[Closed] Wife just been involved in a SMIDSY

fricken cyclists

Yep.

Yes in case if ever tries it on with her.

.... you get what I mean, tries it on as blaming her for the accident, not trying it on other ways 😆

Oh and did she have the engine switched off, if not she's in the wrong ie using a mobile in charge of a death machine.

fricken white van drivers 🙂

Question: should she report it to the police?

Yes, there has been an injury.

Yes.

fricken white van drivers 🙂

as above - if she pulled into make a call i bet my bottom dollar she left the car running (to keep her warm etc) whilst making the call....if so and she hasnt got her indicator on and her lights on etc then she is to blame....

indicator not, lights on and engine running = wifeys fault

none of the above = blind cyclist

If there is damage to the van then yes she should report it to the police (assuming she was legally parked) as the incident number may be needed for the insurance claim. If she's not making a claim then I wouldn't bother.

[edit]
The points above about the cyclist reporting it in order to claim against her are something I hadn't considered, given that I would report it now regardless of damage to the vehicle.

When we were kids one of my mates rode into the back of a stationary double decker bus!

I'd report it AND claim off him for whiplash.

Oscillate Wildly - why would you have your indicators and lights on while parked on a road in daylight?

Whereabouts?

I wouldn't.

And even if he decides to report, just explain what happened.

stupid question:

how's Mrs Druidh?

and i've just checked the forum, i can't see any 'i just ran into a parked van - can i make a claim' threads...

edit : if shes parked then fair enough, i thought i read it as urgent phone call just momentarily pulled over with engine/lights running....

the guy must be blind

Probably worth reporting it. Works van ain't it so I would just in case they have a policy on it.

What's a SMIDSY?
Edit: Googled it. IGMC.

O_W - she was on the phone for a few minutes before the cyclist even appeared.

ahwiles - OK at the time but a wee bit shaken now. She's reluctant to report it though, hence my question

Sorry Mate I Didn't See You

Surely it's still classed as an RTA so HAS to be reported. Unless i misunderstand the law which is 100% likely.

Thank you.

BTW I did exactly this when I was a kid. I wasn't paying attention. I can't see there ever being any other reason than that.

SMIDSY,

sorry misses i didnt see you, strangely highly trained lorry drivers do the same sort of thing on the motorway to parked cars on the hard shoulder, it usually ends in a death.

Even with flashing lights some road users dont see you.

Injury accident should be reported. If she doesn't and he does there might be issues- altho unlikely.

She wasn't parked - she was stopped - she was in the vehicle so its irrelevant if it was a legal parking spot I think

"She wasn't parked - she was stopped - she was in the vehicle so its irrelevant if it was a legal parking spot I think"

But if she was on the road ie not in a parking spot, and she had the engine running, regardless of whether she was stationary or not, then she could be done for using a mobile phone.

If she doesn't report it she is breaking the law as her vehicle was involved in an injury accident.

Unless.........

The only way she would not be required to report it to the police would be if she had at the time given the cyclist her name and address, the vehicle owners name and address if different, the reg mark of the vehicle and her insurance details.

If it does need to be reported it should be reported as soon as reasonably practical and in any case with 24 hours.

http://www.legislation.gov.uk/ukpga/1988/52/section/170

Well I have had the filth drive past loads of times whilst pulled over using the phone and never had a problem

I've done the same thing but faster, police attended 'to see if I was dead or not' but otherwise classed it as a something called a 'bumper to bumper', breathalysed the driver, put me in an ambulance and left. Driver's insurance company came after a few months later but because the police hadn't take any witness details or statements they couldn't build a case.

She wasn't parked - she was stopped - she was in the vehicle so its irrelevant if it was a legal parking spot I think

Not really, else you could just sit in a car on double yellow lines. Stopped - in a queue of traffic
Parked - pulled out of the flow of traffic

What's a SMIDSY and where do people learn these 21st century acronyms?

[EDIT] thanks Project

a good few years back a friend rode into a parked car and went through the rear window.
he didn't contact the police. he rode off quickly and had his mum patch him up...

