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| notbike |
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 notbike World Chat Champion

Joined: 02 Apr 2014 Karma :     
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 Posted: 18:43 - 21 Feb 2017 Post subject: Cyclist runs red & hits bike, what do? |
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Hey fellas, this thread isn't about me thankfully, but looking for some advice for a mate as I have zero experience with this and don't know what he needs to do.
So from what my mate has told me:
Cyclist ran a red light, hit my mate head-on causing my his bike to slide down the road.
*inb4 poor obs.
Fairings, levers, handlebar, all damaged. Couple hundred quids worth.
Cyclist admitted fault at the scene, and then admitted fault over the phone next day (he didn't record the call though).
Lots of witnesses, my mate got some of their details.
Ambulance came for cyclist, cyclist says to my mate that he doesn't need to stick around so mate rides home before ambulance arrives (Why do I feel like that was a bad idea?)
Cyclist miraculously isn't too badly injured. (Established over phone call next day).
At no point were police called.
Anyway, my mate has been in contact with the cyclist a few times since Friday and they seem like an honest person. Cyclist admits fault, agrees to pay for damage to bike. Gave cyclist quotes for damage repair on Monday, they've stopped replying.
He doesn't wanna go through insurance because in the long run he'd be shafted by inflated premiums even for a non-fault accident and thinks they might write his bike off making it harder to sell on later (lots of fairing damage).
Ignoring what he should've done differently, what should he do now? Does he report it to police, take cyclist to court, or call insurance? What happens next? |
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| Pete. |
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 Pete. Super Spammer

Joined: 22 Aug 2006 Karma :     
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 Posted: 18:48 - 21 Feb 2017 Post subject: |
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Get it reported to the cops and get it reported to the insurers ASAP. ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good  |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 19:55 - 21 Feb 2017 Post subject: |
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I can't see that anything criminal has happened yet. The duty to stop and give name and address only applies to the drivers of mechanically powered vehicles. At this point it's a civil wrangle over liability and monies.
Does matey-mate have fully comp insurance? If not, it's got nothing to do with his insurer. If it's "a couple of hundred quids worth" then that's likely to be in the order of his excess anyway.
Does he have an address for the lycromental? If so, invoice him now and start on the route to letter-before-action and then a small claim. But get in touch with the witnesses first, thank them for their help, and ask them for statements. He could simply print off a statement of what happened, and ask them to sign and date them. Those go in the "small claims evidence" file. I'd expect a no-show, a default judgement and a collections headache, but that's months down the line.
If he's only got a name / email / mobile number and can't find an address then he's on a bit of a sticky wicket. Coppers aren't going to care, phone companies aren't going to give him any details without some convincing looking legal nastygram. MIB won't care since it wasn't a motor vehicle. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| andym |
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 andym World Chat Champion

Joined: 16 Nov 2010 Karma :   
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 Posted: 20:11 - 21 Feb 2017 Post subject: |
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I know I'm going to get shit for this.... but doesn't it always turn out to be the motorists fault (be it bike, car, van, lorry or bus)
When I was learning to be a bus driver we were told at the training school that even if a cyclist goes through a red light and I have right of way, if they hit the bus..... it's my fault  |
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| notbike |
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 notbike World Chat Champion

Joined: 02 Apr 2014 Karma :     
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 21:11 - 21 Feb 2017 Post subject: |
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I'd get the incident reported to the police in case you get hit by a compo claim for personal injuries out of nowhere.
His cycling mates will be egging him on to do it as I type. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| TaffyTDM |
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 TaffyTDM Spanner Monkey
Joined: 15 Jul 2015 Karma :  
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| Commuter_Tim |
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 Commuter_Tim World Chat Champion

Joined: 08 May 2013 Karma :  
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| notbike |
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 notbike World Chat Champion

Joined: 02 Apr 2014 Karma :     
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| Commuter_Tim |
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 Commuter_Tim World Chat Champion

Joined: 08 May 2013 Karma :  
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 Posted: 21:43 - 21 Feb 2017 Post subject: Re: Cyclist runs red & hits bike, what do? |
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| notbike |
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 notbike World Chat Champion

Joined: 02 Apr 2014 Karma :     
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 Posted: 21:47 - 21 Feb 2017 Post subject: |
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fuck sake haha
I don't ride a CBR500 so it's all good, I'll post a picture of my bike with a custard tin later to confirm it wasn't me. |
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| TaffyTDM |
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 TaffyTDM Spanner Monkey
Joined: 15 Jul 2015 Karma :  
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 23:11 - 21 Feb 2017 Post subject: |
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| TaffyTDM wrote: | Not 100 per cent true rogerborg - if the reckless or careless cyclist was asked to provide an address by a person with reasonable grounds and refused an offence has been commited. S168 RTA 1988. |
Huh, good spot. I rarely read that far into the RTA.
Well, that's a reason to get Dibble involved. Report it as dangerous cycling (RTA S28, “dangerous” refers to danger either of injury to any person or of serious damage to property), and a refusal to give an address.
I'll be astonished if him-you get them to track the pedalist down, but I'd insist on a crime number just to piss on their stats. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| iooi |
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 iooi Super Spammer

Joined: 14 Jan 2007 Karma :    
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 Posted: 08:39 - 22 Feb 2017 Post subject: |
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I thought that in a RTA if a ambulance is called then the police have to attend... ____________________ Just because my bike was A DIVVY, does not mean i am...... |
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| bigdom86 |
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 bigdom86 Traffic Copper
Joined: 17 Jul 2015 Karma :  
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 Posted: 10:08 - 22 Feb 2017 Post subject: re |
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I hit a pedestrian who ran across the road between traffic with headphones on last year at about 25mph (claimed 10mph as traffic was stationary and witnesses agreed to speed). managed to keep bike upright but pedestrian managed to crack front left fairing, side fairing and part of headlamp housing. following lots of blood from cracked pedestrian head, ambulance and police attended.
immediately police said not my fault but said it was pretty pointless trying to claim any sort of compensation from pedestrian as it would get a bit of a sticky situation what with filtering and other bits etc etc etc. about £800 worth of damage, only cosmetic so have left it for past year.
unsure on what the deal is with cyclists but would think would be same as pedestrians, if only there was a way to make cyclists have some sort of insurance my 2nd accident was with a cyclist who suddenly decided he wanted to turn right without looking or signalling and just rode into the side of me and dropped, managed to stay upright again but it makes you wonder wtf people are doing these days |
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| TaffyTDM |
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 TaffyTDM Spanner Monkey
Joined: 15 Jul 2015 Karma :  
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| Monkeywrenche... |
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 Monkeywrenche... Nearly there...
Joined: 27 Mar 2015 Karma :   
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| iooi |
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 iooi Super Spammer

Joined: 14 Jan 2007 Karma :    
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| notbike |
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 notbike World Chat Champion

Joined: 02 Apr 2014 Karma :     
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 Posted: 18:00 - 22 Feb 2017 Post subject: |
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Update: Lycramentalist got back in contact with mate, is paying damages.
Ta for the ideas and whatnot though  |
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| Commuter_Tim |
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 Commuter_Tim World Chat Champion

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| Fin |
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 Fin World Chat Champion
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| notbike |
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 notbike World Chat Champion

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| stevo as b4 |
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 stevo as b4 World Chat Champion
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| M.C |
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 M.C Super Spammer
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| CaNsA |
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 CaNsA Super Spammer

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Old Thread Alert!
The last post was made 8 years, 253 days ago. Instead of replying here, would creating a new thread be more useful? |
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