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Accident With Cyclist, Advice on possible police interview
Atomic Tomato
post Sat, 4 Jul 2020 - 11:27
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A few days ago my partner was involved in an accident with a cyclist who fell off after lightly clipping the car. My partner gave their details but the cyclist withheld his and then made his way to A&E for a check up. He refused a lift from my partner who also offered to repair or replace the bicycle.

I contacted our insurance company and a claim reference was generated.

The following day the cyclist phoned whilst my partner was out, I told him the insurance company were aware, he thought it was stupid involving them due to the additional insurance costs this would result in.

After the call I texted the insurance phone number and claims reference to the cyclist.

He phoned back about 10 mins later very annoyed that he had to phone the insurance and it was costing him time and effort. He then threatened to get the police involved.

Should the police request an interview with my partner is it still best practice to ask for this to be at the police station with the duty solicitor?

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post Sat, 4 Jul 2020 - 11:27
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Jlc
post Sat, 4 Jul 2020 - 11:53
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The cyclist hit the car?


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Atomic Tomato
post Sat, 4 Jul 2020 - 12:01
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The cyclist was riding down the pavement, the car started to cross the pavement and stopped. The cyclist went in front of the car and fell off, there are no marks on the car but we think he brushed the front causing him to fall off.
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4hS6TcBkX
post Sat, 4 Jul 2020 - 12:45
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QUOTE (Atomic Tomato @ Sat, 4 Jul 2020 - 13:01) *
The cyclist was riding down the pavement, the car started to cross the pavement and stopped. The cyclist went in front of the car and fell off, there are no marks on the car but we think he brushed the front causing him to fall off.


To clarify, the vehicle was crossing a pavement (I assume to enter a drive), and in doing so drove in front of the cyclist who was travelling down the path? Or did the vehicle drive up and alongside the pavement, driving in front of the cyclist?
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Logician
post Sat, 4 Jul 2020 - 12:46
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I suggest you contact the police yourselves, in my experience the party who first contacts the police has an advantage. It sounds as though the cyclist is after getting money from you as easily as possible, if you were to give him anything he might be back after a month saying his bike has cost more to repair or his injury was worse than he thought and wanting more or he will call the police.


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Atomic Tomato
post Sat, 4 Jul 2020 - 13:07
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QUOTE (4hS6TcBkX @ Sat, 4 Jul 2020 - 13:45) *
To clarify, the vehicle was crossing a pavement (I assume to enter a drive), and in doing so drove in front of the cyclist who was travelling down the path? Or did the vehicle drive up and alongside the pavement, driving in front of the cyclist?

The car was exiting a car park across the pavement




QUOTE (Logician @ Sat, 4 Jul 2020 - 13:46) *
I suggest you contact the police yourselves, in my experience the party who first contacts the police has an advantage. It sounds as though the cyclist is after getting money from you as easily as possible, if you were to give him anything he might be back after a month saying his bike has cost more to repair or his injury was worse than he thought and wanting more or he will call the police.

I agree that we should not pay the cyclist.

If we contact the police then I would assume there is a very good chance of my partner facing a conviction?
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NewJudge
post Sat, 4 Jul 2020 - 13:20
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I don't know why the cyclist is getting his knickers in a twist. Your partner stopped and provided the details that are required. He or she is also entitled (in fact I would say obliged and best advised) to report the matter to the insurers. I don't really know why the cyclist wants to involve the police. If he thought that was necessary he could have contacted them at the outset and I would be surprised if they would take any interest anyway. It could be, of course, that his plan to get some compo has been somewhat complicated by the involvement of the insurers. I would suggest you pay absolutely nothing from your own pocket and pass any enquiries or correspondence from the cyclist on to the insurers. It's a shame he has had to make a couple of extra phone calls. Life's a bit tough sometimes.
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Atomic Tomato
post Sat, 4 Jul 2020 - 13:29
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QUOTE (NewJudge @ Sat, 4 Jul 2020 - 14:20) *
It could be, of course, that his plan to get some compo has been somewhat complicated by the involvement of the insurers. I would suggest you pay absolutely nothing from your own pocket and pass any enquiries or correspondence from the cyclist on to the insurers.

This is what I suspect

GSV location
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mickR
post Sat, 4 Jul 2020 - 14:27
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And the cyclist was riding on the footway and not on the road because??
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Durzel
post Sat, 4 Jul 2020 - 16:14
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QUOTE (Atomic Tomato @ Sat, 4 Jul 2020 - 14:29) *
QUOTE (NewJudge @ Sat, 4 Jul 2020 - 14:20) *
It could be, of course, that his plan to get some compo has been somewhat complicated by the involvement of the insurers. I would suggest you pay absolutely nothing from your own pocket and pass any enquiries or correspondence from the cyclist on to the insurers.

This is what I suspect

GSV location

This has all the hallmarks of the guy looking for some cash to "make this all go away", which has been scuppered in the first instance by insurance getting involved. I should expect him to change tack and attempt to claim personal injury instead.

