Chicane accident liability, Expensive six weeks |
Chicane accident liability, Expensive six weeks |
Sat, 16 Jun 2018 - 17:15
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#1
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Just a quick check to make sure I'm not going mad.
I managed to come off my bike here today, nice wrist fracture which will probably involve an operation on Monday to fix. Six weeks of freelance work cancelled. https://www.google.com/maps/@51.6413784,-1....3312!8i6656 The whole thing was caught on CCTV so little dispute about what happened. I was travelling in the direction of the camera e.g had priority. Two vehicles approached the chicane from the other direction. Vehicle one decides to chance it and floor it through so I ease off. Car two hesitates so I commit to go through. At the last moment they decide to try and floor it through too. I slam on the brakes but too late and miss their offside wing by a few inches alongside the last driveway on the left by the wooden fence. The CCTV shows would 100% of collided with the car if I hadn't braked and come off. Car two driver says that there was no impact so I fell off my bike independently. Promptly scarpers before the police arrive. Will post CCTV when I get it. In a situation of either cancelling lots of work for six weeks (expensive) or getting taxis everywhere (expensive, I work on four different sites 30 miles apart plus would be significantly inhibited with a cast anyway). Would welcome thoughts as to whether insurance is likely to be simple or if they will also drag their heels due to no actual impact. This post has been edited by notmeatloaf: Sat, 16 Jun 2018 - 17:18 |
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Sat, 16 Jun 2018 - 17:15
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Sat, 16 Jun 2018 - 17:37
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#2
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
CCTV? Your cam?
Pushbike? What insurance? This post has been edited by stamfordman: Sat, 16 Jun 2018 - 17:38 |
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Sat, 16 Jun 2018 - 18:15
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#3
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
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Sat, 16 Jun 2018 - 19:14
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#4
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Failing to stop and failing to report would spring to mind, get to the Police station and report as soon as possible.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sat, 16 Jun 2018 - 19:18
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#5
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Member Group: Members Posts: 6,178 Joined: 1 Jan 2013 From: Glasgow Member No.: 59,097 |
Failing to stop and failing to report would spring to mind, get to the Police station and report as soon as possible. Thats what I asked then reread Post 1 and saw Driver 2 had stopped but didnt wait for the Cops - so OP must have called them but I guess Driver 2 didnt exchange details |
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Sat, 16 Jun 2018 - 19:22
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#6
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Not exchanging details still constitutes a failure to stop offence.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sat, 16 Jun 2018 - 20:07
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#7
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
I have the drivers name, mobile number and registration number from a someone who came to help but they don't answer their phone (to me or apparently police when they asked them to come back. But I was in a lot of pain so arguable could not exchange with me (although could have given them to ambulance or waited for police - they both came on blues and twos so not very long).
I have paid the askMID thing and they have insurance, although I get the nasty feeling that if they didn't wait 15 mins for police after breaking someones wrist something wouldn't check out. After all even if I thought I wasnt at fault I wouldn't leave the scene before the ambulance. All he said to me was trying to force me to get out of the road even though 999 were saying not to move me. |
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Sat, 16 Jun 2018 - 20:29
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#8
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I should imagine the Police will be quite interested from the sounds of it, presumably you or the Police have a copy of the CCTV?
I’m wondering if it was the insured driver actually driving, all to often those keen to not talk about it have something they don’t want to talk about! -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sat, 16 Jun 2018 - 21:01
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#9
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
I would have thought that not actually hitting you is immaterial other than saving the driver from a worse outcome.
This post has been edited by stamfordman: Sat, 16 Jun 2018 - 21:01 |
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Sat, 16 Jun 2018 - 21:24
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#10
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
The person whos house the CCTV was on showed me it and said they would email it to me but I haven't received it. Maybe they wrote the email down wrong, I will pop by tomorrow. I don't know how much the police took at the scene, hopefully the CCTV. I reported it to Thames Valley but they said it has to be handled by their road collisions department.
The only issue is that it looks like I am really cracking along but I think it is just the lens and the fact I am coming the side of the frame. Certainly I cannot of been going more than 15mph because of the speed bumps. Thanks for the reassurance, you know what it is like, you are pretty sure but when you basically cannot earn for six weeks then you start to self doubt. |
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Sat, 16 Jun 2018 - 21:35
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#11
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Member Group: Members Posts: 6,178 Joined: 1 Jan 2013 From: Glasgow Member No.: 59,097 |
The person whos house the CCTV was on showed me it and said they would email it to me but I haven't received it. Maybe they wrote the email down wrong, I will pop by tomorrow. I don't know how much the police took at the scene, hopefully the CCTV. I reported it to Thames Valley but they said it has to be handled by their road collisions department. The only issue is that it looks like I am really cracking along but I think it is just the lens and the fact I am coming the side of the frame. Certainly I cannot of been going more than 15mph because of the speed bumps. Thanks for the reassurance, you know what it is like, you are pretty sure but when you basically cannot earn for six weeks then you start to self doubt. Take a memory stick with you and see if it can be put on that. It could be the file is too big to be emailed |
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Sat, 16 Jun 2018 - 22:37
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#12
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Not exchanging details still constitutes a failure to stop offence. There's also a separate offence of failing / refusing to give insurance details. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 17 Jun 2018 - 14:22
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#13
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Well as promised video of crash.
https://youtu.be/0lQ3pw9V3Ak The bit I remember is slamming on the brakes for the van, then skidding when I realise the car is coming through too. It looks like I very almost stopped in time. The grey car later comes back in the other direction presumably for a quick look afterwards. The CCTV owners have sent the whole lot to the police. |
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Sun, 17 Jun 2018 - 15:04
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#14
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
I thnk the grey car driver is in trouble.
As the van comes through, you are still pedalling, which seems fine to me as timing would seem to permit van to clear chicane without impeding you. But grey car is at best unsighted and at worst ignored the oncoming cyclist. |
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Sun, 17 Jun 2018 - 15:24
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#15
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Looks pretty clear cut to me, he tried to follow the van through while having no site line past it at all and relying on any vehicle coming the other way having slowed enough to stop for them which with your trajectory you had no need to do.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 17 Jun 2018 - 16:49
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#16
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Member Group: Members Posts: 107 Joined: 23 Feb 2018 Member No.: 96,721 |
You could see the second vehicle was coming through just after you entered the view of the camera. You could have easily stopped but didn't do so until it was too late.
Poor and painful riding, you have at least 50% of the blame and possibly more. |
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Sun, 17 Jun 2018 - 17:40
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#17
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Looks to me like the driver may have been unsighted by the van, which is no excuse. But he doesn't appear to have charged out and was going fairly slowly when he saw you.
50:50? When I approach these restrictions with priority on my side in London I always expect the opposite drivers to do their worst, and many do not fail to disappoint. |
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Sun, 17 Jun 2018 - 18:06
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#18
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Just spoken to police to check they had all the details. They said the car is only insured for a female. Male driver at the time. So they have put a marker on the car. Roads collisions team will decide what to do hopefully within five days as an injury accident.
Presumably that is why they didn't hang around for the police, unless they have DOV cover. |
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Sun, 17 Jun 2018 - 19:22
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#19
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
God this is going to be tedious.
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Sun, 17 Jun 2018 - 20:09
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#20
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Remind him of s 154 of the Road Traffic Act 1988.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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