Knocked off cyclist - advice please?

magentacafc

Hello :wave:

I seem to have a bit of a dilemma so I'm hoping somebody can point me in the right direction...

Back in July on a Monday morning I was driving down a mainish road, and the traffic was stationary on the other side of the right. I indicated to make a right turned, and went to turn in front of a van which was parked just slightly over the turning, restricting my visibility. A cycle lane runs along the road (the cycle lane was painted green across the junction - what does this indicate?), and unfortunately there was a cyclist moving up the cycle lane who I collided with on turning. I couldn't have avoided seeing her due to the van, she ended up hitting the side/corner of my car and coming off her bike hitting her arm on the back passenger side window as she came off.

I was quite shocked by it, pulled over got out as she was shouting at me etc, in fact the first thing she did when she fell off was pull a piece of paper out of her pocket to write down my reg. I gave her my contact telephone number as she insisted on insurance details (which I didn't have to hand), and she called a man over who had I believe been turning out of the road I was turning into, who said that he felt it was really both of our faults. She had a slight cut on her arm but otherwise seemed ok, and she continued to cycle off to work.

She called me several times that day but I didn't have my insurance details to hand, I gave these to her the next day and asked if she had insurance as there was a bit of damage to my car. She said she did but didn't yet have her policy number, but would contact me as soon as she did. She has never contacted me.

Nothing happened for about 2 months then my Dad (who the car is registered to) got a letter asking who was driving, as they wanted to charge for Driving without due care & attention, and failing to stop (they ended up dropping the failing to stop part). I then had to produce my licence and insurance at the Police station, the cyclist had told them that she had suffered a hurt elbow and a bleeding cut on her arm.

I did all this & it seemed fine until yesterday when I got a letter inviting me to take part in a Driver Improvement Course, at a cost of £180, meaning I would have to take a day and a half/2 days off work, rather than proceedings beginning in the magistrates court. I have to let them know by Monday if I want to take part, I don't really have the money at the moment for various reasons and have no holiday left so would need to take unpaid leave from work.

Now at no point in this has anybody asked me what happened, for a statement or anything like. I didn't mean to hit her and she wasn't badly hurt, plus the witness said it was both of our faults, (unless of course she has pulled another witness out from somewhere) however I'm now worried that if I don't do the course I could end up in court and be worse off with fines/points on my licence which could affect jobs in the future, and if I DO the course, will it be classed as me admitting liability, meaning that further down the line she can take me to court in a private case and try to claim money/compensation from me for injuries she has suffered?

I haven't got a clue what to do. Would my insurance cover anything like the Driving course? We have informed the insurance company of the accident and they have it down as my fault as well, do these things automatically go the way of the cyclist.

If you have read all that, well done & thank you! Please, can anyone point me in the right direction? Do I need to talk to the Police or a solicitor?

ckerrd

Who was the letter inviting you to attend the course from?

magentacafc

Hi, it was from Driving Services UK Ltd & said my details had been passed to them by the Police as an alternative to proceedings in the Magistrates Court.

ariba10

If the cyclist was in the cycle lane and you knocked her off then you are lucky and have got off lightly.

The fact that you did not mean to do it will not count.

As to what the green line across the junction means, I think you should invest £1.50 in a copy of the Highway Code.

magentacafc

Yes, I realise that, but I don't think it was my poor driving at fault, as I said, I couldn't see her due to the van, I was driving slowly around the corner and she came into the side of my car as I had already turned, I don't see how spending £180 on a Driver Improvement course is going to help anything and I don't want to admit liability and open myself up to her taking me to court

loftus

I think its an open and shut case. The duty of care lies with you - you were the one crossing her path and needed to ensure the road was clear before making the turn. She may have needed to be more observant but you were the carrying out the manouvre.
If you don't take the course I suspect you will get done for driving without due care and attention.

magentacafc

What is worst case/typical scenario for driving without due care & attention, points on licence/fine etc?

I'm really gutted about this, I thought as I gave her insurance details they would sort it all out with her insurance company and it would be the end of it and the Police wouldn't need to be involved

Optimist

Sorry but your view was impaired, there was an obvious indication of a cycle lane the obvious prosecution would be you should have taken more care. Your lucky the police didn't charge you with failing to report an accident as well as the cyclist was injured.

I believe the Magistrates’ guidelines show the penalty for careless driving as a fine of up to one week’s income reduced by up to a third if you plead guilty and a minimum of 6 points. Measure that against the £180 cost of the course. I doubt your insurance will pay the cost of the course.

joshm_2

magentacafc wrote:

What is worst case/typical scenario for driving without due care & attention, points on licence/fine etc?

I'm really gutted about this, I thought as I gave her insurance details they would sort it all out with her insurance company and it would be the end of it and the Police wouldn't need to be involved

From a quick google, this might be of interest: http://www.theanswerbank.co.uk/Motoring/Question323990.html

It seems you can get fined and get points on your license. This will also have a knock-on effect on your insurance premium. It's a tough situation since cycle lane placement is often badly thought out. You could seek legal counsel about what to do but ultimately you might just end up in the same situation you are in now. I would call your insurance company and yell at them about why they did not consult you as to waht happened. If you have legal protection as part of your cover you might be able to use that. Out of being charged with driving w/o DC&A and taking the course, the course is certainly the best thing to do.

ckerrd

Is there not a bit of the process missing?
Shoul the OP not have had the chance to put their side of events?
Or would this only happen when if it went to court.

As joshm said why have your insurers not been in touch?
In a case like this they should have done their own investigation and kept you informed.

lisyloo

I couldn't see her due to the van

If you can't see then DON'T GO.
What is a few seconds of your time compared with someone being injured?

The fact that her injuries were minor does not matter.
Next time they might not be.

I don't see how spending £180 on a Driver Improvement course is going to help anything

I do.
You saw that there was a hazard (lack of visibility) but it didn't stop you proceeding.
You need to understand the consequences of your actions better.

As to practical advice.
It is very likely in my opinion that the course is a better option than getting points or fined.

Can you phone your insurance company for advice?
Do you have legal cover on EITHER your home or car insurance.
If so then phone them for advice.

Although I believe the course will be your best option.

If you really have money and holiday problems then all I can advice is driving more carefully in future.
Often accidents costs moeny even it it is not your fault at all.

Is it really worth it, for the few seconds you gain?