated cycle lane***.
all of a sudden a car decides to brake sharply/suddenly but at the same time cuts up the cycle lane which causes me to crash into the back of him and go into his rear window.
i wasn't too close, or going to fast, but he cuts into my path so much so that i couldn't avoid him and brakes so sharply that i don't have time to stop. I skidded and slid the bike sideways into the back for the car which breaks the rear window.
thats all i remember as i was then knocked out for a few minutes and 'awake' sat against a wall dazed and confused. the driver has moved his car (presumably to hide the fact he was too far left) before the police arrive, who take details and statements.
the ambulance turns up and takes me to hospital for an X-ray and to pull the window from my neck...
a couple of days later the guy texts me and says the damage will cost just over £1000 to fix, but asked me to pay his insurance excess and some compensation £500 in total.
He is claiming he was stationary in traffic and not incorrectly positioned on the road (as i said, he moved his car before the police arrived) and therefore it was my fault.
I seek legal advice and speak to a number of solicitors and Citizens advice who say that i was not in the wrong, some even suggest i go after him for damages.
however I told him i was happy to let it drop as he needs a new tailgate/window and i need a new frame/fork/wheel (about the same cost)
he has just text me and declined letting it drop and after a number of texts/calls etc has just text me saying something along the lines of 'its obvious we cannot come to an agreement, therefore we must let the court decide'
I don't think that i am at fault, my bike is totalled, i was injured and lost a number of days of work.
where do i stand?
No cycle lane.
-
hang on a minute. if he were stationary in traffic:
where are the witness statements from the drivers in front (if not) behind him to attest to this?
if he were stationary in traffic I trust there are no tyre marks in the road (assuming he made some kind of effort to stop)?
if he were stationary I presume that he will be giving a witness statement to that effect which will of course amount to perjury?
-
You're wrong, it does help.
You're not supposed to move a car if it's not blocking traffic (which it couldn't be for you to hit him on the far left), so by moving the car the only thing he's achieved is to weaken his argument because he's destroyed the scene prior to the police arriving.
He shouldn't have moved the car... you can use that against him.
In a 1 word against the other, everything that weakens his credibility is to your benefit.
You were also knocked out... you cannot know what happened during that time.
thanks for that, that first sentence could be of benefit!
i only know that he moved his car as the police questioned me about it with something along the lines of 'why is his car all the way over there?' i presume there was glass all over the road where the incident did intact happen.
From a legal point of view, if you go into the back of someone, you were too close. You should always be far enough behind to stop safely if the car / bike in front needs to make an emergency stop.
Your counter-argument is that he moved into your path, and that is what caused the accident. You would need to show that you would not have cycled into the back of him, had he not swerved into your path.
In my view, it would be for you to show that show that he swerved to the left as the evidence points to you going into the back of him. On that basis, it is essential you get further evidence to support your position – eg witness evidence or CCTV footage.
yep he moved (even further) into my path.
i guess its the same as a car driving along the motorway in the outside lane, with a similarly fast car in the middle lane just behind, at which point the outside lane car decides for no reason to cut into the middle lane and brake causing the car in the middle lane to crash into the back of it
hang on a minute. if he were stationary in traffic:
where are the witness statements from the drivers in front (if not) behind him to attest to this?
if he were stationary in traffic I trust there are no tyre marks in the road (assuming he made some kind of effort to stop)?
if he were stationary I presume that he will be giving a witness statement to that effect which will of course amount to perjury?
there were no cars behind and i don't think any of the cars in front were aware of the crash, so i doubt there were any statements
i went back to the scene a few days later when i was out of hospital/mobile again and i didn't see any skid marks from the car (although i guess it would have had ABS) but i did see a clear skid mark from my rear tyre
his statement was indeed that he was stationary
mustardbeak
Velocio
tynan
deleted
harrong
hippy
O'Shane
Oliver Schick
TM
tallsam
beanpie
ojeffcott
Dammit
andy.w
princeperch
edscoble-
Post a reply
About
Bike/Car crash - Driver wants to take me to court
Posted by
@whittle
Right so last saturday i was cycling along the road on the inside where the cycle lane would be. there wasn't a designated cycle lane.
all of a sudden a car decides to brake sharply/suddenly but at the same time cuts up the cycle lane which causes me to crash into the back of him and go into his rear window.
i wasn't too close, or going to fast, but he cuts into my path so much so that i couldn't avoid him and brakes so sharply that i don't have time to stop. I skidded and slid the bike sideways into the back for the car which breaks the rear window.
thats all i remember as i was then knocked out for a few minutes and 'awake' sat against a wall dazed and confused. the driver has moved his car (presumably to hide the fact he was too far left) before the police arrive, who take details and statements.
the ambulance turns up and takes me to hospital for an X-ray and to pull the window from my neck...
a couple of days later the guy texts me and says the damage will cost just over £1000 to fix, but asked me to pay his insurance excess and some compensation £500 in total.
He is claiming he was stationary in traffic and not incorrectly positioned on the road (as i said, he moved his car before the police arrived) and therefore it was my fault.
I seek legal advice and speak to a number of solicitors and Citizens advice who say that i was not in the wrong, some even suggest i go after him for damages.
however I told him i was happy to let it drop as he needs a new tailgate/window and i need a new frame/fork/wheel (about the same cost)
he has just text me and declined letting it drop and after a number of texts/calls etc has just text me saying something along the lines of 'its obvious we cannot come to an agreement, therefore we must let the court decide'
I don't think that i am at fault, my bike is totalled, i was injured and lost a number of days of work.
where do i stand?