Knocked off cyclist - advice please?

lisyloo

Shoul the OP not have had the chance to put their side of events?

In most cases OI would have thought so.
If it's an open and shut case e.g. markings on the road, then maybe not.

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.

Insurance is a completely seperate matter from the police.

The police may want to prosecute for an offence.
The lady on the bicycle may want to claim money.

These two things are entirely seperate.

OJ SImpson would be an example whereby he was cleared by a criminal court but sucessfully sued in the civil courts.

ckerrd

lisyloo - agreed.

However if I was in an accident I woud be in touch with my insurers asking what U should be doing. Of course some policies have legal advice included.

loftus

I would guess that in the eyes of the police this is simple issue. The OP seems to have very little defence, the incident was relatively minor, why go down the court route if it can be sorted out quickly this way.
The OP has the chance to put their side by refusing the course and risking taking it to court.

lisyloo

Points stay on your licence for years and will increase the insurance premium (possibly for years).

My guess is that the course will be less expensive than the court alternative and there is always the chance that you might learn something useful.

I am amazed that someone that has been in any accident doesn't think they have anything to learn.

I am not perfect (of course) but I do think that I need to learn all the time.

magyar

Firstly, I'm assuming the the "letter asking who was driving" came from the police? (As they're the only people who can legally ask for it).

It seems to me that from a strict legal perspective, the proper procedures may not have been followed. But that's not really the issue.

From a practical and moral perspective, the OP is clearly on the hook for this and this is certainy DwDCaA and quite probably careless driving. (I'm comparing it to when I got a CD for pulling out to turn right from a side junction in front of a woman who was indicating that she was about to turn INTO that junction.... arguably she was also partly to blame, but it's always your responsibilty to check that the road is clear... in my case the woman still had her indicator on from a roundabout near the junction).

So the OP is getting off lightly. Plus, you actually get your driving improved!

I would, though, make a point of getting some legal advice on this (especially as it may well be included in your insurance) not to get away from it but just to make sure that you are fully off the hook once you do the course and that all procedures have been followed.

ariba10

magentacafc wrote:

Hello :wave:


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.

She was knocked off. I think I would be shouting as well if it was me.

I always keep pen and paper in the car in case I need it in such circumstances. (Not need so far.)

Scarlett

My partner regularly works with these sorts of cases, and yes OP, from the sounds of it, you are guilty of driving without due care and attention. There was a lack of visibility and you proceeded anyway. Many of us may have made the same manouevre with no such consequence, but as unlucky as you feel right now, you are still at fault.

My partner isn't contactable at the moment, but I'll get in touch at lunchtime and see if I can get some advice on what you should do... I think the course is probably the best option.

Astaroth

As everyone else has said.... the third party was correctly proceeding along the road and had right of way. You failed to give way to a correctly proceeding road user and was the direct cause of the accident - it would be interesting to know why the witness thinks it is both parties responsibility.

Fault for an accident however comes under civil law and is dealt with by the insurance companies/ solicitors.

Who is at fault for an accident and who has committed a criminal offence are 2 totally separate issues. A drunk driver who is stationary at traffic lights and hit in the rear by a slow moving vehicle... the d/driver is the one committing an offence but the slow moving vehicle is the one liable for the damage.

I would suggest that you seek legal advice on if you should simply pay for the driver improvement course or take your chances in court. If you have legal expenses cover on your home insurance this would almost certainly cover the free advice and potentially also provide representation in court if you decide this is the best route.

My expertise are in the civil aspect of accidents rather than criminal however it does seem a very straight forward case (subject to what the witness says)

magyar

Astaroth wrote:

As everyone else has said.... the third party was correctly proceeding along the road and had right of way. You failed to give way to a correctly proceeding road user and was the direct cause of the accident - it would be interesting to know why the witness thinks it is both parties responsibility.

Witnesses' statements are often somewhat biased! If s/he's a car driver, she may have been wrongly sympathetic to the view that "it's a cyclist's job to look out for cars".

Sadly, this is in practice often true; as exemplified by this case...

Nile

Hello magentacafc

Years ago (before I passed my driving test) I used to cycle to work and I was knocked off my bike by a private hire vehicle (phv) on my way to work one morning. Fortunately I wasn't badly injured but I was very shocked/shaken. The phv didn't stop but I got his registration number and reported the accident to the police when I arrived at work. The police arrived quickly after the call and took paint scrapings off my pedal, where it had collided with the phv. I was told that if the driver denied the accident happened that I would be called to give evidence in court. I didn't hear any more so I assumed that he was fined.

Although I drive everywhere (too lazy to cycle now:o ), I always think about cylists on the roads. I also accept that I'm not a perfect driver. I attended an advanced driving course (by the IAM) last year, which confirmed that my driving could be improved.;)

I agree with other posters who say that you shouldn't have made that turning until you had a clear view. Please be more careful in the future.

Borrow the money if you have to. Attending the course is surely the better option?

Regards

Nile