Knocked off by a teenager on a biycle

[Masked]

Hi,

Managed to have my first real accident yesterday and could do with a bit of advice;

Basically I was behind this lad on a bicycle and was waiting to overtake as there were oncoming cars. As I pulled out to overtake he swerved across the road without looking or any indication, presumably he was trying to get onto the path on the other side of the road. Ended up going into his back tyre and sliding up the road finishing up by the offside curb. The lad on the bicycle promptly scarpered but was chased back by a guy who saw it in his car He made him come back and claimed that he didn't realise he had hit me, despite me having a great big strip of rubber on my front mudguard from where I hit him.

I left my bike in a nearby drive and followed him back to his house to speak with his parents. Met his mother who came across as a bit of a drill sergeant but was sympathetic and she said that she would cover the cost. Went to report it to the police who were helpful at the time but, as I'd already realised, told me it'd be hard to claim off him as he's obviously not insured and I'm only covered third party.

I went to get checked over at A+E but just soft tissue bruising or something of the sort. Got a visit this morning from the police and they took a statement from me (I presume this is what it was but I've had anything do with them before) Officer who came to take it was a bit of a tit and seemed to be trying to get me to admit that I was to blame but I think what he wrote down was accurate (after plenty of corrections ).

This is the bit I need a bit of advice with, rang the boys mother this morning and she put me onto his Dad who pretty much told me to piss off and that he didn't realise why he should have to pay for my bike and then put the phone down, rang him back and hung up again.
Is there anyway that I can claim off them for my bike? I have 3 witnesses who all saw him swerve across as I was overtaking but being third party only I'm guessing insurance won't be much help. Would going to court actually achieve anything or should i just give up hope? attached is obligatory paint diagram and will upload a few pictures when I see the bike,

Many thanks

https://i224.photobucket.com/albums/dd286/Dave_M8_91/crash.jpg

[chris-red]

Minus 1000 man points for hitting a bicycle crashing and not knocking the cyclist off.


I think you would have to take a up a private law suit against the parents (depending on the kids age) it all depends how much damage has been done to the bike, You have a witness which is a plus. I recon there is a fair chance you will win but it will take ages and cost money that you might not get back.

They may pay up as soon as you issue proceedings to them.


If you can't be bothered with the hassle, (I don't blame you) a couple of bricks through the car/house windows may be in order.
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[Visitor Q]

Much damage to the bike?
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[Jayy]

https://www.mib.org.uk/Home/en/default.htm ?

[Kickstart]

Hi

Don't think the MIB will cover it as cyclists have no obligation to be insured and their web site gives the impression that they are limited to situations where insurance is compulsory..

As such you are probably restricted to going to court. Would suspect the damage / injury is well within the bounds of the small claims court.

While the cyclist doesn't legally need to have insurance, many are actually insured as a consequence of their house insurance.

All the best

Keith
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[Masked]

Thanks for the replies, no idea on how much the damage to the bike will come to, is getting picked up by a bike shop for an estimate tomorrow, I'm guessing the cost will be about £300 but other than the cost of parts on ebay I have nothing to go on. Only the left side of the bike is damaged and the rear indicator protected the rear fairing bit but the front fairing has been torn in two, gear level bent into itself, the handle bar has also folded upwards and I'm guessing the front mudguard is cracked. Will teach me to buy a faired learner bike eh

If a court case is likely to take a long time I'll most likely not bother, but as you say it might give them a kick up the arse and get them paying some money out. The lad who hit me was 14, are parents obliged to pay costs?

Thanks for the advice and that link Jay, it might be useful.

[Itchy]

[Kickstart]

[John933]

Should have been in a car ... There is not much you can do ... Sound's like the dad's a prick ... Even if you win ... He wont pay ... If in the end he say's he will pay five pound a month ... Two moth's stop's paying ... Will cost you another £100 to get it back to court ... Cut your losse's ... And take the hit ... Now if you had run over him ... Would have been total different ...
John933

[neil.]

I think the fee to start a claim with the Small Claims Court is something 10% of whatever you're claiming, so £30 for you. Your CAB would be the best place to go to for more info, but if it is that cheap I'd take them to court over it.
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CBT February 2008 | A2 June 2008 | Yamaha YBR125 (written off) | Honda CBF125 (current)

[Masked]

Many thanks for the replies, biggest problem I've got with all this is my ignorance as to what the procedures actually are so cheers for all the suggestions. Sounds as if small claims court is the way to go, all I'm wanting is to cover the cost of damage to the bike not particularly interested in recovering loss of earnings or anything else that may make them less inclined to pay.

God knows how he stayed on his bike just found cable for my phone to show some pictures I took last night, sorry for the awful quality was still a bit shakey.

Picture of front mudguard showing rubber off his tyre

https://i224.photobucket.com/albums/dd286/Dave_M8_91/DSC01444.jpg

and DIY raised bars

https://i224.photobucket.com/albums/dd286/Dave_M8_91/DSC01447.jpg

https://i224.photobucket.com/albums/dd286/Dave_M8_91/DSC01446.jpg

[Kickstart]

Hi

Get the quote done. Then write a polite letter (get others to check it before you send it!) with a copy of the quote requesting payment.

