Incident on commute to work this morning, advice required!

Having a great year commuting in to work 🙁

This morning on the way to work I had a run in with a transit van. The van overtook me leaving very little room, and then stopped at a red light not more than a couple of hundred metres ahead. The usual verbals took place as I filtered past in the cycle lane. When I stopped in the advanced green box thing and took up position ready for the lights to change the van drove into the back of my (new, grrr!) bike.

Result is a pringled rear wheel and snapped rim.

Van driver got out and squared up, refused to give insurance details, so I called the police. Witness saw van driver grab me, whilst on the phone to plod.

Anyway ignoring the fact that handbags occurred what do I do now about claiming money to repair my bike?

Police arrived and took statements at the scene, I’m due to give a detailed statement tomorrow regarding the physical kerfuffle, but I now have a crocked bike. Can I take it to get repaired and keep the receipts incurred, including train fares, bus fares etc, and then claim off his insurance? Assuming the police can get those details, they assured me not to worry on that score.

Or do I have to wait for an insurance company to assess and process the claim?

I want to get back on the bike asap and not dwell too long on the incident.

Any thoughts?

I’m now going to complete my commute to work, will check in shortly!

Steve

Can I take it to get repaired and keep the receipts incurred, including train fares, bus fares etc, and then claim off his insurance, assuming the police can get those details, they assured me not to worry on that score.

yes but you will need an itemised invoice from the bike shop. explain to them why and they will be fine with this.

If you have a witness, and the police have the reg of the van his insurance will have to pay for it I’d assume. as well as the charge of leaving the scene of an accident he [should] receive.

At least the collision didn’t give you whiplash…

twistedpencil – Member
The usual verbals took place as I filtered past in the cycle lane

Just. . . . why?

At least the collision didn’t give you whiplash…

😉 – I’d go see a doc, just in case of that neck pain you *might* get later on.

this

Just. . . . why?

and this

When I stopped in the advanced green box thing

Assuming you felt the driver was either grossly incompetent or deliberately dangerous (or you wouldn’t have felt the need to be involved in verbals) why would you then position yourself in front of the driver you have just wound up? You don’t have a batphink style shield of steel. It does not make him right, but why endanger your own life?

If I ever find myself in a position to want to rant at a driver (which is rarely these days thankfully) I go out of my way to ensure I’m not a target ready to be lashed out at straight afterwards.

Hope you get it sorted and also learn from it about how to keep yourself safe in the future.

I’m still trying to work out why he stopped at traffic lights ?

Yes, in future, when someone endangers you by passing too closely. Just do the british thing of keeping quiet and carrying on. 🙄

Think of it as a Darwinian thing – do you poke the tiger with a big stick from inside the cage or at very least from the safety of behind the bars.

Yes, in future, when someone endangers you by passing too closely. Just do the british thing of keeping quiet and carrying on.

Obviously it’s not right that you should have to bite your tongue – but the simple fact is that the confrontation could have been avoided by doing so. You’re not going to change the van driver’s behaviour by arguing with him so what’s the point?

I have had verbals with drivers who simply didn’t realise that what they were doing is dangerous, had numerous apologies so I believe its the way its said rather than the actual confrontation.

Even so I’m on the side of the OP, assault with a dangerous weapon no need regardless of what was said, shouted or gestured.

Hope you get it sorted 🙂

You’re not going to change the van driver’s behaviour by arguing with him so what’s the point?

seriously? if someone has put you in danger, they need to hear it.
to walk away without letting them know is totally remiss.

do you poke the tiger with a big stick from inside the cage

bad analogy.

bad analogy.

explain

as well as the charge of leaving the scene of an accident

…and one for assualt I’d hope.

EDIT: This is one of the reasons I’m a CTC member – if that happened to me, I’d be speaking to their legal team about what to do next right now

zilog6128 – Member
You’re not going to change the van driver’s behaviour by arguing with him so what’s the point?

No the OP won’t change his behaviour, but having a police record might temper his behaviour a bit in future

if the van driver had killed you he would have recieved a short driving ban.
as you are still alive, im surprised the police think they will be of any use.

get the bike, your clothes etc fixed and get fully itemised reciepts at every stage, if he is insured you might get some joy but it will be months from now.

