Sorry in advance for the long post, but really need some advice from the collective knowledge of STW.
Several weeks ago now the missus and I were out on our tandem, enjoying the sun in the Cotswolds. We were coming out of a suburb of Cheltenham (Prestbury for those who know the area) where we have to take a sharp left off a mini roundabout. As we were heading down the road towards the roundabout, oncoming traffic meant that a queue of cars had built up behind us. Once the traffic had passed two cars safely overtook and by which time we were about 50m from the mini roundabout.
As I normally do on the tandem, I asked the missus to indicate our intention to turn left and glanced right and behind to check for other vehicles, there was a car behind but as we were now signalling and approaching the roundabout I felt it was safe to pull out into the road by a couple of feet.
I feel I should explain my reasons for doing this for anybody who has never ridden a tandem before; they are long, and mine, built for two large people is very long, as a result you can't take corners too close as clipping the curb with the rear wheel is a real possibility and you certainly don't want a sliding rear wheel when two up!
As we entered the roundabout the car that was behind decided to overtake, unfortunately the clipped the front wheel of the bike as they turned in on us (they were heading the same way) causing myself, my partner and the bike all to fall in the direction of the car. The image burned on my mind is the cars rear wheel as it passed inches from my head!
The car failed to stop but I managed to get the registration number and we had a witness that also stopped and gave details, both my partner and I had minor injuries although none required hospitalisation.
After dialling 999, we had four police cars attend, three of which to chase the car in question whilst the fourth stopped to take details and give medical assistance.
Although it appeared the damage was mainly cosmetic, on further examination we had two damaged helmets from hitting the car, two bent handlebars, a bent front wheel, a bent pair of front cranks and a slightly bent frame.
I've now been chasing the police for five weeks for further details and to find out what is going on, at the very least I want to claim for the damage to my bike and equipment, but I've not spoken to anybody who can help, I have an incident number but no investigation officer name. After all my calls I'm told somebody will be in touch but still nothing!
Any advice on how to take it further much appreciated.
SOunds nasty, glad to hear you got off fairly lightly.
Ask to speak to the duty inspector - preferably in person at the nearest *main* police station. Don;t get ranty, be calm, but insist on them following up, and explaingin why it;s taken so long and so much effort on your part.
I'd ring up and ask to make an official complaint if it was me. They have all the information they need and should be acting with it! Complaints do seem to get them moving in friends experiences...
I'd pass it on to a solicitor. The driver's insurance can pay for it.
Not an expert by any means but theres two aspects
- criminal prosecution for dangerous/careless driving
- civil claim for damages.
You can instigate the 2nd. Ask for the details from the DVLA and write a letter in the first instance with quotes for repairs, then follow up with small claims court if they don't respond. If they are uninsured/untraceable you can pursue the MIB.
I think you need to treat the claim for damages as a seperate issue and get on with that, the police will give you insurance details etc if they have them
Get your local councillor involved, they're more likely to know people to contact for you.
the police will give you insurance details etc if they have them
This is what I'd really like but in five weeks I've heard nothing
have you thought about a specialist cycling accident solicitor?
have a look on the CTC website
Thanks for all the quick suggestions but I can't see how I can proceed without someone's details, all I have is a description of the car and a numberplate.
A major worry at the moment is that if the police haven't spoken to me, is very likely they haven't spoken to the witness either, I'm worried their memory of events five or more weeks after the accident is going to be a problem!
That's exactly it - why should you stress out and go through this hassle with the police? You're the one in the right.
Turn it over to a solicitor, let them do the chasing, and let the driver pay for it all.
Per uplink would contact a solicitor. With the reg they can find the Insurers.
Not an expert by any means but theres two aspects
- criminal prosecution for dangerous/careless driving
- civil claim for damages.
there's also the criminal issue of failing to stop at the scene of an accident. Get on to someone higher up at the Police and make sure they action. (action may only be to "have a word", but it needs to be closed out)
Pursue damages separately as suggested?
I've struggled to contact the policeman who attended an accident I was in with a car too, though I did have his name it took a couple of weeks to get hold of him. He hadn't spoken to any witnesses or taken any details of anyone so it was pointless anyway, he said he was just there 'to see if you were dead or not' !
I had a similar issue a few years ago whilst cycling in the Wye Valley. I found that after phoning several times and being brushed off a letter directly to the Chief Constable ensured a rapid response in future conversations I had with the local Police.
As they said - solicitor for the damages claim. you have enough info for that.
Keep trying with the police = don't take =know for an answer - ask for a time and a place to meet with the officer and if nothing in a week or two then its time for a complaint.
Assuming you get the police to take action your chances of actually making a claim are probably not great as while you can ID the car you can't prove (from what I read) the ID of the driver which I believe you would need to do for a successful claim.
I would think twice before you instruct a solicitor, as if the scrote is untraceable or can be identified but has no insurance you will be left to pay their fees.
Which is all wrong but you may have to be pragmatic rather than throw good money after bad..
I'm a police officer
Phone up the police
Quote the incident number
When they get the details up on the log
Tell them you have phoned on several occasions etc etc,and if you don't get a recall in 48 hours you will make a complaint
Wait the said time
If no contact, phone your local force, tell them you want to make a formal complaint, ask them to create a log fir the complaint, and keep the log number
An inspector will contact you within 24 hours,and will resolve it for you
Keep onto the Police, ask the Chief Constable why you haven't had a TF3, prosecutions for Road Traffic Accidents have to happen within 6 months of the accident.
Were there any witnesses other than yourselves?
IME, I was involved in a similar situation, had a busdriver who couldn't give the number plate and as I was effectively the only witness. The Police managed to lose the 2 TF3s submitted so dropped the case - after the driver admitted he was driving the car.
Most importantly don't get ranty with them, they'll just drag their heels and so you were abusive towards them.
Cannot you get the details of the driver from the DVLA?
You seem to have a good case to demonstrate ‘reasonable cause’
I could be way off the mark and totally wrong mind 😉
You can get a initial interview from a solicitor for free
Use this to get the drivers details
http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_10016794
I've successfully done it without any police incident number.
This can check the motor insurers database
http://www.askmid.com/
999 seems a bit over the top?
why does 999seem over the top. surely it was a hit and run RTA
The police can give you the registered name and address of the vehicle if you have the reg number and good cause. you don't need to use the dvla form.
Never ever signal a left turn, unless there are peds around, as a following vehicle will usually try and overtake.
[b]criminal[/b]
follow easygirl's advice
[b]civil claim[/b]
find out who does the claims for BC or CTC, call them
do it tomorrow
HTH