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Advice needed - failure to stop (other driver)

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Sauce
L Plate Warrior



Joined: 22 Jul 2010
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PostPosted: 00:48 - 20 Jan 2011    Post subject: Advice needed - failure to stop (other driver) Reply with quote

While riding home from work today a flat-bet lorry decided to pull out in front of me - despite a good effort, I couldn't avoid running into the back of it. He didn't stop.

By the time I'd picked myself up and got the hell out of the middle of the road, he was too far away to make out his number plate.

Obviously the first thing I did was report it to the police, but with a description of 'a flat bed truck with a white cab', I'm not expecting much from them. I'm on third-party only insurance and I can't place a claim with the MIB due to an untraceable driver unless the vehicle itself is found. Evil or Very Mad

The truck was coming out of a farm lane, so I'm going to check with them in the morning to see, first of all, if the truck is theirs/there or if I can get any other information from them regarding their visitors. If it is there I obviously plan on taking photos/video of any evidence (paint transfer etc.), but I'm not entirely sure how to handle the owner/person present.

I need to find out who was driving at that time without it sounding accusatory (if he really wasn't paying enough attention to a) see me b) have me hit him without noticing it shouldn't be too difficult, but if it was a deliberate failure to stop then he's obviously not going to offer this information knowingly).

Any advice much appreciated; and keep it legal please Wink
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Shaft
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PostPosted: 01:12 - 20 Jan 2011    Post subject: Reply with quote

Dare I say it, if you ran into the back of it, you're 99.9% likely to be considered at fault.

There are almost no circumstances where rear ending another vehicle is considered unavoidable, those that exist are very difficult to prove.

This might be an occasion where you have to suck it up and learn a lesson.
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c_dug
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PostPosted: 01:18 - 20 Jan 2011    Post subject: Reply with quote

My last crash I went in to the back of somebody and got 0 blame with no issues.

(I did have 4 witnesses including 2 police cars though)



If you go to the farm I would be a little privvy about why you are there until you are sure it isn't one of their vehicles. Can't see them being very willing to grass on their own driver, or a regular customer for that matter.

Did you have any witnesses?
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Sauce
L Plate Warrior



Joined: 22 Jul 2010
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PostPosted: 01:39 - 20 Jan 2011    Post subject: Reply with quote

Shaft wrote:
Dare I say it, if you ran into the back of it, you're 99.9% likely to be considered at fault.

There are almost no circumstances where rear ending another vehicle is considered unavoidable, those that exist are very difficult to prove.


Me doing ~55mph (limit 60) on a wet road and a truck pulling out ~30 meters in front of me (it's an angled junction, like a slip-road, so the rear of the truck presents itself rather quickly!) is one of those circumstances. His failure to stop and the accounts of the witnesses at the garage at the end of the farm track will no doubt support that.

I'm not so worried about being able to prove who was at fault, as much as I am about finding the guy responsible in the first place. He wouldn't be the first person to pull out in front of a biker without thinking/seeing, and since my only physical damage is a few bruises, I would be satisfied with having him stop and trade insurance details to cover my bike repair costs - that's life... but not stopping? There's no way I'm writing this off as hopeless yet - even if the legal case falls through, I want a face to put to my losses.
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ian789
Crazy Courier



Joined: 09 Apr 2010
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PostPosted: 01:43 - 20 Jan 2011    Post subject: Reply with quote

Had you been on the sauce? Wink
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 01:45 - 20 Jan 2011    Post subject: Reply with quote

Shaft wrote:
Dare I say it, if you ran into the back of it, you're 99.9% likely to be considered at fault.

There are almost no circumstances where rear ending another vehicle is considered unavoidable, those that exist are very difficult to prove.

I think he'd have a reasonable case legally. No doubt COULD have been avoided; but the law doesn't expect us all to be impeccable road users capable of avoiding every other numpty's problem.

The fact he left the scene of the accident (even he actually didn't realise, which is quite possible) gives the OP an even better chance.
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Shaft
World Chat Champion



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PostPosted: 01:51 - 20 Jan 2011    Post subject: Reply with quote

^^^^^ I still don't fancy the chances, particularly as the OP seems to know the junction layout fairly well, which might suggest he should've applied more caution, when approaching it at close to the speed limit, in adverse conditions.

