[Closed] Collision with a car - what do you do?

Me personally? I will demand a refund as she shouldve done a better job

😛

Driver pulled out without looking properly , they're fault . If they start getting funny you could develop whiplash 😀

Are you a member of the BCF??

Do i report to anyone and how to i prove she wasn't looking?

Rockey - british cycling? Yes

If your a member of BC get them on to it. She will prob think twice about pulling out on a cyclist again, and think even more before trying to get money off a cyclist she has pulled out in front of again!

Your covered through BCF then.

INCIDENT HELPLINE
If you have been involved in an incident whilst riding or wheeling your bike please call the Incident Helpline
T: 0161 274 2015 e: incident@britishcycling.org.uk

Great, call them on Monday and ask for there advice, anyway we pay for the advice, do you have Gold or Silver??

Yep, her fault, call BC, tell her you've passed the details to your insurance company. Are your STIs ok?

silver

sti is bent 🙁

Deal done, call them and ask,

As others have said, incident helpline at British Cycling. 0161 274 2015, open from 9am on Monday.
Without knowing the exact specifics of the incident and without wishing to cast aspersions in any way...

You claim she's responsible as she pulled out without looking.
Her insurance will probably try claiming that you're responsible for "not leaving enough space in case someone stepped off the kerb/pulled out/did other daft move"

As I say, I'm not casting blame, simply saying that's the argument which she and her insurance will try and pull. Just so you can prepare yourself for it.

In the meantime (assuming you've exchanged details), don't get involved in any debate with her. No real point reporting it to the Police unless she was drunk/on the phone or she left the scene of the accident without stopping (which is obvious from your OP that she didn't).

She was parked

You were moving along the carridge way

She pulled into your path

How ever you have an issue as you hit the rear of the car and not the side. Indicating her manuver was complete.

I see 50/50 at best

No point phoning the police unless you are "injured". You have 24hrs to report. Did she give you her details, address etc? If not you can also as she has failed to give details.

I think you're on dodgy ground here - you ran into the back of her; Highway Code would say your fault as you should have anticipated.

I think....

She pulled out without indicating and stopped dead - not a chance to stop. I assume i was in her blind spot when she checked

She joined carriageway causing other road users to chnge coarse or speed, manoeuvre not complete, her fault.

Assuming that what you are saying is accurate then she is completely at fault. It matters not that you hit the back of her, just like it would not matter if you were driving along the motoryway and some eejit took off from the hard shoulder into lane 1 and you ran into the back of them.

Silly question but what details did you give her? You're a cyclist, she has no way of knowing who you are? Just leave it?

Her fault but not sure about the legal side.

collison with a motor vehicle - report to police.

Silly question but what details did you give her? You're a cyclist, she has no way of knowing who you are? Just leave it?

True but, if traced, you're the one then at fault for leaving the scene of an accident.
Besides, suppose the OP found out later that the impact not only bent the STI but also the bars or the frame and instead of being £ out of pocket, he's now £££££ out.

Hypothetical, I know.

Let's assume you do leave the scene of an accident where there's little/minimal damage but the other party wants to pursue it. Hardly difficult for her to call in the police and claim all sorts (assault, threats, carrying a knife, whatever) and give a description. From Hope there really aren't that many ways you can go, you'd be caught in a few minutes and then it would be difficult to explain your way out of it.

I had an incident last year where I went into the back of a car - was my fault. I gave the driver my details, but he never got back to me. He probably had about £200 worth of damage on the rear of his car, so maybe his insurance sorted it (even though I had no insurance on my side).

I did however end up with a broken wrist 'n broken frame. :\

In your case it sounds more like the driver was at fault, although they can always say you were following too closely (just re-read what u said though about them just pulling out), so unlikely.

Would be interested to see how they resolve your case here (only reason I've joined BC is to protect myself against incidents like this) 🙂

At best 50/50 maybe slightly more towards your fault.

Wow a lot of RTC experts on here tonight!

Rob I'd write an account of what happened, timing, distances, speed etc NOW so you don't forget. You can call BCF lawyers and no harm but unless you want to claim they'll probably say sit tight ans see what she does.

What do i do WHEN she rings asking for cash though al?

😯 if she pulled out onto the road without looking properly it would be more appropriate to apologise for nearly injuring you rather than asking for ££ to fix her car!

The joy of strava and GPX reading software 🙂
Doing 12mph as i started to brake and 1/2 mph on impact!

Rob: tell her (politely) to ram it - I bet that's the advice solicitors will give you. Force her hand - your defence is paid for no?

You could report it to Rozzers, unlikely to go anywhere, but it's a contemporaneous and formal record of your version of events.

True but, if traced, you're the one then at fault for leaving the scene of an accident.

Only if you fail to stop, the OP stopped.

OP - other parties fault - sue her arse off. 😆

rob jackson - Member
What do i do WHEN she rings asking for cash though al?

Posted 6 minutes ago # Report-Post

Just say youve passed it to your insurers and they are now dealing with all correspondance.

i try in vain to stop and hit her car.

Going too fast and unable to stop?
🙄 😆

Not sure that 12mph on a main road is too fast really stu!

If you couldn't stop it could be argued you were going too fast. 😉

Skills coures? 😆

What's the stopping distance from 12mph on a road bike? The more this thread goes on the more i'm thinking we're not being told the full story.

glupton the "story" is exactly whats been told from the off

[i]So scenario, Riding along through Hope at about 10-12mph at most on my rd bike. A woman in a car pulls out from the parking spaces on the left o/s spar/18 bikes just as a bloke pulls out also from behind the car in front of her.

