Rider down (but not...
 

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[Closed] Rider down (but not permanently). What next?

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My mate, and MNPR irregular, “Big Pete” got knocked off his road bike last night. Bike totalled, fractured Scapula, some spinal bruising.

The driver turned right across his path at a junction and claimed not to have seen him due to the low sun. Boom. Pete bounced off his windscreen leaving the car too badly damaged to be driven away.

The Police were in attendance.

So, what will happen now? Can this guy expect a prosecution? I assume that the Police will have checked that he was insured before letting him go so Pete can claim for a new bike.


 
Posted : 26/06/2018 9:53 am
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Does he have legal protection on insurance or BC/CyclingUK membership?

If so get in touch with them.

What next will probably depend on how straight forward it is but he should have an incident number from the police


 
Posted : 26/06/2018 9:57 am
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My guess is that not very much will happen to the driver. Hopefully the insurance will pay out for Pete & his bike. Please wish him a speedy recovery from me.


 
Posted : 26/06/2018 9:59 am
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Get in touch with the driver's insurance and go from there. Your mate will require treatment/physio asap i imagine. (and a new bike of course).


 
Posted : 26/06/2018 10:11 am
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Thanks. I've sent him a link to this thread, so any advice will be read.

He's a good guy, and the size of Vitali Klitschko, so the impact must have been horrible.


 
Posted : 26/06/2018 10:15 am
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So, what will happen now? Can this guy expect a prosecution?

Depends on the force and even the particular leanings of the officers involved. Sounds like a clear case of careless driving, but who knows if it will be followed up?

Hopefully he'll heal up quick.


 
Posted : 26/06/2018 10:16 am
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Police are coming round today apparently.


 
Posted : 26/06/2018 10:23 am
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Probably never come to anything regarding charges etc, but his insurance co will pay up for damages and injury*

*As long as that story is true, he has witnesses/police on his side and the other driver doesn't fabricate evidence or witnesses


 
Posted : 26/06/2018 10:33 am
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No reason to doubt it. Police were very good last night apparently. The guy admitted it and the sun position would confirm it.


 
Posted : 26/06/2018 10:44 am
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My GF got knocked off at the start of the year.

Damaged bike, ripped kit, cuts and a displaced shoulder /neck problem.

Police arrived and driver interviewed. Independant witnesses. The admin dept of our Police force wanted a driver improvement scheme. Ruth said No to this so its going to court. Ruth is a serving Police officer with Police insurance.

She has made numerous requests to have an interim payment to fix mangled Di2 kit and replace her expensive ripped clothing.  The insuramce resist this, so its all being paid for by Ruth at the moment.

They have been awaiting a medical report, but it all seems to take ages. Ruth has done everything thry ask, yet is completely inconvenienced. If it was another motor vehicle i expect it would all move much faster.

Im not sure how to speed this up....


 
Posted : 26/06/2018 10:48 am
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Hopefully, you are not dealing with Surrey Police! I was hit by a car that turned across me. Fractured vertabrae in my neck, finger and rib after flying through the air. 4 days in hospital. Filled out all the forms and Surrey Police sent me a letter saying no action. Driver admitted full liability and I got a good payout after using Bikeline.

Had a phone call from Surrey Police a year later to check on my injuries and they had me down as having minor injuries! Lady on the phone was shocked and they would put it down as seriously injured. Surrey Police are useless.

Over 2 years ago and back to full fitness. Had a stiff neck especially on the bike. Changed the way I ride, I am not nervous on the road, but more cautious.


 
Posted : 26/06/2018 10:52 am
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Bikeline were great and asked for a £1000 upfront payment from the insurance company, which we got. Dealing with the insurance company over the bike was a pain as they were looking at ebay to value my bike!

Eventually, they asked me to take it Carbon Bike Repair in Leatherhead who prepared a detailed quote for repairs and the insurance company paid the whole lot straight away.

My eventual payout was for everything and they just took off the interim payment and bike fix cost off the total.


 
Posted : 26/06/2018 11:04 am
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Im not sure how to speed this up….

Has the driver admitted liability, or is the court case holding that up?

If it's clear-cut in terms of liability, I'd put in a letter before action to the driver personally, and take them to small claims if necessary. Being insured doesn't make you immune to your liabilities if there is an unreasonable delay in your insurer getting a payout sorted.


 
Posted : 26/06/2018 11:12 am
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I wouldn't fancy being hit by 'Big Pete' at speed.

Much left of the car?


 
Posted : 26/06/2018 11:25 am
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Same happened to me, but there was no sun - got my spine broken.  Driver didn't even get a telling off, officer investigating just said 'your insurance will sort it'.  Don't expect much to happen to the driver.

My claim is coming upto 3 years, and I'm back off sick again as I'm on some new major pain killers and I can't drive as I'm dizzy.


 
Posted : 26/06/2018 11:27 am
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Much left of the car?

It wasn't in a driveable condition. It must be like getting hit by a meteorite.


 
Posted : 26/06/2018 11:55 am
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As he's been injured, I think proper legal assistance is a must. BC if he's in it, (the main reason for me being a member) or a firm with the requisite expertise. Bikeline's had a couple of recommendations that'd be a good start. It's different if just bike and kit damage, direct to the insurer is OK then.

Best to Pete.


 
Posted : 26/06/2018 12:29 pm
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Once out of hospital, the rder needs a solicitor for compensation (e.g. Leigh Day), and to talk to the police about prosecution. I had a similar crash, the police waited for me to be out of hospital to take a statement. If you're in a 'good' area they will prosecute for careless driving - the driver is clearly at fault and not being able to see is not an excuse. Although, a conviction isn't needed for successful compensation claim. In my case I claimed for a new bike from my own insurance as it was new for old and didn't require waiting for the full claim to go through. The insurers (pedal cover) recover the costs from the driver's insurance so no effect on my premiums. Just over 12 months in now and the claim is still ongoing...


 
Posted : 26/06/2018 12:44 pm
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Update

Driver to be sent on a course or prosecuted! Well done GMP.


 
Posted : 26/06/2018 1:32 pm
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I got hit on a roundabout about 4 years ago (my right of way, driver looked at the road i'd just come from and carried on without looking ahead and took me out at around 35mph).

I wasn't too badly injured, dodgy elbow and a dead leg that lasted a week, car was written off though (i'm a big lump).

The guy got done for driving without due care and attention, the following day i had a call from his insurance saying tell them the spec of the bike and they'll send me the dough. Emailed the information and had the cash for a new bike on Wednesday (got hit on sunday lunch time), went to the bike shop with a friend, had a new cannondale super six by the weekend.

Was all pretty good really (apart from the crash) but couldn't put any weight on the point of my elbow for about 3 years (i did get a little compensation for that).


 
Posted : 26/06/2018 2:38 pm
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A driver used the same excuse when I was splattered over his bonnet. No prosecution. Good luck...


 
Posted : 26/06/2018 6:46 pm
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He's already been "cuffed n stuffed" apparently. From what my mate was saying he wasn't the most helpful at the scene.


 
Posted : 26/06/2018 7:12 pm

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