I've hit 2 parked cars so far in my cycling career whilst struggling up hills; 1 I found myself sprawled over the bonnet - which I scratched quite badly. On finding the owner to apologise he looked at me like I was a nutter

Stopped - in a queue of traffic

What does this mean?

[img] [/img]

as above - if she pulled into make a call i bet my bottom dollar she left the car running (to keep her warm etc) whilst making the call....if so and she hasnt got her indicator on and her lights on etc then she is to blame....
indicator not, lights on and engine running = wifeys fault
none of the above = blind cyclist

I call bullshine. One road user collides with another stationary road user in daylight, then it is the moving road users fault for failing to look. The fact that a mobile phone is the reason that the first road user is stopped means that it could be viewed that an offence* was being committed by that road user, but this is irrelevant when apportioning blame as there could have been any number of perfectly legitimate reasons to stop.

*although it would probably be considered as better than continuing to drive and taking the call, therefor possibly not in the public interest to prosecute, discretion of the attending officer, etc.

Not really, else you could just sit in a car on double yellow lines. Stopped - in a queue of traffic

You can, double red is no stopping.

As for whether it's her fault or not depends on more factors, there was a (ficticious) example in Bike a couple of months back about a rider going into the back of a parked car in fog.

Bikers fault - too fast for the conditions (mittigated by the fact no one drives with the ability to stop in the distance they can see. Every driven on a motorway at night? Well your dipped beams are aproximately your 30mph stopping distance, and you can't use highs on the motorway.)

Drivers fault - parking in the road (it's not an acceptable deffence that you should expect everyone else to react 100% perfectly every time, so you shouldnt expect the driver to be able to stop if the car isnt visble from a good distance away)

So the fault would depend on whether a 'reasnoble' person could be expected to miss the van.

fricken [s]white[/s] WIFE van drivers

I have a serious question about this, If the cyclist is found to be at fault, how would your wife go about getting any damage to her van fixed (providing it was damaged), can you get cyclist insurance for such incidents?

Saw something similar in the TT i did... chap had his head down racing at 20+mph, cycled straight into the back of a van (admittedly the van was parked in the linside ane of a dual carriage way rather than the hard shoulder). In that case, they rang an ambulance but I didn't see much more than that. Not nice to see during a race.

She should report it.

I have a serious question about this, If the cyclist is found to be at fault, how would your wife go about getting any damage to her van fixed (providing it was damaged), can you get cyclist insurance for such incidents?

Through your car insurer. The driver I hit did this. I didn't have CTC insurance at the time, luckily my home contents insurance has a clause covering claims against me for this kind of thing. I got CTC insurance pretty quick after that though, crazy not to. I then referred the claim to my insurer who dealt with it, most of the time they drop the claim pretty quick once your insurer gets involved, as it isn't worth their time building a case, and in my case the police hadn't taken any details of anyone else at the scene, so it was dropped. The letter from the driver's insurer is very threateningly worded, but the first rule is pass it to your own insurer and DON'T call the driver's insurer as the letter instructs.

Let's just be grateful he's a cyclist and doesn't drive an artic... 🙂

*puts oscillatewildly down for this week's "BS of the week" thread*

It's now been reported. Polis agreed that was the best thing to do. I've had a look at the van, and the impact has left a small dent - to the left of the number plate!

I expect that this will show up in future accident statistics reports as a car/bike collision and we can all have a whinge about how unsafe our roads are.

luckily my home contents insurance has a clause covering claims against me for this kind of thing. I got CTC insurance pretty quick after that though, crazy not to.

I'm confused - you already had insurance which covered you, why was it so crazy not to buy duplicate insurance?

druidh - Member
I expect that this will show up in future accident statistics reports as a car/bike collision and we can all have a whinge about how unsafe our roads are.

It's the drivers' fault.

