[Closed] Someone just rammed me with their car - advice please

Sorry op, can't offer help on the subjects discussed but just want to say that I'm glad that, physically, you are ok.

Ramming a cyclist worth a tonne plus of car. What a ******* hero he must be.

Is your bike covered by your home insurance? If so you should contact them for advice.

Doesn’t matter what you did, people can’t go using their vehicles as weapons. Incredible.

Don't know the law in the uk but I'd be pressing for a charge against him that involved jail time.

Yes. Definitely get yourself a lawyer. There quite a few specialising in cyclists. You just need to Google. I think British Cycling use Leigh Day so I would be inclined to contact them.

That sounds terrifying, do you think the driver was under the influence of alcohol or drugs? Have you been checked out properly in hospital? Definitely check your home insurance and if you have legal cover then that should help.

Do hope that the Police take action but how disappointing that nobody came forward as a witness.

https://www.lfgss.com/conversations/131099/

This thread on LFGSS went on to become one of their biggest ever. After a while they stripped it down to the essentials of what to do in case of accident/incident and archived it. Lot of good advice in there.

Also, find out if your home insurance has legal cover.

Had this happen to me, get a quote from a bike shop for repairs, keep receipts for everything that costs you money in relation to this. Persue his insurance, make sure the police pass this information onto you. Get a crime reference number.  Press for charges.

I did all this, apart from get the drivers insurance details, doh, the police took a statement and pressed charges. Court date came through, then a day beforehand the CPS dropped the charges and never explained why.

I've since joined CTC as it was and now BC in the same thing happens again.

I was left out of pocket and pissed off at the system after it was dropped at the very last minute.

Glad to say in over 12years of riding to work this has only occurred once, though I now film my commutes each day just in case...

Good luck, don't let them get away with it.

Steve

I've had similar but the guy didn't actually hit me. Chased me etc etc, only buggered off when I said I'd got his reg.

Reported him to the cops and the car had 'inteligence' - i.e. been reported for bad driving etc. Thing is that was now logged, so should he have done something and injured someone, this 'bad behaviour' is also taken into account.

Go phone Leigh Day (I have BC Membership) but they will take the case on if injured. You might not need it as you can get in touch with his insurance and they might just well pay up. Leave to cops to do there bit if they can.

My son got rear ended by a driver, and his insurance sorted it quickly, but the other driver's insurance were also ready to sort.

Luckily the cops have seen the major bit of evidence at the scene ie a folded back wheel. You can't ride a bike in reverse so that can ONLY happen by being rammed. Make sure you push that point.

Yes. Definitely get yourself a lawyer. There quite a few specialising in cyclists. You just need to Google. I think British Cycling use Leigh Day so I would be inclined to contact them.

Unfortunately, because the no-win, no-fee rules pay lawyers in a different manner than a few years ago, they are unlikely to take your case for the value of a bike. I was in a similar situation a few years ago, (but without the road rage) I just had to sort it with his insurers.

Hopefully if you have the benefit of a police report of road rage and leaving the scene of an accident, it'll be settled quickly and his policy will at least be horrifically expensive for a few years.

Unfortunately, because the no-win, no-fee rules pay lawyers in a different manner than a few years ago, they are unlikely to take your case for the value of a bike.

Hmmm. So yeah I primarily want my bike sorted. Secondly I want that guy to not be on the road. I’m not really interested in anything else so I guess maybe a lawyer won’t be interested.

Might be worth contacting your local Citizen’s Advice Bureau to give you advice on what course of action you can/should follow.

Has anyone commenting ever used a lawyer as a victim in a criminal case?

Go speak to one if you like, gonna cost a bit. My advice would be to push the fuzz hard, threaten to complain if they don't take it anywhere.

Depending on what happens with that you may want one for the civil claim, but I understand that rear ending is usually the fault of the rear ender, so may be wasted money.

primarily want my bike sorted.

This bit is what the civil case is for. CAB, home insurance legal helpline, work helpline, the link on the CTC site etc. may help. You might get a local solicitor to give half an hour's advice or maybe write the first letter for free.

Get quotes for repair or replacement. As above if you need to use bus/taxi, keep receipts. For a bike, small claims track at county court should be do-able by yourself if the other party or their insurance refuse to engage. CAB and the Internet can help with the forms. You need to show an attempt to resolve before falling back to the court, although the other party failing to give details leaves you few options. Proof is 50/50, and you've got the broken bike to help your argument. You are entitled to rectification not enrichment. Useful to have a correspondence address that's not home if you're worried about retribution. If the Police are like they were for me they'll be obstructive and try to wriggle out of providing CCTV so you will be reliant on your own evidence and witnesses you can contact.

