Whilst coming back from a ride this evening, doing 65mph on the inside lane of quiet, totally straight duel carriageway I got hit hard from behind. Thankfully driving a T5 not on the motorbike. The driver that hit must have been doing a minimum of 80, which is fine if your are looking where your going.

Basically, self employed, can’t open back of van, already have neck and back pain, damage to racking in back of van, need to check bike as lashed down but everything thrown around and into a heap so could be damaged and very very pissed off.

This is the second time I have been hit by someone not looking at the road in front of them, last time I watched in the rear view mirror as a car full of Indian students drove down the road hooting constantly whilst looking out of the side windows until the queue of traffic outside Euston station caused a abrupt halt.

This time I do not want to be out of pocket, everyone makes mistakes but both of these accidents could have been fatal to anyone on 2 wheels.

What should I do now, insurance company said call back in the morning. Do I go to the police, doctor?
I really don’t agree with false claims for whiplash but fairly sore and pretty sure I will be not earning for the next week at least judging by how my back feels at the moment and the fact I cant get to some of my tools. Once I open the back doors of the van they wont be shutting again.

Whats the best course of action?

You should have reported it there and then to the police …. to is a legal requirement. You can be prosecuted fro leaving the scene of an accident etc
After the event , it may seem like you are making it up for an insurance fraud

I really don’t agree with false claims for whiplash

Not false though is it? (by the sounds of the incident)

A&E 1st thing tomorrow,

So is going to the police station in the morning Ok? its closed apart from office hours.

In your situation I would have called the Police,not sure what you can do now apart from getting down to A&E sharpish

You have to report it to the police ….

I think it should be reported to police within 24 hours. But I’m no expert. Definitely should be reported though! Given the circumstances, I would’ve done it straight away. The guy has got to be doing something seriously wrong to manage what you describe.

Ok, copshop 1st thing, A & E straight after.

You can be prosecuted fro leaving the scene of an accident etc

presumably the dickhead managed to give his details at the scene, which is all that’s really required, isn’t it ?

OP, loads of semi-formal advice on the www

like this

Talk to your insurer about what to do – safe storage of your tools etc, possibly van hire if you’re able to work. Get yourself checked over if you’re injured (though there’s a limit to what anybody can do or diagnose unless there’s significant damage – although whiplash is real, it’s commonly cited fraudulently as it’s really hard to show or disprove)

Take care, and be bloody thankful you weren’t on your bike or even cycling. Police may be interested in why he wasn’t paying attention (drink/drugs/phone could all be checked if they want to)

As soon as possible and in any case within 24 hours (police), off the top of my head anyway. You can ring them and report it in the first instance, no dramas 🙂

Thanks for the advice, was a bit shaken up at the time, there where very young children in the car and safest place I could find to stop still felt pretty vulnerable to be stationary. Got the guys details and was glad to get away.

I tried to get the police in London, but just gave up in the end.

Yeah, take the injury stuff seriously – get checked out (and your kids!) and get it documented. If you’ve an injury that leads to time off work you’ll probably need that to claim. Hell, get everything documented – all damage, injury and business losses and claim on it. It’s what’s insurance is for.

You should have reported it there and then to the police …. to is a legal requirement. You can be prosecuted fro leaving the scene of an accident etc

no.

OP read here: https://www.essex.police.uk/contact_us/road_collision_records/faqs.aspx

I would suggest you contact the Police and get a collision report within 24hrs. tbh given the speed of the car that hit you I would have called 101 and got an officer on the scene anyway as hitting a van doing 65 hard enough to do that damage would mean he was without reasonable doubt over the speed limit and driving without due care and attention.

Get the report and get it all logged, this will back up any claims you need to make. Do you have legal cover?

You will probably be in more pain tomorrow. Get to your GP or local minor injuries as soon as possible. Write down everything and every cost, journey etc so you can claim for it. Get signed off if you need to be (I lost 6 weeks of work last year but stupidly didn’t get properly signed off and am self employed too so will now have to prove it from my lab and mileage logs and hope they accept them).

Hopefully they can rent you a temporary van. As for securing your tools can you park the van against a wall?

Minor injuries unit or GP for suspected whiplash several hours after the incident.

aren’t you supposed to turn & face each other in a duel?

It’s a week or do for reporting to police. Has to be done in person at a station, where you will get a form to complete.

I would have called 101 and requested them to attend, at least they’d have breathalysed the other driver.

It’s a week or do for reporting to police. Has to be done in person at a station, where you will get a form to complete.

It isn’t a week. It’s as soon as practical or at the latest within 24 hrs.

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

And reporting it means in person at a station or to a cop. Not by telephone.

http://www.trafficaccidentadvice.co.uk/what-to-do-if-youre-involved-in-a-road-accident.html

Minor injuries unit or GP for suspected whiplash several hours after the incident

Bear in mind you may get charged for the assessment; treatment following traffic accidents apparently isn’t NHS work.

traffic accidents apparently isn’t NHS work

Due to the rise in time waster fake whiplash claims they pushed the bills onto the insurance companies. Was happening back in 2000 I think.