Always

3 times in this case.

its always the drivers fault. its always white van drivers fault, bloody women drivers

cynic-al - Member

*puts oscillatewildly down for this week's "BS of the week" thread*

how so? as far as im aware you should not be running the engine with your lights on, on the road side if you know you are stopping for any length of time? as above its courtesy if you do in an emergency have to stop on the side of the road to have an indicator on for traffic behind to let motorist know that you have pulled in....

as i said if shes properly parked up with no lights on nor engine running she hasnt done a thing wrong, if shes running the engine still with her lights on the rear of the car and no indicator on it could appear to other motorists/road users she is still on the road if visibility is not great...

lets be honest, its STW the woman in question isnt going to admit to doing anything wrong, and naturally posting it on here you only ever hear one side of the story.....

if we were to believe everyones stories on here with half the truth then the other person in question would be hung, drawn and quartered every time....

Glad nobody was seriously hurt. We had a similar thing out here. Amaia was waiting to enter a roundabout and heard an almighty bang and the car shook, looked in the rear mirrors and nothing. Then saw the guy in the car behind getting out. She got out and there's a cyclist KO'd on the road behind her! She said she could smell the dope as she got close 🙂 He went away in an ambulance and she sat there on the roadside in 30degC heat for an hour until the special police arrived to measure everything. The guy was OK, in big trouble with his wife apparently. The police advised her to prosecute for the damage to the car because the guy was obviously off his tits and should have to pay. We didn't, through laziness.

The best thing was you could see a face dent and two hand dents on the boot of the car. Then there were a series of scrapes down the back of the car as he's slid down. Poor guy! We sold the car a few months ago but it always made me smile seeing the dents. Remember, if you're too stoned to drive then you're probably too stoned to ride too 🙂

The police advised her to prosecute for the damage to the car because the guy was obviously off his tits and should have to pay. We didn't, through laziness.

The best thing was you could see a face dent and two hand dents on the boot of the car.

Well I wouldn't have got that repaired either 🙂

So OW

indicator not, lights on and engine running = wifeys fault

So a road user can run into a stationary car in these circumstances?

BS

I didn't mention that the cyclist was in his early-mid 60's.

I reckon there should be some compulsory testing for cyclists approaching that sort of age if they can't even see a white van parked on the road.

The cyclists I know approaching that age are too slow to cause any damage.

😳

So OW

indicator not, lights on and engine running = wifeys fault

So a road user can run into a stationary car in these circumstances?

BS

im just stating that it may have looked to him like the car was running and moving (albeit very slowly) if the car didnt look like it was in stationary mode ie, lights off , engine stopped.

i re-read the op again and said that if it was she pulled in properly and stopped engine then the guy must be totally blind....

as i said we only hear what the op wants us to read, so these sort of threads are stupid

I ran into the back of a car once. Old boy in a Fiesta passed me on the approach to a roundabout then stopped dead even though it was completely clear( big open roundabout with a clear view) Cue faceplant on his back window.

I was well impressed that I managed to stay on the bike!

He didn't stop, probably becuase I was doing a lot of shouting!

richmtb - Member
I ran into the back of a car once. Old boy in a Fiesta passed me on the approach to a roundabout then stopped dead even though it was completely clear( big open roundabout with a clear view) Cue faceplant on his back window.

You ran into the back of a stationary vehicle?

Well yes, he had some packs of A4 on the parcel shelf so I would say it was more of a stationery vehicle

im just stating that it may have looked to him like the car was running and moving (albeit very slowly) if the car didnt look like it was in stationary mode ie, lights off , engine stopped.

It's the cyclist's responsibility to maintain a safe distance from the vehicle in front.

The worst we can say about the OP is that she may have committed a technical infringement by using her mobile whilst the engine was still running. Not the most heinous crime in the world...

It's not uncommon.
Someone I know on her road bike hit an MR2 with the top down. She ended up upside down in the passenger seat with a rather smashed bike. If it had been a van the outcome would have been less than funny.
Another hit a van (road bike again).
And a triathlete hit a parked car with the bootlid up on the A69 near us, that one was fatal 🙁

I've just remembered that I once ran into the back of a stationary vehicle - and it wasn't my fault at all.

ransos - Member

im just stating that it may have looked to him like the car was running and moving (albeit very slowly) if the car didnt look like it was in stationary mode ie, lights off , engine stopped.