It will be stressful if the insurance co fight, when the anger passes you may find it easier not to bother.

I want that guy to not be on the road.

Sadly not your decision and unlikely. Fail to stop is strict liability, so cut and dried if CPS can be bothered. A criminal case will delay the civil one, but a conviction will obviously help the prospect of success.

Bike line no win no fee. House insurance. Police.

Get quotes for repair or replacement.

I'll just add that all you can claim for bike-damage wise is the sale value of the damaged bits, not the replacement value. So, if it was a tatty old wheel on a tatty old frame, that someone might give you twenty quid for, that's it.

Subsequent losses (alternative travel to work etc), I've no idea, so won't comment.

If you're in a union at work, they may provide legal assistance

Someone like bike line will arrange medical checks after a hospital visit and take quotes for damages as well as damage money too.

Thanks for all the suggestions so far.

I'm hitting a minor brick wall at the moment - my home insurance is happy to sort it all out but I may be liable for the excess (£375!). But at least it's new-for-old style cover so this wouldn't apply:

I’ll just add that all you can claim for bike-damage wise is the sale value of the damaged bits, not the replacement value. So, if it was a tatty old wheel on a tatty old frame, that someone might give you twenty quid for, that’s it.

The home insurance legal cover weren't very helpful as apparently my policy only covers legal costs associated with house / buildings not contents. Which is obviously pretty useless (for £4/year perhaps that's to be expected, and to be honest I thought I had no legal cover).

I have the driver's insurance details via the Police, maybe I should contact them. I haven't tried CAB - I think that's the next step.

All of which is very frustrating since if someone had driven into the back of my car, I'd be in a courtesy car by now while a garage fixed everything - and I certainly wouldn't expect to pay any excess.

Courtesy car, repairs, excess claim would be paid for by *your* insurance and then claimed from their insurance.

You don't have insurance so you'll have to arrange equivalents for yourself and claim back yourself.

Personally I think it's a mistake to claim on your contents insurance, but that's an uninformed opinion.

I agree with ajaj. You need to be claiming through their insurance. It'll be a pain, drag on and they will low ball you but you should get the money (all of it, no excess) and it should hit the driver in the pocket and remind them they are an arse every time they have to renew their insurance.

Pick up a cheap, second hand frame and wheel to get you riding now, then buy something shiny and new once their insurance comes through.

Pick up a cheap, second hand frame and wheel to get you riding now, then buy something shiny and new once their insurance comes through.

If it was me I'd be renting something appropriate and billing it to their insurer

I would be contacting their insurance pronto - just to get it on the radar apart from anything else.

If it was me I’d be renting something appropriate and billing it to their insurer

I sort of agree. You should have something nice and it is their responsibility. That said the whole courtesy car rental and increased cost of repairs for insurance jobs in the car insurance industry is pretty messed up and puts everyone's premiums up so I would lean towards minimising any claim. Its also good to minimise the claim in case his story changes and a mystery "witness" turns up but this one does seem reasonably clear cut (hit from behind, police in attendance)

Hi,

I work in Motor claims so I'm more than happy to assist here.

Simply put, he's collided into you and there's no fault on your behalf. His insurer (should they have your contact details) should be able to reach out and assist with the claim you'd wish to make against the driver.

If you need any help just let me know and I can put you in the right direction. You don't need to go down the route of citizens advice, legal advice (only if you have suffered injuries) or home insurance.

I deal with several cyclists on a weekly basis - generally all we need as an insurance company is images of the damage as well as damaged clothing and accessories. And a quote for repair/beyond economical to repair from a reputable bike shop.

After that it's straight forward. It's more cost effective for an insurer to deal directly with a cyclist rather than allowing them to appoint legal representation.

You don’t need to go down the route of citizens advice, legal advice (only if you have suffered injuries) or home insurance.

I call bullshit. This isn't just an insurance claim, this is a police matter for being assaulted with a vehicle as the weapon.
Welcome to the forum, btw, I hope you contribute many more posts.

Wow aggressive much.

I'm talking specifically about the claim for damages (i.e. the bike etc). If he wants to pursue criminal action against the driver, then go for it. The driver is 100% on the liability aspects of the damage.

Whether you can prove the road rage from the driver is another matter. Did Police attend? Statement taken by everyone involved? Any witnesses? Footage or CCTV? Otherwise, possible one word against the other.

