Cyclist collision.

Discussion in 'Legal Eagle Roost' started by Jono, Oct 28, 2014.

  1. Jono

    Jono Super Sponsor Read Only

    Collecting daughter from railway station, dark with street lighting, lashing down with rain, roads extremely wet.
    Intending to turn right out of station, so crossing near side carriageway to join the opposite one. Looked right and could see 3 cars facing me, two parked at the kerb dropping off, headlights on, about 25 metres away, and one car slightly further back indicating to turn into station.
    I could see no other vehicle etc, looked a second time, then slowly moved to centre of road awaiting gap in traffic on other carriageway. Stopped when I heard a bang on the car by my door.
    Got out, youth about 18? on cycle had run into side of my car.
    Helped him with bike to side of road.
    He was dressed in all black, no helmet and very small and dim micro light on front of his bike, my passenger remarked she could not see it from the car when he was on the pavement with me.
    Not injured, or non declared, straightened his front wheel and put chain back on main sprocket for him. Exchanged phone numbers and names, asked him again if ok, said yes and he rode off.
    He phoned me later that evening to check number and told me he was ok, not injured.
    Phoned again a few days later to tell me he had the bike checked over and he was not injured. I volunteered some help with any bike repairs, (felt sorry for the kid, only form of transport etc).
    In short wanted me to pay for things on the bike that were nothing to do with the incident.
    Dad came on the phone, very aggressive, saying did not want to go down insurance route for injury etc and that I should pay for it all.
    Then said his lad had a bruise on his shoulder and was on ibuprofen!
    Next day I went to local cops and reported the incident, got a call a day later to say they were not pursuing it, non injury accident, both parties stopped, details exchanged.
    Informed my insurance of incident, no claim just out of courtesy, they noted it.

    Just had a message on my mobile from a no win no fee solicitor firm asking me to ring them and give them my insurance details and car registration number in relation to an injury accident I was involved in. They gave the wrong date for the incident.
    Do I have to supply those details to someone who has just left a message on my phone? :dunno:
    Sorry for the long post gr0n:
     
  2. robsbird

    robsbird red ones are faster Club Sponsor

    nope do not reply to the text what ever you do.......

    unless they put it to you in letter form or call

    BUT i would not tell them any thing.....refer them to your insurance


    P.S as you have called your insurance you will have to now pay more next year like i do even for a no fault as there is a note on your file


    :xm
     
  3. Jono

    Jono Super Sponsor Read Only

    It was a call, but left a message on my mobile answering because I was away from phone.
    And yes I'm not replying at all, local police have all my details about the incident.
    Insurance company have assured me it will not reflect on my premium at the moment! No claim has been submitted.
     
  4. robsbird

    robsbird red ones are faster Club Sponsor


    they said the same to me...........its not a claim but it flags up as a claim on there computer system......

    im only saying as im now paying for it. on all my insurances ...........gr0n:
     
  5. T.C

    T.C Been there, and had one Club Sponsor

    At the time of the incident you complied with the law and then backed it up by then reporting it to the Police.

    As far as the legal message you got, if they are a bona fide law firm, then they would know that they have to formally send you a letter of claim outlining why they believe you to be at fault. This is in accordance with civil procedure rules which all law firms have to comply with.

    This sounds like it is a claims management firm who are not legally qualified.

    So, ignore them.

    In respect of the injuries, if it is simply bruising, then the chances are that this will not meet the minimum ?1,000 valuation for it to be placed on the fast track, and handled by a law firm, which makes me think all the more that it is a claims management firm.

    If the kids family want to pursue a claim, then they would have to finance it themselves through the small claims court, as legal fees cannot be recovered for injuries under ?1,000, however, based on your account of the circumstances, the kid would have substantial contributory negligence to account for, and so it could cost them more than they would receive in damages.

    If you receive a letter of claim in compliance with CPR rules, then just ass it straight to your insurers, but also suggest that it is flagged as a potential scam claim by the father.

    But no letter of claim, then no further action on your part.

    Hope that helps.
     
  6. Jono

    Jono Super Sponsor Read Only

    Helps very much, thank very much for that. :bow:
     
  7. ianrobbo1

    ianrobbo1 good looking AND modest Club Sponsor

    I said it before and here it comes again, all fekkin cyclists should be insured and have to take a cycling profoceancy test !!:rant:
     
  8. Jono

    Jono Super Sponsor Read Only

    Yep Rob, your right, just had an increase on my policy, even though no claim. Explained as it goes down as a loss and has to be declared, even though no claim has been made. Should have kept my mouth shut! :whi5tl:
     
  9. ianrobbo1

    ianrobbo1 good looking AND modest Club Sponsor

    Nope!! your Damned if you do, and Damned if you don't!! :dunno: best just beat the shit out of the Cyclist and do a runner!!

    seriously though, as long as you tell the thieving bastard insurance companies "and for the next 5 years" your going to have to cough up, for the cyclists error hence my argument about THEM being insured!! :rant:
     
  10. Jono

    Jono Super Sponsor Read Only

    Yes, I really don't understand how it can be marked as a loss, when no claim has been made........by either party....so in reality, no change to anybody's circus and no claim to the insurance company....beyond me, but your right, I am now saddled with it for 5 years :bang::bang::bang:
     

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