I assume there was no dashcam in the car?
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cp8759
post Sat, 4 Jul 2020 - 16:42
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QUOTE (Logician @ Sat, 4 Jul 2020 - 13:46) *
I suggest you contact the police yourselves, in my experience the party who first contacts the police has an advantage.

+1, I also agree the cyclist is hoping for a quick cash settlement.

I've had a look on GSV and there are no indications there is a right of way for bicycles on that footpath. Therefore the cyclist must bear some contributory negligence as he shouldn't have been therein the first place. We're told the motorist was coming out onto the road, as she was entitled to, saw the cyclist, and stopped. It is not unrealistic therefore that the cyclist might be entirely at fault.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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NewJudge
post Sat, 4 Jul 2020 - 17:36
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But why should the police want to become involved? The car driver stopped and provided his details (which is more than can be said for the cyclist) and the cyclist has the car driver's insurance details. If the cyclist makes an allegation of careless driving they may decide to investigate and then they will obviously approach the driver. But I don't see why the driver should approach the police as he has no grievance.
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Logician
post Sat, 4 Jul 2020 - 18:06
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QUOTE (NewJudge @ Sat, 4 Jul 2020 - 18:36) *
But why should the police want to become involved? The car driver stopped and provided his details (which is more than can be said for the cyclist) and the cyclist has the car driver's insurance details. If the cyclist makes an allegation of careless driving they may decide to investigate and then they will obviously approach the driver. But I don't see why the driver should approach the police as he has no grievance.


The police like a simple scenario, good guys and bad guys. Good guys go to the police, bad guys are contacted by the police. That can be overturned of course, but it tends to be the way things start off, in my experience. The police may have no enthusiasm for getting involved, and in fact the driver does not want them involved, but they will make a record, and that shows the driver reported first. Yes, the driver gave the cyclist her details, but can she prove that if the cyclist denies it?



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southpaw82
post Sat, 4 Jul 2020 - 18:19
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I don’t see any particular reason to go to the police. What would the driver be reporting to the police or wanting them to do?


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NewJudge
post Sat, 4 Jul 2020 - 18:29
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QUOTE (Logician @ Sat, 4 Jul 2020 - 19:06) *
Yes, the driver gave the cyclist her details, but can she prove that if the cyclist denies it?

But the cyclist contacted the driver - presumably using those details - the following day.
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Atomic Tomato
post Sat, 4 Jul 2020 - 18:52
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QUOTE (NewJudge @ Sat, 4 Jul 2020 - 19:29) *
But the cyclist contacted the driver - presumably using those details - the following day.

This is correct
And my phone will show texts and calls
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Logician
post Sat, 4 Jul 2020 - 20:34
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QUOTE (NewJudge @ Sat, 4 Jul 2020 - 19:29) *
QUOTE (Logician @ Sat, 4 Jul 2020 - 19:06) *
Yes, the driver gave the cyclist her details, but can she prove that if the cyclist denies it?
But the cyclist contacted the driver - presumably using those details - the following day.


"As I was lying injured on the pavement, I managed to get the registration of the maniac who nearly killed me, and traced her"

It is not essential, but I think it is a precaution that might be worth taking.


QUOTE
I don’t see any particular reason to go to the police. What would the driver be reporting to the police or wanting them to do?


Simply reporting an accident in case there is any dispute about whether she gave the cyclist details.






This post has been edited by Logician: Sat, 4 Jul 2020 - 20:42


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Boomer
post Sat, 4 Jul 2020 - 21:09
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If the "cyclist withheld his" details (at the time, even though you possibly can't prove it), isn't he breaking the law anyway (as it caused damage or injury)?
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southpaw82
post Sat, 4 Jul 2020 - 21:10
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QUOTE (Boomer @ Sat, 4 Jul 2020 - 22:09) *
If the "cyclist withheld his" details (at the time, even though you possibly can't prove it), isn't he breaking the law anyway (as it caused damage or injury)?

No.


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cp8759
post Sun, 5 Jul 2020 - 12:32
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QUOTE (Logician @ Sat, 4 Jul 2020 - 21:34) *
QUOTE (NewJudge @ Sat, 4 Jul 2020 - 19:29) *
QUOTE (Logician @ Sat, 4 Jul 2020 - 19:06) *
Yes, the driver gave the cyclist her details, but can she prove that if the cyclist denies it?
But the cyclist contacted the driver - presumably using those details - the following day.


"As I was lying injured on the pavement, I managed to get the registration of the maniac who nearly killed me, and traced her"

It is not essential, but I think it is a precaution that might be worth taking.

+1, I very much get the impression that if the cyclist contacts the police, they will not give an objective, dispassionate account. As logician says, the police will listen to whoever contacts them first, at least in the first instance. As we're lead to believe it was a non-injury RTC, you should be able to report it by calling 101, according to https://www.sussex.police.uk/ro/report/rti/...ffic-incidents/ you'll at least get an incident number.

This post has been edited by cp8759: Sun, 5 Jul 2020 - 12:37


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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