What I can say with certainty there is no issue here with the damage to bike. If OP was to hire a bike or go down that route, there's an aspect of mitigating losses the insurer would scrutinise. It's better to just deal direct.

Wow aggressive much

Yes, the driver was.

I’ll just add that all you can claim for bike-damage wise is the sale value of the damaged bits, not the replacement value. So, if it was a tatty old wheel on a tatty old frame, that someone might give you twenty quid for, that’s it.
Subsequent losses (alternative travel to work etc), I’ve no idea, so won’t comment.

and this isn't necessarily true, either.

I'm no lawyer/police officer but I'd want the conversation with the driver to go.

"Did you do it deliberately?"
"No I didn't see him"
"So that's driving without due care and possibly dangerous driving"

But PF/CPS probably won't allow that to be a course of action.

Thanks taylormade, useful post.

I call bullshit. This isn’t just an insurance claim, this is a police matter for being assaulted with a vehicle as the weapon

Come on, you know how naive that approach is.

Thanks for the advice - what TaylorMade said makes a lot of sense. As I am understanding it, the criminal claim and the 'civil' claim I.e. for my bike are separate. I don't need a solicitor because any successful action would end up costing me £700 ish which is almost what the bike cost when new (£1200).

The whole criminal case will, I think, hinge on whether there is CCTV. If there is, then hopefully it will show him accelerating into a stationary bike that he has clearly seen. It's kind of out of my hands however much I'd want that scum off the road.

But that won't help me get my bike fixed. I'm starting to think BritishCycling membership (and its insurance) would be useful here.

I would would put pressure on the fact the bloke left the scene of an accident, which is an offence in its self. But doubt you will get any luck with any other offence.

No worries.

As mentioned earlier, happy to help where possible for anyone involved in things like this and aid everyone the best I can with experience.

The main thing is - I hope you're all alright. We can replace bikes, but not bones/flesh.

Hi, great shame you have had to suffer such an incident, lots of good advice been given and I would add that keep it simple. Get the bike repaired if you can afford it (assuming its economically viable) for as little cost as it needs, as you do not know if you will ever see anything back so dont go hiring bikes and doing anything unnecessarily expensive. I would say let the police do whatever they think they need to do, these things cant be forced. As for any personal prosecutions I would question if that would be a wise course of action.

I am unsure what you mean "There is no doubt in my mind that it was completely intentional for reasons I’ll talk about at a later date" and how that may be relevant to the incident, that sounds like something that needs to be taken into account but for your own reasons you chose not to share that which is your choice.

We are members of Cycling UK predominantly because of the included insurance for this sort of thing. a few years ago I was cycling home and had a car door open on me, ended up with minor damage to bike and a broken helmet torn jacket but I had broken ribs. Although it was pretty a straight forward case the the door opener admitted he was at fault, the police charged him, from my point of view the Cycling UK lawyers took over and it was all sorted out with a reasonable pay out to me, having them in my corner was great piece of mind and will always keep my membership going now.

I know that does not help you but I would recommend Cycling UK (you get a free magazine and other benefits) to anyone, mainly if you ride on the road or like myself, and you, commute to work.

Even though my case was pretty straight forward it still took best part of a year to get resolved, its just the way the process works.

Good luck with however it goes.

I am unsure what you mean “There is no doubt in my mind that it was completely intentional for reasons I’ll talk about at a later date” and how that may be relevant to the incident

He was, I think, irritated that I filtered through slow-moving traffic in front of him and had shouted at me seconds earlier. I only don't want to give too much identifying information away in case it prejudices any later case or claim. I'm probably overthinking it.

Going to try to speak to his insurer tomorrow.

I’ll just add that all you can claim for bike-damage wise is the sale value of the damaged bits, not the replacement value.

If you're claiming on an insurance policy you have, house, bike, whatever, you can claim whatever the policy says you can claim.
If you're claiming damages from somebody who has caused you a loss, their liability to you isn't necessarily the same their insurer's liability to them. You can claim whatever you persuade them or their insurers to pay, or if you take them to court, whatever the court decides.

OP hope you're not to shaken up.

I’ll just add that all you can claim for bike-damage wise is the sale value of the damaged bits, not the replacement value. So, if it was a tatty old wheel on a tatty old frame, that someone might give you twenty quid for, that’s it.