She jams her brakes on, i try in vain to stop and hit her car. Dint from my STI in her boot. She says "he pulled out so i stopped, not a clue what that noise was" - it was me hitting her. She patently pulled out and didn't see me coming [/i]

She [s]patently pulled out and didn't see me[/s]knows your a bit of a nob and saw you coming

If that was the case you would be knocked of daily

I am. 8)

But not by old women in shit cars. 😆

men on bikes in lycra?

Thanks for the offer rob and i'm flattered and all that but you're not my type. 😆

So long as no person is injured it's a non-reportable accident so the police don't need to know about it.

At most her insurance company could try and claim against any public liability insurance you may have (house ins etc) but as it was her fault I would say she hasn't got a leg to stand on.

Crack on and back out riding 🙂

Can she prove someone pulled out in front of her? You had right of way, she pulled out in front of you? Her fault case closed

NOOOOOOO - my BC membership lapsed! Any other ideas/sources of legal advice?

NOOOOOOO - my BC membership lapsed! Any other ideas/sources of legal advice?

This is why you get those nice renewal emails...
CTC are the same, they'll only assist if you're a member. Could try one of the numbers in the back of Cycling Weekly, there's usually several no-win-no-fee cycling solicitors listed there.

Now go and renew your BC membership.

doing it as we speak, bizarrely got my renewal letter last week for 24/1/12!!

A few tips here: [url= http://www.lfgss.com/thread4213.html ]http://www.lfgss.com/thread4213.html[/url]

" ....just as a bloke pulls out also from behind the car in front of her."

Seems to me like there were two people driving her car...

eh?

if you really believe it was not your fault, why dont you just refuse to pay on those grounds and if she doesn't agree she can take you to a small claims court.

she has your contact details so you can't be accused of leaving the scene or anything like that.

the next move is hers, just see what she does

Not sure that 12mph on a main road is too fast really stu!

Any speed is too fast if you're unable to stop safely.

You could argue that she violated your right of way - but then she could argue that you should have been able to anticipate her actions (always expect the unexpected, especially on the roads).

If she starts shouting for compo, point out that your bike sustained damage too and that you want compo from her.

Personally I see this as a 50/50, it's going nowhere.

thats my thought

I don't understand this. If she pulled out in front of you she is unquestionably at fault.

My two pennorth:

1) You've not helped the assembled stw judge and jury with this description

just as a bloke pulls out also from behind the car in front of her

I'm not the only one confused by this. On my reading, behind the car in front of her, would be her, surely? Perhaps you could clarify what you mean by this. It would, I'm sure, help us immensely in judging you.

2) Fault. Not suggesting in the absence of damage to a child's face that the police will ever be interested in this, but if they were, then I would suggest that

She says "he pulled out so i stopped, not a clue what that noise was" - it was me hitting her.

3) The presumption I've seen here a couple of times that if you hit her back end (oo-err) it is therefore your fault is ridiculous. It's the same as the ignorance you see about the "presumed fault" concept - some people seem to conflate it with proven fault, e.g. if a car hits a bike (Holland is it?) there's presumed fault, this DOES NOT mean it's the driver's fault. It means that it is presumed to be the driver's fault unless or until it's shown otherwise. Same here, you can start, and it's not unreasonable to do so, from the assumption that: bike hit back of car = cyclist's fault, but that DOES NOT mean that it IS the cyclist's fault if, when you look at the sequence of events, it turns out that it wasn't, which it may do here (I'm still confused by the car behind the one in front thing so not quite ready to form a judgement, although I fully intend to do so once I'm satisfied that I have the information I need).

Hope that helps

So the car in front of her pulled out and she had to stop ?

Had she been driving (Ok, parked but still applies) with due care and attention, she could have realised that as the car in front was occupied, it was likely it would be pulling out into traffic.

Further to that, if you had been going any faster (within the speed limit) and she had stayed where she was, you would have just run in to the back of the other car. That said, he may well have actually seen you and stopped moving because of that. (if i have the sequence correct).

Any speed is too fast if you're unable to stop safely.

I don't think she will even ring up asking for the cash after she has had some time to think about it. I wouldn't worry about it, and I certainly would refuse to pay, that will be the end of it

surely you must have had a go pro on your helmet, they're life savers these days....

Got home to a message from car driver, ignore?

Do whatever your lawyers advise.

and now claiming 800 ****ing quid

I expect she's got whiplash, too.

Get some legal advice. If she's determined to be a pain, you can throw your own bike damage into the mix.

Time for legal advice

Home insurance?

Get a cycling solicitor its worth a few quid if what you said is true then should be open and closed case. Cycling lawyer would be the key though !

Get the legal eagles on it. You should be on safe ground. Whilst strapping my bike to my (parked) car a roadie rode straight into my boot. Turns out it was my fault as he's the 'vulnerable road user'

Try speaking to www.bikeline.co.uk - the advice you'll get should be just as good as you'd get as a BC member (they'll just refer you to their friendly solicitors who work in the same way). Or if not, if you have home insurance you'll most likely find you have legal cover on that which will cover it.

Hopefully this will be handled by the home insurance (marks and spencers?)

If your version of events are correct it's amazing that she even thinks she can claim anything from you. You had right of way and that's the way it would be seen by any court. What you could do with really though, is a witness, otherwise it's your word against hers.

That said, if she hasn't changed her story, then it should be clear cut.

Hopefully this will be handled by the home insurance (marks and spencers?)

Yep - I'm with them, and fairly sure it has such legal cover.