No the OP won’t change his behaviour, but having a police record might temper his behaviour a bit in future

^^ This.

This thread on the LFGSS forum is worth a read – for every cyclist.

Batfink, btw.

I’d be feeling a stiff neck about now and phoning a no win no fee place to…

OP.

Take photos of the damage, get written and itemised quotes for the repairs from a good bike shop, keep ALL receipts including bus fares / tickets and other expenses including any lost pay due to having to do all of this within working hours. Get your bike repaired but keep all of the damaged parts including the cut out spokes from the wheel rebuild.

Then claim on his insurance quoting the incident number from the Police, you will need to ask for this and it will help your claim. Ask the Police to provide you with his details.

If no insurance then small claims court.

Batfink, btw.

Thanks, cartoon knowledge is not what it was.

These are the CTC’s recommended solicitors:
http://www.rjw.co.uk/legal-services/personal-injury/cycling-accident-compensation-claims/
They’ve got an 0800 number and email so might be worth contacting them?

I’m sure the van driver will say the sun was in his eyes

I’d be feeling a stiff neck about now and phoning a no win no fee place to…

Christ…so its folk like you I have to thank for increasing premiums and an increasingly litigious society? 🙄
Nice one…

bad analogy.

explain

A tiger is a Deadly big cat kept safely away from the public in a cage, because it knows no better than to try and kill them, Van drivers don’t really have this excuse…

Said Van driver, probably aggreaved by the failure of some overpaid Kickballists the preceeding night, Has actually been licenced and judged competant to be in charge of a ~2.5Te Turbo Diesel death wagon on the public highway, meaning he knows rules like “Don’t run other people over” but is aparently incapable of controling his temper and thus resorts to driving into push bikes in order to satiate his impotent rage despite being conscious of the rules…

It is just not acceptable try and mow anyone down even if they did use mean words or swears at you… End of…

At the very minimum I reckon the OP should push the CPS to persue a charge of Attempted Murder, seeing as it will almost certainly get bartered down once in court its probably best to aim high, if you ‘only’ charge him with dangerous or wreckless driving he’ll probably get a light telling off these days…

I’d hang fire for a bit and wait to see the outcome from the police over the next week. Unless you are quite happy to pay for the repair should something go “wrong” with the claim.

I’d also get the rest of the bike chceked. Their might be damage to the frame itself – get the bike shop to check the alignments/it isn’t bent and that there are no crack.

FWIW it is normally worth letting aggressive/abusive or bad drivers pass you. You won’t be able to convince them in a civilised debate at the side of the road – let them drive off and stew/wrap them selves round a lamp post…

Christ…so its folk like you I have to thank for increasing premiums and an increasingly litigious society?

Pfft get down off your high horse, this is a case of someone using their van as a weapon and deliberately hitting someone. The more grief they get as a result the better, assuming they’re insured then it should impact their own premiums nicely.

FWIW it is normally worth letting aggressive/abusive or bad drivers pass you.

yeah, i let them go too. No point in trying to act as a one man road police one car at a time, a lot to lose and not much to gain.

Slightly different situation for me but I was knocked off my bike, breaking my shoulder, last year and I managed to get the driver prosecuted (Driving a mechanically propelled vehicle on a road without due care and attention). Driver got 6 points and a £400 fine plus costs. I’m just awaiting the matters of the civil case – i.e. compensation – to be finalised by the driver’s insurers. I am a CTC member and through them I was in contact from day one with Russell Jones and Walker. However, you don’t need to be a CTC member to get these guys on board (as long as they consider your case a strong one – sounds like it from the feedback you’ve had from the police).
HOWEVER, in my experience the solicitors were really only interested in the civil case. It was up to me to lead, cajole and bother the police into prosecuting. I even had to chase the police and ambulance service for witness statements from their people who attended the scene to prove that I had lights on my bike (the driver tried to wriggle out of accepting liability by claiming I didn’t have lights).
If this van driver chap has behaved like a c**t (sounds very much like he has) I WOULD GUN FOR HIM. If you agree with this strategy then my experience has shown me that you must be prepared to actively guide the police and your legal team.
Good luck! 😀

kayak23 +1

FWIW it is normally worth letting aggressive/abusive or bad drivers pass you. You won’t be able to convince them in a civilised debate at the side of the road – let them drive off and stew/wrap them selves round a lamp post…

