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Cyclist runs red & hits bike, what do?

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notbike
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PostPosted: 18:43 - 21 Feb 2017    Post subject: Cyclist runs red & hits bike, what do? Reply with quote

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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PostPosted: 18:48 - 21 Feb 2017    Post subject: Reply with quote

Get it reported to the cops and get it reported to the insurers ASAP.
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Rogerborg
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PostPosted: 19:55 - 21 Feb 2017    Post subject: Reply with quote

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.
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andym
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PostPosted: 20:11 - 21 Feb 2017    Post subject: Reply with quote

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 Confused
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notbike
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PostPosted: 20:34 - 21 Feb 2017    Post subject: Reply with quote

Rogerborg wrote:
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.


Now I didn't know that, so that's something new learned. I thought you'd have to give details etc regardless of what you hit. I'd be fucked if I ever got into an accident Laughing

He's found her facebook, has her number, but no address which is irritating as that appears to be the only important detail.

Also he's only got third-party insurance.

andym wrote:
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 Confused


Tbf with the amount the government-to-cyclist fellatio going on it's no surprise that most people would think cyclists are exempt from taking any responsibility at all. How dare anybody suggest that they are even the least bit accountable for their actions? Laughing
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stinkwheel
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PostPosted: 21:11 - 21 Feb 2017    Post subject: Reply with quote

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.
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TaffyTDM
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PostPosted: 21:17 - 21 Feb 2017    Post subject: Reply with quote

Quote:
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


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.

If the aforementioned mate didnt, then of course no foul.
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Commuter_Tim
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PostPosted: 21:30 - 21 Feb 2017    Post subject: Re: Cyclist runs red & hits bike, what do? Reply with quote

Meef wrote:
Cyclist ran a red light, hit my mate head-on causing my his bike to slide down the road.

*inb4 poor obs.


Inb4 Freudian slip. Neutral
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notbike
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PostPosted: 21:39 - 21 Feb 2017    Post subject: Re: Cyclist runs red & hits bike, what do? Reply with quote

Commuter_Tim wrote:
Meef wrote:
Cyclist ran a red light, hit my mate head-on causing my his bike to slide down the road.

*inb4 poor obs.


Inb4 Freudian slip. Neutral


LOL fuck sake I laughed at this more than I should have.

@TaffyTDM That's useful, i'll ping that over to him. Maybe he should go police route. Would going to the police mean he must go through insurance?
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Commuter_Tim
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PostPosted: 21:43 - 21 Feb 2017    Post subject: Re: Cyclist runs red & hits bike, what do? Reply with quote

Meef wrote:
Commuter_Tim wrote:

Inb4 Freudian slip. Neutral


Maybe he should go police route. Would going to the police mean he must go through insurance?


Maybe you he should... Shifty Laughing (just joking, I'm not the right person to be giving advice on anything)
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notbike
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PostPosted: 21:47 - 21 Feb 2017    Post subject: Reply with quote

Laughing Laughing Laughing 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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PostPosted: 22:55 - 21 Feb 2017    Post subject: Re: Cyclist runs red & hits bike, what do? Reply with quote

Commuter_Tim wrote:


Maybe he should go police route. Would going to the police mean he must go through insurance


Must? No. But consider...

First, realpolitik is that you(r friend) would have to go down the station, wait in the queue and give over everything wrapped in a bow, witness statements any cctv you've noted etc all wrapped in bow. They will simply be too stretched to follow up a minor traffic offence otherwise. Even then there would be a 6 month time limit for prosecution and as it won't be a priority any thing longer than 4 months ago you can forget it.

So. Plod has found time to investigate, has identified and summonsed the lycraninja to court for dangerous cycling. Your mate will then be key witness and the case becomes public record. Assuming it goes your way, cyclist gets a couple of hundred quid fine, ordered to pay compo which he does at £1 a week cause skint. There is then a small risk that your insurance co find out and at that point declaring "I've been involved in no accidents" becomes problamatic" come renewal. It's small, but it's possible.

