Mrs stu has been hit by a car.

Propper turned right across her while she was traveling straight down the main road.

In the hospital with her now, think she has a broken wrist and ribs.

Thankfully she seems okish as in she’s not going to die but a bit distressing for both of us.

Seeing her being hit like that and catapulted about 10 foot in the air was quite svarry…

Anyway we’re members of the CTC so what do we do about trying to claim back for a wrecked frame, helmet and glasses?

Any advice welcome.

Have you reported it to police? It’s an injury rtc and possibly driving without due care by your description

Heal fast Mrs Stu.

Bloody hell….

Healing vibes to your good lady.

wrecked bike, clothing, injuries, and taxi fares etc, ctc will claim them all for you give them a ring along with Police and report it as an injury accident, police will require a statement and interview driver as well , and hopefully prosecute driver.

Don’t be in a hurry to make a claim as injuries don’t just appear immediately.  A good friend of mine ended up seeing at least 6 specialists for different body parts when she came off her bike.  Keep all receipts for parking, train tickets etc especially if you need to accompany the injured to further appointments.

Police should be called for injury RTC. There are lots of issues and they are best dealt with by Police, although even in what appears clear cut cases, it all takes forever.

Best wishes to your injured Mrs.

As it happens a Police van stopped about 2 minutes after the incident.

Full report given and 2 independent witness stopped and also gave statements to the police.

Officer that stopped has also just turned up at the hospital to take a fury fury statement and check that Amanda’s not dead yet…

The motorists in question has told the police that the sun was in her eyes and it’s not her fault…

Makes me propper angry.

CTC by all accounts have good support for this sort of thing, although something I fortunately havent needed from them, so would call their cycle aid number and get their legal specialists on the case.

The motorists in question has told the police that the sun was in her eyes and it’s not her fault…

So she just pulls across the road without being able to see, I wonder how many near misses she has had?

Whose fault does she think it is if she decides to drive across a carriage way without having clear sight?

Best wishes to Mrs sss

No useulf advice to impart, but hope M is ok. Horrible news to hear 🙁

Heal well Mrsssssssssssstu

Get well soon, Mrs Stu.

Nothing to add other than healing vibes to Mrs S and virtual hugs to you both

The motorists in question has told the police that the sun was in her eyes and it’s not her fault…

FFS 🙁

No advice, but hope she heals up well.

Did the officer take that as a statement from the motorist?

Sorry to hear this mate, glad she’s ok (ish).

where did this happen?

K’ford high street.

About half a mile from home.

Yep thatst what she told the police.

Just got back from x-ray.

Fractured wrist. Black and blue all over scuffed up face and cut up lip.

Not even looked at the bike yet but did see a huge dent in the top tube as I pushed it back home.

Cheers for all your God wishes.

Sorry to be the bearer, etc but it’s unfortunately been a valid defence on more than one fatal occasion.

Most notably a young female who killed a motorcyclist when she pulled out without being able to see because “the sun was in her eyes”.

Court found her not guilty!

I hope you can make this one different

oh man, **** hell, nightmare!

Hope she feels better soon, healing vibes.

Sorry to hear that. Glad she’s as OK as she can be after something like this.

Sensible to manage expectations re any criminal prosecution.

Speak to CTC lawyers re claim, claim for every penny you can and don’t take any crap, insurers will give you plenty (I had an identical but milder collision a couple of years ago, happy to help/advise)

Good that she’s ok, heal well.

Shit man, hope she heals soon.

Can’t have Stu without dumpling!

When I’m driving my car, and the sun is in my eyes, I take account of that so that I don’t hit people. It’s really not that hard.

Hope your wife gets well soon.

ouch, hope she heals fast

… and that the driver **** right off

The one time I was knocked off it was also ”’the sun was in my eyes’, how is it allowed to be an excuse?! The only reason on maybe cposdibly could be valid is sudden changes such as cresting a hill or exiting a tree lined section.

Healing vinrd

Healing wishes to Mrs Stu and hopes for at least a ‘driver at fault’.

‘sun in eyes’ should never be a valid claim. That processes to ‘couldn’t see shit but went for it anyway’ which ought to be at least careless if not dangerous.

Sadly, Police will only go for what they think they can get past CPS and CPS know that whenever this sort of thing goes to trial the jurors all imagine how easily they could make the mistake and acquit without consideration for how close that moment of carelessness came to ending a life and destroying a family.  Personally I think RTCs should be Magistrates and not Jury.

Ouch. Alison sends best wishes. She also came very close to being splatted on a mini roundabout last week.

Definitely a personal injury claim so let CTC advise and don’t rush into anything.