Still, I wish him good luck, mainly because I think he needs it.
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Sauce
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PostPosted: 01:51 - 20 Jan 2011    Post subject: Reply with quote

c_dug wrote:
Did you have any witnesses?


Yes and no. The farm is behind a garage, and the people working there saw what happened (3 of them helped me out of the road) - but as to exactly how much they saw, and how much use it will be I won't know fully until I see them tomorrow to get their details (should have done it immediately, I know, but I was a bit shaken up, angry and not thinking all that clearly - they said they knew someone who might know who it was, so I left them with that task and said I'd be back in the morning).
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StevenF
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PostPosted: 01:57 - 20 Jan 2011    Post subject: Reply with quote

Were you injured at all?
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Sauce
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PostPosted: 02:13 - 20 Jan 2011    Post subject: Reply with quote

StevenF wrote:
Were you injured at all?


Minor bruise on my hip from the impact with the road, and pain in my foot from the bike landing on it. Not looking to claim anything injury wise, as it won't stop me from working (just be walking with a limp fora couple of days probably).

Know what you're thinking - it could have been a hell of a lot worse than it is, and I'm grateful for that... it doesn't make me feel much better about having a broken bike and no way of having it completely fixed anytime soon though! Like I said, had he stopped or I could at least track him down and get a reasonable excuse for his not stopping I'd be satisfied - accidents happen - I just want my bike back to the way it was, which I can't afford right now.
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Suntan Sid
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PostPosted: 08:27 - 20 Jan 2011    Post subject: Reply with quote

You’re not going to like this but:-

Having been in a similar situation many, many, moons ago, I would say forget it.

In my case I knew the vehicle reg., I knew the owners name and address, and it got me nowhere! Rolling Eyes

If the driver of the other vehicle does not admit to anything, it’s just your word against his.

Unless you’ve got witnesses, save yourself months of frustration and chalk it up to experience.

Sorry! Sad
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skatefreak
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PostPosted: 10:50 - 20 Jan 2011    Post subject: Reply with quote

Sid, i see where yr coming from but he does say he has 3 possible witnesses....

If a vehicle pulls out at the last second giving you little chance to stop (i'v had a close call by a pricks who seemed to wait untill i was 20 yards away...) then technically speaking, its their fault if they should give way as they are obstructing the highway...
A bit of a grey area i guess but without stopping for every car sitting on a slip road its going just to be one of thoes thing.

-Jvr
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Rogerborg
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PostPosted: 12:57 - 20 Jan 2011    Post subject: Reply with quote

Call SorryMate, or another bunch of ambulance chasers, and ask them for advice and suggestions.
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hellbound
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PostPosted: 13:45 - 20 Jan 2011    Post subject: Reply with quote

Flat bed truck + Farm lane = Possible Gypsy (travelling community for those PC people)
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ginllfixit
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PostPosted: 15:40 - 20 Jan 2011    Post subject: Re: Advice needed - failure to stop (other driver) Reply with quote

Sauce wrote:
...and I can't place a claim with the MIB due to an untraceable driver unless the vehicle itself is found. Evil or Very Mad



How come? I was knocked off my bike by a lovely chap who failed to stop, neither vehicle nor driver was identified and I still processed a claim with the MIB to cover loss of earnings, damages to bike, and personal injury for broken ankle.

Has something changed since then? (June 2009)
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StevenF
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PostPosted: 19:54 - 20 Jan 2011    Post subject: Reply with quote

Sauce wrote:
StevenF wrote:
Were you injured at all?


Minor bruise on my hip from the impact with the road, and pain in my foot from the bike landing on it. Not looking to claim anything injury wise, as it won't stop me from working (just be walking with a limp fora couple of days probably).

Know what you're thinking - it could have been a hell of a lot worse than it is, and I'm grateful for that... it doesn't make me feel much better about having a broken bike and no way of having it completely fixed anytime soon though! Like I said, had he stopped or I could at least track him down and get a reasonable excuse for his not stopping I'd be satisfied - accidents happen - I just want my bike back to the way it was, which I can't afford right now.


That's why I was asking if you were injured or not. If you were injured then the Police need to put in a report and they do the investigation of the incident and should try and trace the guy that hit you. But as you don't know the plate it could be quite hard, unless there was CCTV Question
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