UKC

Morning everyone,

I had a collision with a car on Wedsnesday on my way to work.  Driver turned from a side road without looking and I went over the bonnet.  I was slowing as I thought he had seen me but he hadn't. Got a few mInor injuries  strains to knee ligaments, bruising but I'm wlaking with crutches after going to a minor injury unit.

Anyway we  swapped numbers and I have his reg plate details and he has said that he will pay for repairs (new wheel and may be new forks...).

Tbh I'd be happy keeping it at this relatively amicable level, but am thinking I should register it at least to get a crime number and also in case it gets less amicable.

If I report it, what happens next ? I don't need an investigation or want a prosecution just the crime number just in case...

Any info/experience would be much appreciated!

In reply to Paul72C:

Report it and check the checklist of things to do after a bike accident ( sorry not got a link) ( London fixed gear ?)

He'll no doubt change his mind when he finds out bikes sometimes cost over a hundred quid to buy.

So you need to be solid

In reply to Paul72C:

Your response to this is very generous. I’m not sure I would be, in your position. 

In reply to Paul72C:

You are injured, so yes, log it.  Sometimes drivers who are reasonable at the time change their mind later.

I was taken out in similar way years ago but fortunately witnessed by a traffic warden who had arranged ambulance and police while I was still lying in the road.  That log was crucial to me getting bike and compensation sorted (couldn't work for a bit). 

In reply to Paul72C:

You need to report it. Car drivers who hit or nearly hit people need taking off the roads. This won't happen if we only wait until they kill someone.

In reply to Paul72C:

As he has offered to pay for repairs, that can be taken as admission of liability.

https://www.britishcycling.org.uk/knowledge/training/article/izn20150202-Al...

https://www.cyclinguk.org/crash-advice

Advice on there is to report it to the police ASAP. In my experience, the police will do bugger all against a driver, even if clearly at fault*, but at least you'll have a crime number and can pursue him or his insurers for your repairs/replacements. Don't forget to include helmet, at least, and clothing/whatever, as necessary if also damaged.

If he suddenly decides not to pay up, then get on to the legal team at British Cycling/Cycling UK or similar, who have experience with these things.

* - Both cases, imo, should have been minimum of driving without due care!

In reply to Paul72C:

Without a crime number, it didn't happen. Its just you word against theirs. The insurance will try to get out of paying any way they can. They'll suggest that it wasn't serious as you didn't report it.

In reply to Paul72C:

Have you bike insurance?

Most people think the insurance is not worth it as their bike doesn't warrant the cost (£10 per month for mine), but it is worth it in a situation like this. 

You should be able to claim for a new bike or repairs plus compensation against any injuries sustained - no different from a car crash. Let the insurance companies sort it out.

Get well soon

In reply to LastBoyScout:

I'd just add to your sound advice that, if the OP is in Scotland then the standard advice in such circumstances is to contact Cycle Law Scotland https://www.cyclelawscotland.co.uk/ of whom I have not yet heard a bad report.

The Generalist is right: the driver may have seemed entirely willing to reimburse your losses at the time of the incident, but they (or their insurers) can easily change their tune when the actual bill is put before them.

In reply to everyone:

Many thanks for the advice everyone. Will log it with the Met website to be on the safe side. The knee, etc are getting better which is great.

I'm hoping the frame is ok (it's not a fixie). The wheel is buckled beyond repair and I'm not sure about trusting carbon forks after a collision. Most of the speed at impact was from me and I think the bouncy bonnet must have absorbed most of that.

I have been commuting through London for about 20 odd years and this was the first time I have had car collision like that.  I probably should be more 'angry' than I actually am, but I find it's the near misses that get me worked up, the adrenaline from any actual collision kills off any anger.

Ta everyone, once again!

In reply to Paul72C:

I should also add that injuries may initially appear not too bad and may get worse, or hurt more, as adrenaline wears off - you may also find injuries appear a day or so later.

If in any doubt about any injuries, get checked over at A&E - at least then it will be officially logged as evidence later, if you need it. As you've been over the bonnet, don't discount concussion.

Take lots of pictures of bruising/scrapes, bike, kit, whatever as evidence later. I'd be giving the whole bike a very close inspection for ANY scuffs and claiming for replacements - last thing you want is a brake lever snapping at a critical moment later due to a hairline crack you missed this time, or something.

In reply to Paul72C:

Apparently its a crime not to report a collision (the driver) where someone was injured - see link below

"You must report the collision to the police if you were unable to exchange details at the scene, if anyone was injured, or if you suspect that the other person may have committed a driving offence. "

https://www.met.police.uk/advice/advice-and-information/rs/road-safety/coll....

