Hit by a car while cycling - having trouble getting driver to pay for damage

timefortea

Hi all, I've got a bit of a problem and wonder if anyone can advise. Sorry it's a long one!

I cycle pretty much everywhere. Last month I was hit by a car coming out of a side street at very low speed. I wasn't hurt (just one tiny bruise and achy knees the next day) but the back of my bike was damaged, and it cost £120 to repair. Very, very fortunately for me, the whole thing was witnessed by a policeman who had been sitting in a police van nearby. He came straight over and when the driver started saying 'where did you even come from?! I didn't see you' (evidently), he confirmed that I was where I should have been and the driver was at fault. After that the driver apologised profusely, everything seemed to be as polite and pleasant as it possibly could be. The driver agreed to pay for the damage to my bike, which the three of us checked over together. The driver gave me her business card and told me to get in touch, the policeman gave me his name and badge number and told me to get in touch with him if I had any trouble, then I rode off while the driver was breathalysed. It's now a month later and I've been in text contact with the driver. I feel like I'm being fobbed off; at first she couldn't afford it until she got paid because she had to buy four new tyres, as the policeman told her that if she was stopped she'd lose her licence (so she was driving on bald tyres when she hit my bike - not really something I'd want to advertise, but okay), then she decided to borrow the money from the business she manages so she instructed the accountant to pay, when I got in touch a week later to point out it hadn't been paid she said she'd ask the accountant what's going on, but they're not in until whenever... It just continues on and I have to keep texting to remind her, either not getting a response or getting an excuse every time.

I've been nice about it because accidents happen and I'm sure she didn't set out that day to hit anyone, and it's an unexpected expense for her so I appreciate she might struggle to get the cash, but im losing my patience now. She also keeps dropping in excuses about how she didn't see me because the police van was so bright it distracted her, and how that's a terrible road to get out of, etc. I'm at the stage where I want to send the 'Pay by the end of the week or I'll...' text, but I don't know what my options actually are. Someone told me if she doesn't pay up I'd have to go through small claims court, which I obviously want to avoid. I think I'm going to say that unless she pays sharpish I'm going to get in touch with the policeman who witnessed it, unless anyone has any better ideas? I don't want to annoy her into refusing to pay if she's going to, but I'm sick of being fobbed off, and I don't know whether going direct to her insurance provider is an option?

Please help. As well as needing the money I am angry about it. I'm still riding my bike but I'm so nervous about cars coming out from side streets that I feel sick sometimes, while the driver who caused it doesn't seem to be bothered in the slightest.

Norman_Castle

Claim off her car insurance. Thats what its for.

timefortea

She was planning to at first then decided not to claim on her insurance because she didn't want her premium to go up. Is that a decision I can make?

Norman_Castle

Yes. If she wants to reimburse her insurer to keep her ncb she can do that. She got a lucky break with the police advising new tyres rather than prosecuting. She is clearly avoiding paying. If she doesn't want claims on her insurance she should drive carefully.

ZoPig2016

Hi

First of all glad you're alright.

If you have her reg, you can do a MID database search which tells you who her insurer is, claim straight from them. It's not up to her whether to claim from them or not. Technically they imdemnify what she pays out but in reality they'll probably pay you directly.

The police may be able to help you with reg and MID.

If you claim she could lose a no claims discount so if you threaten to go direct then she might pull her finger out.

Good luck

dacouch

You can obtain her Insurance details along with the contact number for her Insurer here https://www.askmid.com for a few pound.

Simply ring her Insurers, they will then contact her to confirm she was involved in the accident and then should pay your claim.

Do not feel sorry for her, she could have sorted this out weeks ago and is hoping you will give up

[Deleted User]

I had almost exactly the same thing happen. I got the driver's insurance details from the police and claimed from them directly.

timefortea

Thanks everyone, that's really helpful. I had no idea I could do that.

McKneff

its likely that she has not even told her insurence therefore she has breached the contract with the company.....There for they can void any futre claims and/or cancel her insurance making it very difficult for her to get insurnance in the future

Tell her you are going to contact her insurance company, you already have the details, see how long it takes for her to get her purse out

esuhl

She should have advised her insurance company of the accident regardless.

Despite the accident being her fault, the first thing she does is buy a new set of tyres! What about your bike?! She should have fixed that first!

Surely it's just as much of an inconvenience for you to be unable to ride your bike as it is for her to be unable to drive her car.

And now she's making silly excuses as to why she careless pulled out into moving traffic? My patience would have worn very thin.

Nasqueron

Last time some guy hit me I had logged a call with his insurers on the Monday before he'd even spoken to them (the 24 hour number didn't work when I tried it as you need a policy number to speak to them or the phone system kicks you off!), luckily I didn't have to push them too much as I had police report, ambulance trip etc. As it needed checking out by a bike shop and I was off work for a week wouldn't have dreamed of letting him offer to pay for it and avoid his insurance even if I hadn't been injured, they deserve the insurance penalty for being a bad driver* not giving them an excuse.

*Police charged him with driving without due care and attention though disappointingly they decided to offer a driver training course rather than points - not sure what training you need to look before you enter a roundabout!