The initial Police response is usually down to the attitude of the individual officer – at least yours seems interested so that is a start….

How can the sun be in your eyes when it’s pretty much at its highest in the sky at the mo..

winter, it’s low. Summer, not really. It’s quire high..

Summer, not really. It’s quire high..

Depends on time of day and direction of travel. On Wednesday about 9ish despite well angled sunshade and glasses my ability to see was seriously reduced for short term. However I took the cunning approach of slowing down and crawling until I could see properly. Although I was nervously checking the rear view mirror for some muppet who didnt take the same approach.

“Sorry to be the bearer, etc but it’s unfortunately been a valid defence on more than one fatal occasion.

Most notably a young female who killed a motorcyclist when she pulled out without being able to see because “the sun was in her eyes”.

Court found her not guilty!”

I bet you’re cheerful at parties.

Firstly, that will have been a criminal prosecution, for a criminal charge requiring a very high burden of proof, and to a completely different standard to that of the drivers claims department at an insurer.

Secondly, judges can and do make mistakes, they’re human.  But 1 dodgy uncited ruling, or one you don’t appear to understand, isn’t worth worrying the op over.

This is a civil matter, the burden of proof shifts to “on the balance of porbability”, and as on a sunny day, its entirely forseeable sun will get in your eyes, and care needs to be taken, theres little chance of a claims department resisting this.  If the injuries or losses were very serious, they will rightly look into any contributory aspects, but as the cyclist is vulnerable, potentive causality, along with the onus of the turning vehicle to turn when safe to do so, and the forseeability and requirement to consider its effect, mean this claim will almost certainly be paid.

Just be careful who CTC use as solicitors, as its not down to quality, but the size of the kickback they get, in what ever form (referral fees are banned, but the legal profession in personal injury is *so* dodgy, they have a habit of getting round these things).  Ensure that they’re not taking a %, if you have CTC insurance.

Personally I think RTCs should be Magistrates and not Jury.

Careless driving (rather than Death by… or Serious Injury by…) will normally be magistrates.  Of course that doesn’t necessarily mean you’ll get the outcome you wish.  They make desicions based on the evidence before them – if the prosecutor doesn’t lead the evidence about what a careful and competent driver would have done with sun in their eyes (usually by asking a police traffic officer) or question the height and direction of the sun (most likely asking a police collision investigator) the magistrates may well find themselves no better informed than a jury.

for a “minor RTC” quite possible traffic/collision investigation won’t be involved.  CPS then have to make a charging decision from behind a desk probably based on some poorly transcribed statements with no scene plan/map and whilst a stack of other seemingly “more important” cases are building up and timelimits/targets are mounting.

its possible that anyone in that chain (and likely there will be several prosecutors who deal with it before it reaches trail) has the potential to flag such a defence as being nonsense but equally many of those people have the ability to decide no further action.  Most of them are likely to be drivers.

however as the previous poster says that is totally different from a civil claim – not least because the lawyer on “your side” is likely to be experienced in exactly this sort of thing and only has to prove to the balance of probabilities.

Should be relatively easy to test the validity of the “sun in my eyes” defence by taking a car to the same junction at the same time of day and seeing where the sun is in the sky and the effect it has on a drivers ability to see.  Take photographs too… there are apps that can show positions as well.

If this proves that the sun couldn’t have been in her eyes pass that onto the Police too – they may find such information enlightening.

Get some rest for both of you. Hope she gets well soon. All the best. D.

Thanks all.

Just back from hospital.

Wrist in plaster, very battered and bruised with a deep cut to the lip.

Frame looks like a write off. Big dent and a bit of a twist with a crease…

Will see what the CTC say on monday morning.

Speedy recovery for the Mrs OP.

Sounds like good advice from capt.

Should be relatively easy to test the validity of the “sun in my eyes” defence by taking a car to the same junction at the same time of day and seeing where the sun is in the sky and the effect it has on a drivers ability to see. Take photographs too… there are apps that can show positions as well.

All the best.

Sorry to be the bearer, etc but it’s unfortunately been a valid defence on more than one fatal occasion.

My friend was knocked from his bike and killed by a driver who said the sun was in his eyes. No prosecution even took place.

Sorry to read this Stu, Best wishes to Amanda, hope she’s feeling a bit better and heals quickly, both physically and mentally.

On a more positive note, at least you’ll be able to beat her up the hills for a while… 😉

But 1 dodgy uncited ruling, or one you don’t appear to understand, isn’t worth worrying the op over.

Erasure

Claim or blame to one side thank goodness it sounds like MrsStu is ok & will live to ride another day. That’s the important part.

Seeing the incident must have been awful for you to. Hope it all gets resolved