Right Hook - Advice

Discussion in 'Commuting' started by dhd.evans, 9 May 2019.

  1. DCBassman

    DCBassman Veteran

    Not interested in crucifying anyone. It's simply the incorrect way to deal with this type of situation. If he also informs his insurers, job done and no complaint. But it's still a reportable incident, and there's no getting away from it.
  2. classic33

    classic33 Legendary Member

    The car appears to have changed owners in the last few weeks/recently. If that's the case, has the new owner got all their paperwork in order?

    I was hit by a car that was showing as insured. The problems really started when it was confirmed that the driver at the time wasn't insured to drive it. Further problems arose when other matters came to light.

    IF the driver at the time of the incident/collision isn't insured to drive it, how would the views expressed to date change? Is there anything wrong with an uninsured driver being taken off the roads.

    I'd like to see the three disc system in Ireland, Tax, NCT(MOT) & insurance being on display over here. At least you've a chance of checking should you see it later.

    What ever dhd.evans does, I hope it works out for him.
  3. fossyant

    fossyant Ride It Like You Stole It!

    South Manchester
    Any news OP

    Classic33 is the resident 'investigator' - I hope you are sorted out.
    classic33 likes this.
  4. classic33

    classic33 Legendary Member

    Thanks, I think.
    roadrash and fossyant like this.
  5. classic33

    classic33 Legendary Member

    Hope the silence, from dhd.evans, isn't a bad sign, and that he's okay.
  6. OP

    dhd.evans Über Member

    Hi folks, busy weekend so reporting in now!

    My LBS is very thorough in their inspections so i trust their judgement. I am not one for aesthetics so when they said the pedals were scuffed and potentially knacked they were erring on the side of caution; transpires the bearings are sound but there are scrapes. Are they functional but not pretty? Yes. So i'm fine with that. Clothing is dinged but not destroyed, i'm bruised and scraped. I'll live.

    I am simply looking to get back on the road to get some miles in before the Etape Caledonia this Sunday. Oh, and climb some silly hills as well, hence why i took this route that morning.

    To answer the calls of 50:50 on this accident and, furthermore, the accusation that i was doing a 'fair lick': Strava has me at 16mph on this section. Regardless of speed this chap did not indicate and pulled across my bow as I was riding past him. Not before i got there (i.e. i was travelling too fast to stop) not after (i.e. he mistimed the turn and caught me) but drove directly through me as I was alongside him.

    By his own admission he was not switched on and was already looking to the right for a parking space. I didn't even register in his field of view.

    We agreed a bank transfer which was processed and received yesterday afternoon. To that end i call the case closed.

    As a postmortem, it is worth noting the following:

    - You can choose to pursue these things in a variety of ways, be it down a legal route or an offline discussion.
    - My choice here reflects my understanding of the situation, my confidence in the evidence present and my own judgement of the parties involved.
    - These choices may not reflect best practice but embraced a less solicitor-heavy approach, one which I am happy with.
    - If anything the takeaway should be "You do you".
    - All drivers are human (currently) and to that end they will react accordingly. Demonising them is a surefire way to get their hackles up and cause delay to the preferred outcome.

    Finally, this could have ended in a legal sparring match. I was more than happy to deploy my solicitor and pursue damages ad infinitum if we could not reach an agreement or payment for repairs was not satisfactory - however, as stated above, we reached an agreement and I will be back on the road this evening.
    Nebulous, Jenkins, HLaB and 13 others like this.
  7. ianrauk

    ianrauk Tattooed Beat Messiah

    I'm pleased that the outcome was to your satisfaction. I also hope the driver learnt a lesson in all this.
    dhd.evans likes this.
  8. alicat

    alicat Legendary Member

    I'm glad you're back on the road and I'm grateful to know how it all panned out. I do hope the driver reads and replies honestly to the insurer's questions when he next renews.
  9. DCBassman

    DCBassman Veteran

    Ok, good outcome, everyone happy.
    classic33 and dhd.evans like this.
  10. classic33

    classic33 Legendary Member

    Concern was more for the rider than the bike. Harder to fix the rider.

    You got what you wanted, your bike back on the road, and that's what matters.

    Best o'luck on Sunday though.
    Slick, glasgowcyclist and dhd.evans like this.
  11. Globalti

    Globalti Legendary Member

    Good outcome if you are happy. The worst that can happen is for the case to fall into the hands of avaricious lawyers who will milk it for all they can.
    mjr likes this.
  12. icowden

    icowden Senior Member

    Or alternatively, in personal injury cases, Solicitors are rarely avaricious.

    Once liability has been agreed (which is usually the difficult bit), damages are calculated based on the injuries sustained, damage to property to be repaired and loss of earnings of the victim. It is the solicitor's job to obtain as much compensation as possible for the victim. There is no avarice at all.

    The riskiest part is the solicitors own fee. if fault is determined to lie with the driver, then his insurers pay the fees. If any part of fault lies with the cyclist then you might end up having to pay some of the fees (which can be expensive) depending on the arrangement (many now work on No Win, No Fee), or at least the disbursements (cost of medical reports etc). Personal injury solicitors rarely drive round in Lamborghinis.
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