Let ’em past of course, obstructing the road makes you as much of a liability as them

But They need to hear the odd “un-censored critique” from other road users, I’m sure they don’t hesitate to pass on their wisdom to others via the horn and/or use of some choice language, its give and take part and parcel of using the roads now…

Shy away from communicating poor drivers errors to them and the odds are that they won’t just quietly wrap it round a tree, more than likely they’ll clip another cyclist or run a Ped’ over…
If you don’t say anything they have even less chance of learning… (IMO of course)

Said Van driver, probably aggreaved by the failure of some overpaid Kickballists

You are a bad Jeremy Clarkson impressionist, and I claim my £5.

Firstly thanks for all the responses.

I’ll start by defending the driver, he didn’t leave the scene of the accident, if I wrote so it came across as he did I apologise for the confusion. He stayed and went for me on a couple of occasions instead, even when I was on the phone to the police.

I’d now like to defend myself from all the forum users that suggest winding my neck in.

The ‘verbals’ were not that aggressive, I’d pretty much put the incident out of my mind when I came to a stop.

I find letting fly with a few choice words diffuses my anger at what I perceive as dangerous driving. I know this is not big or clever but helps reduce the adrenalin levels. I really would love to be zen like and let these things wash over me, however that is not how I’m wired, I’m a lot better now I have kids :D.

In six years of commuting the same route I’ve only had two, now three, occasions where I’ve felt threatened by another road user. I have reported all these incidents to the police btw.

The majority of times the offending drivers apologise, one or two have been known to be genuine and hold their hands up admitting a mistake has been made.

If I get to the point where I feel intimidated by other road users to have to stop expressing myself then I’d have to stop riding.

The last thing we should be is meek when we are wronged as some car / van / bus / taxi drivers seem to think we shouldn’t be on the roads at all. I don’t advocate an aggressive response, however I’m more fight than flight, I really wish I wasn’t, but I don’t believe that having a rant post near collision is a bad thing. As stated previously and by others a positive outcome can come from it, ie the driver realising they made a mistake and thinking about it for future reference.

The police suggest taking details and reporting near misses, but if I did that I’d be done for wasting police time. There must be three or four times a week when someone drives badly putting me in perceived danger!

Anyway not condoning falling out with people per se, just not one to let things pass without a debate.

Piedi di formaggio, what is this sun you allude to? My commute is in south manchester 🙂

Bikes going to be checked over tomorrow and hopefully repaired, I will then pursue a claim against the driver.

My ego is sore from getting into such a petty scrape in the first place that has resulted in a crocked bike, but other than that I just want compensation for my bike 🙂

Thanks to everyone for replying.

Steve

This thread is handy:

http://www.lfgss.com/thread4213.html

The driver deliberately drove into your whilst stationary?

Enough force to do that your wheel?

Has he been arrested yet? Thats dangerous driving at the very least.

Gobsmacked.

OP you shouldn’t feel the need to defend yourself at some of the points of view expressed on this thread, cyclists have as much right to use the road as any other road user be it van, car bus, truck whatever, I too would of given the Van driver a peace of my mind just like someone in a car would do :roll:. This van driver is obviously very aggressive bully who needs reigning in, so I hope plod do their job well and bring about prosecution. Good luck.

twistedpencil – Member
I find letting fly with a few choice words diffuses my anger at what I perceive as dangerous driving. I know this is not big or clever but helps reduce the adrenalin levels.

Nope, you are engaging and encouraging your anger with that.

Twiasted pencil just get onto a solicitor who specialises incyccling accidents, details in any cycling magazine, its usually free advice .

as for the assault, you may also be able to clauim criminal injuries compensation, and do you have the drivers comapny details, perhaps ring them as well.

Was it a white transit…..

cynic-al

“Fear is the path to the dark side. Fear leads to anger. Anger leads to hate. Hate leads to suffering.”

Are you two foot high, green with big pointy ears?

Will you train me?

Steve Skywalker

😀