TL:DR - Much effort, little reward. Your mates call. Easier to get lance aemstrong to settle the garage bill
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Rogerborg
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PostPosted: 23:11 - 21 Feb 2017    Post subject: Reply with quote

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. Embarassed

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.
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iooi
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PostPosted: 08:39 - 22 Feb 2017    Post subject: Reply with quote

I thought that in a RTA if a ambulance is called then the police have to attend...
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bigdom86
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PostPosted: 10:08 - 22 Feb 2017    Post subject: re Reply with quote

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 Rolling Eyes 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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PostPosted: 16:00 - 22 Feb 2017    Post subject: Reply with quote

No reason why you can't it's just a cultural thing here that makes suing a spazzed pedestrian for frontal damage to your motor not quite cricket. In any case the highway code does offer the opinion that a pedestrian always has priorty on a road, so other than it happening on a motorway or prohibited a road your chances are slom

Compare and contrast to germany, where Mrs Taffy, as with most others, had public liability insurance to cover exactly that, cars swerving around the household cat etc etc. There it would be seen as the right thing to do if the pedestrian was careless.
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Monkeywrenche...
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PostPosted: 16:31 - 22 Feb 2017    Post subject: Re: re Reply with quote

bigdom86 wrote:
if only there was a way to make cyclists have some sort of insurance


some home contents policies have public liability cover which includes cycling and pedestrian accidents I believe.
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iooi
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PostPosted: 17:39 - 22 Feb 2017    Post subject: Re: re Reply with quote

bigdom86 wrote:
if only there was a way to make cyclists have some sort of insurance Rolling Eyes


Many do actually do have 3rd party cover if they are in a club or some of the bigger biking groups.

OP's friend needs to be chasing this up.
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notbike
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PostPosted: 18:00 - 22 Feb 2017    Post subject: Reply with quote

Update: Lycramentalist got back in contact with mate, is paying damages.

Ta for the ideas and whatnot though Thumbs Up
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Commuter_Tim
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PostPosted: 21:48 - 22 Feb 2017    Post subject: Reply with quote

Meef wrote:
Update: Lycramentalist got back in contact with mate, is paying damages.

Ta for the ideas and whatnot though Thumbs Up


I bet you your mate are so relieved.

...I'll get my coat.
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Fin
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PostPosted: 21:50 - 01 Mar 2017    Post subject: Reply with quote

Meef wrote:
Update: Lycramentalist got back in contact with mate, is paying damages.

Ta for the ideas and whatnot though Thumbs Up


What is the cost? Shocked
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notbike
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PostPosted: 22:06 - 01 Mar 2017    Post subject: Reply with quote

Bout £750
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stevo as b4
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PostPosted: 23:12 - 01 Mar 2017    Post subject: Reply with quote

A question mainly for Arry here.

Is it feasible or practical in the future for insurance companies to stop insuring for personal injury claims, only vehicle and damage to road furniture or infrastructure.

I.e. The old disclaimer that 'driving motorvehicles is dangerous enter at your own risk'?

I mean I imagine that it's the insurance companies biggest single area of payout and claims made for large sums like injury/re-hab and loss of earnings etc. Its also the easiest way to make money from fraudulent claims. If I wanted to get some cash I could just say arrgh that car that just tapped my bumper has caused me headaches, whiplash,3months skiving sick off work and some nice big invented medical bills.

Im sorry if anyone on here has been seriously injured by other drivers, and for my mocking of the system, but what if driving was at your own risk? Crash and get hurt and just deal with it or stay the fuck off the roads?

It works for motorsport, I can't see why insurance companies should keep forking out loads of cash for people claiming all these injuries, when insurance should be about getting cars and bikes repaired or replaced or written off and a payout for another vehicle.

Arnt the insurance companies fed up and sick of paying out silly money in personal injury claims? And what can they do to stop it? Maybe everyone claiming for injuries should be treated as a criminal until and unless they can prove their case is genuine and maybe a few people need to go into the slammer for being guilty of false injury claims to put people off trying to submit claims?
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M.C
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PostPosted: 23:45 - 01 Mar 2017    Post subject: Reply with quote

stevo as b4 wrote:
Im sorry if anyone on here has been seriously injured by other drivers, and for my mocking of the system, but what if driving was at your own risk? Crash and get hurt and just deal with it or stay the fuck off the roads?

I can't say I've met anyone who's been genuinely injured in an RTA and felt the compensation was adequate. I know people who have put in fake claims and were obviously happy. I do wonder what's really going on, as with hire charges insurers know they're fleecing each other yet carry on, and there seems to be a reluctance to challenge clearly bogus claims.

My personal opinion's your health's priceless, and I'm not the sort of person to get excited by a few thousand pounds. For lifetime care I guess I hope I'd either be able to check myself into dignitas or someone will put me out of my misery. The NHS probably pick-up most of the cost when it comes to injuries anyway.
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CaNsA
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PostPosted: 23:56 - 01 Mar 2017    Post subject: Reply with quote

Who was it that was crashed into by a red light jumping bint on a bicycle?

Their motorbike was less than 2 weeks old.

I think it was about 3 or 4 years ago.
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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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