It's the cyclist's responsibility to maintain a safe distance from the vehicle in front.

The worst we can say about the OP is that she may have committed a technical infringement by using her mobile whilst the engine was still running. Not the most heinous crime in the world...

i dont doubt it at all, and by the sounds of it, hes clearly blind (given information) just that drivers are'nt very courteous to each other alot of the time on the road, let alone cyclists etc

Honestly, I'd be amazed if the engine running thing could stand up in court. Any other road user has no indication of whether or not the engine is running on a stationary car, so how could that possibly have any bearing on liability? Lights, indicators, road position yes I get that, but engine running? Seriously?

In any case. Car driving and then slows down suddenly - cyclists fault, isn't it (alwasy the rear-ending party?); car already stopped - car's fault. Wtf?

Honestly, I'd be amazed if the engine running thing could stand up in court. Any other road user has no indication of whether or not the engine is running on a stationary car, so how could that possibly have any bearing on liability? Lights, indicators, road position yes I get that, but engine running? Seriously?

i dont think it would stand up in court for one minute...if the car is quite modern they often have auto lights, so if the engines on maybe running lights automatically if the engines on and weather looks dull/going dark or she may just have had the lights on out of choice anyways

theres not really a great way of telling if the engines on from a distance other than the lights as a give away, i just wonder if they were on, then maybe rider (blind as he may be) just assumed it was a moving vehicle...

alwasy the rear-ending party?) I that the one MPs go to on Clapham Common?

For those who seemed confused by the acronym... http://www.stop-smidsy.org.uk/

Car could have broken down. Whose fault is it then?

if i was broken down regardless of where i was (other than my own drive/street) id put my hazard lights on, to let people know i was not there out of choice and prewarn if it could cause a hazard...

it is the cyclists fault given what the OP has said, do just wonder smoetimes people of here bend the truth to get the answers they want....

anyways im bored now and as long as they are both ok... im going trying to find this thief in london, much more interesting!

About 35 years ago I was cycling down a steepish hill and pulled out to pass a bus stopped picking up passengers. As I pulled back in I suddenly noticed a queue of cars from the traffic lights further ahead and ran into the back of a small car. Had scrubbed off most of my speed and not sure who was more surprised - me or female driver.

if i was broken down regardless of where i was (other than my own drive/street) id put my hazard lights on, to let people know i was not there out of choice and prewarn if it could cause a hazard..

Electrical fault causing hazards not to work?

Any way, can you see where I am going with this? It seems nonsensical to blame the driver or the cyclist based on arbitrary factors that do not actually contribute to the accident. You either have a responsibility to look where you are going/pull off the road nicely or you don't.

What if a cyclist stopped at the side of the road (no exhaust fumes, no lights) and a car ran into the back if him?

Car driving and then slows down suddenly - cyclists fault, isn't it (alwasy the rear-ending party?)

Not in my case - I'm disappointed nobody has yet bitten.

Go on then aracer I'll bite. I'm also not sure my incident was 100% my fault either

I can also think of an occassion where i nearly rear ended a car while driving that wouldn't have been my fault

Pretty similar to yours, rich - was in a 30 limit going down a hill, doing the speed limit (honest, occifer). Got overtaken by a car which decided to stop for a hitch hiker - brake lights were on before it had pulled back in front of me. I had nowhere to go.

Yeah if a car thats just passed you stops suddenly without you expecting it what chance have you got.

The stopping dead at a roundabout thing is actually a pretty well know insurance scam

I still don't see what difference a running engine could make to liability, if that is what OW is still arguing...

Nor can I, what if she had been sat at temprary traffic lights?

I always go around a park car, hurts to much to ride into one, its clearly the fault of the numpty who rode into the back of the van, don't see why there's so much debate about this.