This is not what happened when Mrs stu got hit by a driver.
She got compensated in full for a new frame, fork, brakes, helmet and Oakleys.
She also got compensated for taxi's to and from work while her wrist was in plaster and she couldn't drive.
As said above get quotes and keep any receipts.
The insurance company were quite keen to pay up straight away for the damages but it ended up taking over 12 months as there was also a claim for the broken bones which dragged on a bit.
We tried to push for a prosecution but the best we could get was the driver being sent on a driver awareness course...

When I was knocked off (both times) the insurers paid full price for a replacement helmet and some torn clothing with no quibbling. No arguing that if I'd sold my old helmet or bibshorts i'd have only got 50p for them.

I did one claim (with a very apologetic and honest driver) on my own and one with BC's legal people. There wasn't a huge difference between the two and neither were a lot of hassle.

You need to be put back in the position you were in before the collision, if there's a massive second hand market (like for cars, where you can get an MOTed car with an official service history) then the insurer can come up with a cash value. Where there isn't that same market, e.g. for an OEM wheel, or for a frame which has a particular bottom bracket, headset, brake etc standard that's no longer available then you've got a much stronger argument for being given enough money to buy a new replacement.

Minor bump for some advice please. I've just been informed that the original officers decided not to record this as an assault - this surprised me. They said they thought about it, but decided just to label as an RTC.

I will be asking them to 'upgrade' this to a crime rather than RTC. But is there some sort of a requirement for them to do more investigating for this? Why are they reluctant to record as assault?

It's probably that it's a your word against his situation, as far as assault goes. I'd certainly see it as a choice between a deliberate assault or a case of driving dangerously/without due care at the very least, but hard to prove criminal intent.

If the police put it down as an RTC you're probably on a winner. He's hardly likely to contest that but you'd never prove an assault. (See the Secret Barrister - excellent & eye-opening book).

With that from the police you should have an easy route with his insurers.

hard to prove criminal intent.

I do understand that, but even if there was no real prospect of a court case / conviction, it would surely affect crime stats etc?

I think if there's no injury and you've exchanged details you can leave the scene but you have a time frame to report the incident to police I think 24 hours? Whether that's the driver or the person that's been hit I'm not 100%. Id assume the driver otherwise it's failure to report an incident?

I think its just the way it is sometimes. The problem is that you said it was 'no doubt in your mind it was deliberate' but thats not really a basis for fact, he could have got really wound up and not been paying enough attention and that caused him to run into you which would be undue care etc but not assault.

If someone comes at you with a baseball bat its not so hard to claim assault, if someone is in a vehicle where not paying enough attention can cause accidents claiming assault is very much harder and very rarely happens.

I would just be happy your not hurt and that as its an RTC his insurance are very likely to sort out repairs etc. and take that and consider it a result.

They've gone for what they can prove. Assault will get thrown out of court, he'll be found not guilty and you're left with nothing.

RTC, he'll know he's on a lesser charge but you've got a realistic prospect of conviction, his insurance will pay out without too much quibble.

hard to prove criminal intent.

Crime recording is supposed to record the crime as reported. Not what is reasonable to charge.

it would surely affect crime stats etc?

Yes. Which is why they don't do it. Also increases violence against a person stats.

Assault will get thrown out of court

There are a lot of people trying to convince a jury at the Old Bailey otherwise at the moment.

Of course it's been downgraded
You forget that cyclists aren't regarded as people anymore, ergo crimes against people no longer apply

Of course it’s been downgraded
You forget that cyclists aren’t regarded as people anymore, ergo crimes against people no longer apply

Well that's kind of my viewpoint being honest. I don't see why I can't at least report it as assault, and they do some extra digging. If that ultimately ends up fruitless, they can still call it an RTC / charge for failure to stop at the scene. Either way, the insurance situation is unaffected? I don't really see what I have to lose by reporting it properly.

Anyone else care to chime in?

It's stupid isn't it. Take the vehicles out of the equation and it's assault. Add vehicles it's an RTC. Kill someone because of your negligence - manslaughter. Kill someone with a car - oops.

This happened to me when I was 15, leaving school. An enraged ice-cream seller who was in the habit of parking in the school driveway pushed me on my bike out onto the busy A1 then drove across, mounted the pavement, jumped out and punched me in the mouth breaking three teeth. Police went round later and found he had 7 stitches in the back of his hand. They told me he already had a conviction for assault. What did he get? A suspended sentence. What did I get? Weeks of dentist visits, crowns and £290 from the Criminal Injuries Compensation Board.

Wow sorry to hear about that Globalti, must've been terrifying.