You only NEED to report it if you can’t exchange details, and in the case of injury to anyone else, insurance details as well

IME most people forget something, usually the owners details (as opposed to the driver) and in the modern age phone numbers tend to get used rather than the address
If this is the case then you must report it to the police as soon as practicable (i.e. there and then) unless you really cannot, in which case it must be within 24 hours

If you don’t need to report it to police because you’ve exchanged everything required by law at the time and days later change your mind, possibly because an injury develops in someone else, then you can report it (much later) and the police will still take the report

andyl sadly has practical experience here, I’d be considering his advice

Gld you are ok OP. Out of interest did you have your lights on? I always put mine on in dark skies/downpours. If he hit you with your lights on I’d have called the Police. Even in heavy rain/spray yoi can see rear lights on so either he was on his phone typing or high/pissed.

Do NOT go to A&E.

Thanks for the advise, Hora no lights on 20.15 in the evening with bright sunshine from behind/to the side so no sun in the eyes. Van has day time lights so the fronts are always on.

The guy said he was distracted by the 2 very young children, baby in the back with mum and 18 month in the front in rearwards child seat.

There wasn’t any other cars around, pretty sure he was driving in the outside lane and drifted across looking at how the vans been hit. The road is dead straight and uphill for 2 miles so I guess there is less incentive to look where your going.

This, surely this is GP / drop in clinic job. No wonder A&E is screwed.

Glad you’re still with us, hope all turns out well!

when ever you have an a RTA call 999 immediately and take pics like your David bailey.

slightly out of touch these days but Section 170 of the road traffic act requires that after an accident you stop and give anyone who has reasonable grounds to require it your name and address, the name and address of the owner of the vehicle and the identification mark of the vehicle. If the person doesn’t give his name and address, the accident needs to be reported. This must be done at a police station or to a constable as soon as reasonably practicable and within 24 hours.

Also, in an injury RTA, there is a requirement to produce an insurance certificate to the police or someone having a requirement to see it. If this is not done then it also makes it reportable.

So, Section 170 has been complied with regarding names and addresses, but probably not for the insurance so this needs to be reported asap.

Rich.
(with thanks to an old copy of Butterworths police law and hazy recollections).

As said you have 24 hours to report to the police.

When someone drove into the back of me while I was stationary 2 years ago I went to the GP to get checked over. That way I had piece of mind that I was ok, and it was on record that I had sought medical advice. They advised not to do any heavy lifting, and to take ibuprofen.

I didn’t claim for whiplash as although I was sore it didn’t stop me working as I have an office job. If I were to not be able to work though it I may have persued it further, but I hate people who claim or see it as a way of making a bit of extra cash and didn’t want to be that person.

As said speak to your insurance company about tools etc, and take pictures of any damage before you open the van doors. I also found that my insurance company dragged their heels as they wanted to claim as much as possible from the other persons insurance. They were trying to perusade me to take a courtesy car and claim for whiplash etc as they have their own departments that deal with it. It was blatently obvious that they were trying to push me down that route to make even more commision from my claim. If you do go down this route it may delay the process even more, as they can bill the other persons insurance company for this.

Good luck getting it sorted.

I got a caution for not reporting an accident immediately. The wording is “as soon as you can” which given you had access to a phone is straight away or when you got home. The 24 hours bit is if you really cannot maybe an really isolated place or injured.

issue a challenge for pistols at dawn

The guy said he was distracted by the 2 very young children, baby in the back with mum and 18 month in the front in rearwards child seat.

This is why some insurers ask whether you regularly have small children in the car…

and 18 month in the front in rearwards child seat.

Hope he had deactivated the airbag.

The guy said he was distracted by the 2 very young children

Driving Without Due Care, then.

Indeed – people do appear to think that admissions of not paying proper attention are excuses.

people do appear to think that admissions of not paying proper attention are excuses.

And sadly, some of them are judges.

Speaking of which. He’s been sufficiently distracted to fail to see a bloody great van on a straight road in good conditions, whilst exceeding the speed limit by a considerable margin, with his partner and two young children in the car? I’d be pushing to get him his day in court, I reckon.

The guy said he was distracted by the 2 very young children, baby in the back with mum and 18 month in the front in rearwards child seat.

..and doing 80mph?? I’d have called the police from the side of the road and got him breathalysed. Or IQ tested.

Not sure if it’s already been said but you probably shouldn’t be telling people you were breaking the speed limit yourself…

That aside I hope you get a swift and positive outcome to this all.

Any chance of some pics?

That’s what happens when you take the duel carriageway, it’s frequented by aggressive oiks!
A gentleman always takes dual carriageway.

bigshep – Member

Not sure if it’s already been said but you probably shouldn’t be telling people you were breaking the speed limit yourself…
Because…….?