In reply to Paul72C:

As you were injured it is a legal requirement to report it.  I seem to recall that requirement doesn't actually apply to the cyclist, rather the driver, but there's no harm in doing it yourself.

In reply to TheGeneralist:

My handlebar alone costs double that - people who aren't into bikes have zero idea of the cost. 

In reply to Paul72C:

You've been lucky.  I commuted between 22 and 46 miles a day into London for 6 years and had a couple of mishaps.  In one, a driver without a licence left hooked me and ran over my front wheel.  The owner of the car (someone else) was insured and so their insurer was liable (not a lot of people know that, but the law is very clear on it, which insurers also keep quite about).  The lack of a licence only became apparent a week later.  They wanted to pay me £5/week for a £500 wheel.  I went to their insurer (found through the MIB) and let the owner and her driver sort it out.  There was a passenger in the car - who decided to claim for whiplash about 6 months later - the video was helpful to the insurer then.  The police lost all the paper work.

In the other, someone pulled across my front.  I went over the bonnet and spent 9 hours in A&E.  Despite all the traffic stopping for ages, the police (who were so dim) didn't manage to ask anyone what happened and even though the driver admitted fault and the police had seen the dent in the wing of the car, all they did was send a NIP and then withdrew as there were no independent witnesses.  Bike was a write-off.

Always useful to have a police reference if there is an injury, and even if there isn't

In reply to Paul72C:

I'll probably get nuked for this but anyway...

I'd call the driver and ask them to report it.

Lots of drivers are perfectly decent people that will honourably pay up and not try to diminish what's happened (and probably feel terrible about it).  Just going to the police yourself risks them being in a load of hassle for not reporting it.  They probably want to keep their insurer out of it (although that is questionable behaviour).  If they report it you are protected by the log and they avoid at least some of the collateral grief.

JMHO 

In reply to Moacs:

Or the in between option, call the driver and let them know you're about to report it. Gives them chance to do the right thing, but doesn't leave you in an awkward limbo of wondering whether they told the truth when they said they had.

In reply to Paul72C:

Report it. He might have form, already be banned, have no insurance, plus perhaps medical things like needing an eye test. Even if you and the bike are 100% ok, there are plenty reasons to report dangerous driving. 

In reply to Moacs:

It's a police job, see the above. 

In reply to Paul72C:

All the above makes me realise (if I didn’t already know) how worthwhile it is to be a member of Cycling UK. I think of it as an annual insurance premium with the added bonus of a regular free magazine popping through the letterbox. Membership entitles you to free legal representation in case of such accidents. Get signed up before the next one!

In reply to Moacs:

Yeah you are probably right about getting him to do it and that making it easier for him.

I had registered it and will tell him that I have done that. In the registration thing its gives you the option of confirming you have swapped details which I did. 

In reply to TheGeneralist:

Whilst I agree it should be reported, especially given that a genuine injury has been sustained, not all drivers are scum of the earth.

People make mistakes, yes it's bad driving but not intentional or reckless, just human. 

Most of us would be mortified if we injured another person. Yes we might try to keep the claim off record with a cash settlement, but if its unaffordable then that's why as drivers we pay for insurance. 

In reply to Jenny C:

It might not be intentional, but it is reckless or careless, a specific offence. Human error is just an excuse for people not paying attention or allowing themselves to be distracted. 

In reply to Paul72C:

I had a minor incident a few years ago. The driver offered to pay for bike repairs but I reported it to police just in case injury became evident later. I was bombarded by cold calls from insurance companies that I knew nothing about.....these persisted for months!

In reply to Moacs:Very naive. Any insurance company will instruct the driver to deny responsibility. My wife and I were knocked off our bikes outside a pub that the driver had just visited for a wake. The injuries lasted months. It went to court but all the witnesses were friends of his, so were negative about us. He got off with due care and attention, but through my wife, who is a solicitor, we pursued a civil case against the driver and as soon as the drivers legal team saw the evidence, they settled immediately out of court. A fiend who is also a judge advised us that magistrates lacking formal legal training often come up with the wrong result. To be really sure, if I had a daily commute I would fit front and rear cameras. Irrefutable.

In reply to Paul72C:

REPORT IT. It doesn't matter how friendly and contrite the driver was you will not be able to fight this if they decide not to do the right thing and compensate you.

In reply to everyone:

Thanks for the advice - I logged it it with the Met last week and had a phone call from an investigator on Monday. Because I didn't really think about witness details at the time and there are no broken bones I don't think there'll be a prosecution although they are doing checks to make sure the driver is insured. 

Repairs to the bike will include new forks (as well as a wheel)  they have a number of cracks in them. 

Still hobbling a bit as I can't quite push off with full weight on my toes just yet but the bruising has finally gone at least.

Many thanks once again!