Cuuuuuuuunt

Thought I'd ask for some advice on What Happens After An Accident from
people who have done this before.

Riding back to work down Kingsland Rd in Norf London yesterday
(http://tinyurl.com/63yvv), travelling south across the junction with
Englefield/Richmond Rd 3pm, weather overcast but not raining. Traffic pretty
light, and I wasn't going very fast, say ~35mph, and slowed for the junction
to ~20mph. Blue Peugeot 106, pointing towards me up Kingsland Rd was
indicating right to turn across the junction into Richmond Rd (across my
path).

As I entered the junction, the c*r started to move forward and didn't stop,
so I grabbed the brakes. The car continued to drive forward and it's offside
front corner hit my bike on the right fairing, and I was chucked off onto
the road past the car & landed (judging by the scuff on my jacket) on my
right shoulder. My bike slid along the road, on its right side, for about 5
metres.

I was lying in the middle of the road wondering whether I was injured, and
the driver comes over, apologises, and helps me off the ground, while 2
witnesses pick up my bike and push it off the road. To my astonishment I'm
almost totally uninjured, just a bit of a sore knee where I banged it on the
tarmac. We exchanged names, phone numbers and reg numbers & I got the number
of one of the witnesses (they know each other), but didn't get his insurance
details

I got a disposable camera and took photos of the damaged bike at the side of
the road, and also of the accident site showing where the broken glass was
and the scrape marks along the tarmac where the bike slid. Also photographed
the view from where the car was waiting, showing a 4-lane wide road with
uninterrupted visibility for at least 1/2 mile.

I spoke to the car driver again today and he implied that I was speeding,
that he looked and saw me, thought I was so far away there was loads of
room, so thought it was clear to go. His estimate was that I was 150m away
when he looked. <does calculation> <shakes head>. I suspect this was just
him trying to pull a fast one to get me to admit some liability which
_really_ pisses me off - I told him I thought he was solely at fault. lying
cnut.

Honda Wandsworth did a valuation of the damage, which came to a (fairly
staggering) £2,800. I'm sure this involves replacing every bit that was
damaged in the accident (rather than repairing), but the bike was as new
before the crunch, so why shouldn't it be after?

So:

Is the driver's apology an admission of guilt?

Who's fault will the inscos think the accident was? Does it all depend on
the witnesses? He's clearly lying ffs.

How long does this kind of thing take to resolve?

The Git has not, despint my asking, given me his insurance details yet. It
wasn't his car and he says he's "deciding whether to go through the car
owner's or his own insurance". This worries me - is he required to tell me
who he's insured with?

Can I phone up the witnesses and get a statement off them, or is speaking to
witnesses not allowed? Have I been watching too many crime shows?

Can plenty of people please tell me that if I'd been going faster/not braked
at all, I'd have made it through without making contact?

 

TimP says...

Inform him that if he does not give you his insurance details, then you
must assume he is uninsured and therefore are obliged to involve the
Police with a view to prosecuting him. Tell him you will also bring a
separate court action to claim the costs of repair and clothing etc back
from him personally.

 

If he's pissing you about, report him to the police and they'll force
him into disclosing his insurance details.

 

Yes he is.

From the AA's website:

You must:

* Stop and remain at the scene for a reasonable period
* Give your vehicle registration number, your name and address, and
that of the vehicle owner (if different), to anyone with reasonable
grounds for asking for those details

If you do not exchange those details at the scene, you must report the
accident at a police station or to a police constable as soon as you can
and in any case within 24 hours.

Where injury is caused to another person, then in addition to the above
you must:

* Produce your certificate of insurance, if anyone at the scene has
reasonable grounds to see it. If you do not, you must report the
accident at a police station or to a constable as soon as you can and in
any case within 24 hours. You'll need to produce your certificate of
insurance. If you don't have your certificate of insurance when
reporting the accident to the police, you may take it to the police
station you nominate when you report the incident. You must do this
within seven days of the accident.


Note: Reporting the accident to the police by telephone is not
sufficient and you cannot ask someone else to report for you.

You're obliged to do these things not only when you are directly
involved in an accident, but also if your vehicle's 'presence' was a
factor.


So, I'd suggest calling him again prior to reporting the accident at a
police station ...

That should focus his mind a little.

 

Ta - good info. The sore knee probably counts for that.

Despite my having reported the accdent to my insurers, it seems nothing
happens about this without him getting in touch with his. I can't believe
he's trying to mess me about, after just driving into me. Turns out he's an
estate agent, which probably explains the cnut factor. Grr

 

This is very worrying, especially the bit about who's policy he might claim
under.

If was someone else's car and he was driving it on their policy for work ,
there is a good chance he was not covered for such usage.
If he was driving it under the "driving other cars" section of his own
policy, again, their could be issues over business usage.

As much as I dislike them, you need to consult a lawyer I think.

--
Dan L (Oldbloke)
My NEW bike 1996 Kawasaki ZR1100 Zephyr
My old Bike 2000 Honda CB500 (for sale)
M'boy's current bike 1990 Suzuki TS50X (Heavily fortified)
M'boys NEW bike 2003 Honda NSR125R
BOTAFOT #140, DIAABTCOD #26

 

This is a bad development. Are the ones Carole Nash supply any good?

 

They seemed fine when I had to use them. It took about 15 months to sort
my personal injury claim - the driver who had me off gave false details
initially.

 

Never had cause to use them, sorry can't really comment.

--
Dan L (Oldbloke)
My NEW bike 1996 Kawasaki ZR1100 Zephyr
My old Bike 2000 Honda CB500 (for sale)
M'boy's current bike 1990 Suzuki TS50X (Heavily fortified)
M'boys NEW bike 2003 Honda NSR125R
BOTAFOT #140, DIAABTCOD #26

 

You can use the 'green form' to get a 'free' consultation with a solicitor
for
about an hours work. T&C apply.

But if you ask correctly you can get enough of an answer for free to decide
if you
want to sue the b*gg*r.

My solicitor decided that if I were prepared to cough up £50 per month then
he would take
the case and claim ALL of his fees on top of any repairs and compensation I
was entitled to.
He also offered a no win no fee but then I would have to pay him from my
compensation,
looking at about £2K

YMMV

But talk to a real legal beagle,

Dave

 

Report it and let the police decide if you need to inform them!
(and keep a record of PC number/station/date tiem for your big box)

Oh yes and go take photo of the skid marks,
Use a ruler, today's newspaper anything to clearly show measurements
and the date it happened. Time date stamps on cameras are not as effective
because you can set the time yourself!

Dave

 

But the police should have been informed anyway.......

 

What make you think so? There's no need to do so in a non-injury
accident.

 

I think the OP said he hurt his shoulder so it would have been an
injury accident.

 

accident.

I'd like JPs view on this as I have had confilicting info, from plod.

 

When I was pitched off by blind U turny man I reported it to the dibbles
who informed me that there was no need to do so as no-one had been
injured.

 

I was once told off for plod for not reporting an incident soon enough (on
my way home from work, not on my way to it if you see what I mean). No one
was injured but he still said I should have come earlier.