Once he has refused to pay up / ignored it for a while then go to the small claims court and fill the forms in.

All the best

Keith
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[Luke_Retrofly]

Keep copies of everything, including recipts for recorded deliveries etc!
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Fuck you bitch I'm in the top 10 list I can do the what the fuck I want!

[BlackStallion]

I can't believe the cheeky little fucker said he didn't realise he hit you!?

That rubber on your mudguard proves the impact was enough for anyone to notice, and the fact he pissed off. If it wasn't for the witness that chased the twat, i'd have ran after him, i would've been fuming

His dad seems like a cock, but if his mother agreed to paying for the damage, can't you bring that up? Pity you didn't record her saying that, could of been useful in court.

All i can do, is wish you the best of luck mate, sorry to here about the spill, i just hope you get something out of the little shits parents. I feel for 'ya buddy, hope all goes well

[and]

...

[Hetzer]

Initially I'd be inclined to recognize it was just a kid and c'est la vie. There was no malice in it. Problem is with the way the father has behaved, as I'd go from being quite 'meh' to deciding some windows needed to be broken. I find it quite hard to tolerate that kind of arrogance and disrespect from somebody over something for which I'm entirely blameless and has cost me considerable money. Especially when one knows it's most likely some been-nowhere, done-nothing non-entity playing the big I-am in front of his missus.

But shinola happens in life and we can't expect every molecule to be perfectly regulated. If a deer had run out and had you off...try and think of the kid as a deer I suppose and give the twat of a father a let. He's probably just a another scared little man with financial burdens up the kazoo.
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[Visitor Q]

Agree with Hetz.

Perhaps popping round, mentioning that you have a pretty good case that could go PITA for the guy if he wants to continue being a dick.

Or you can just get the stuff off ebay for X amount (CBR 125 parts should be all over the shop) and fit them yourself. And give him the relatively tiny cost.

It will be good practice for you and should stop the insult irking you so much.
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China traffic/travel bike vid - When I make a sweeping statement, please add the word 'statistically' in to the sentence before you bitch...
From September 2014 to January/February 2015 I will not be using any English, nor reading any. As such, I won't be on here. PM at will, but I won't be checking/posting unless in emergencies. Certainly not for the first couple of months. Please berate me savagely if I break that rule...

[iooi]

Sounds like a case for the No win no fee mob

Only thing i would worry about is you hit the back of him.... Despite the witnesses.

Something that has been touched on here is that even if you win in a small claims court you will have to do a lot of leg work if they don't pay up. And you are looking at chasing a minor who has no income.
So could be looking at getting very little a week if lucky. Best guess is parents have NO libility at all. As he is over the age of responsibility.

Small claims info Be aware that you cannot claim against a child... But it does not seem to indicate what age that is.
Here as well
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Just because my bike was A DIVVY, does not mean i am......

[Redoko]

What Bonny said, keep receipts etc... Go to his house, calmly tell him you're willing to take this to court to settle it and that you have a good case.

If he still doesn't want to settle it outside of court then take him to court.

It's the only way those tw@s will learn.
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[waffles]

I wouldn't go to their house, send everything by recorded delivery so it gets signed for. If the dad is as much of a cock as he sounds then constantly harassing them at their home may result in you getting a visit from the boys in blue. You are the victim, don't let them get any leverage over you at all!

Go to CAB then persue through the small claims court. If anything it will teach the kid to look before he swerves around the road on a pushbike.

You OK now?
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Past rides Yamaha XT125X, Triumph TT600, Honda XR250
Current rides Suzuki GSXR 600, Honda MSX125

[Hazylogic]

Nobody has mentioned that they would send the heavy mob round yet, which for bcf, is slightly disappointing.

fuck receipts and that bollocks - I have created your ultimate revenge plan!!!!!!!!!!!!

I think you should make some miniture stickybombs - ala Saving Private Ryan - hide in a ditch and when the lad goes passed on his pushknacker, lob one of the back wheel and watch it go kaboom.

However, even though the stickybomb recipe seems fairly straightforward - sock, explosive, tar - I'm sure you will have difficulty getting a miniture sock.

Therefore, I'd suggest sticking to my original premise - hide in a ditch - but instead of a stickybomb, just jam a pointy stick in his frontwheel.

You will also need someone there to film it for it to be absolutely perfect.

Then in the aftermath, whilst the kid is shrieking, and his wrists are flopping about as they are broken, you could say something pithy like 'I didn't realise I hit you' and turn to the camera looking all smug - for this last part envision Ahnold in Predator, when he says 'stick around.'

Yes it is far-fetched, but it's just so crazy, that it just might work!

[Masked]

[Kickstart]

[Keir]

sorry, are you saying that you was behind him then as you overtook he turned and you hit the back of him? If thats the case id say it was your fault and you'll be lucky to get anything.
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[Mrs Kickstart]

You can more info here

It is very important any corespondance is sent to the person you hit not the parent. On the court forms the will be something like fred blogs child of harry blogs.. Speak to the court to ensure correct wording.

Before you can go to the court you need to send formal requests for the money. Everything should be sent signed for delivery and keep a full track of all letters. It may be appropiate to copy the parent in a seperate letter. Do not hand post the letters.

Good luck
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