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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Should I call the police? WWYD?

91 replies

surfandturf · 05/01/2011 14:12

I was knocked off my bike on the way to work this morning. (Car came out of a junction and did not see me despite the fact I had lights on)
Although I'm very shaken and my back is a bit sore there was no real harm done. The driver did stop to ask if I was ok but did not offer me any of his details. (I made a note of his reg though.)

My DH thinks I should call the police and report the driver as he says that I was lucky not to have been seriously hurt.

I'm not sure about his car but there was no damage to my bike. My helmet is a mess (Really glad I wore one!) I went to the hopsital for a check over and they say I will probably be quite sore for the next few days.

I'm concerned whether work will let me take time off as sick or if I will lose pay as a result - if so the driver should pay this loss of earnings for me and buy me a new helmet or AIBU?

WWYD?

OP posts:

diddl · 05/01/2011 17:55

Why wouldn´t work let you have time off?

If you go to the Dr he´ll give you a note?

Would you need to prove that you were in an accident?

pickgo · 05/01/2011 18:04

Were there any shops nearby? Could you ask in them to see if anyone witnessed the accident?
You should definitely report it and claim for your injury, loss of earnings and the cost to replace your helmet.
Witnesses may not be necessary if the driver admits the accident took place and he was at fault.
I know how you feel (I was bitten by a dog recently) and sometimes it's not until the shock wears off that you discover you are hurt and that you actually want some redress - not necessarily about money but about the other person taking responsibility and feeling that your injuries are acknowledged and do matter.
Hope you feel better soon.

tomhardyismydh · 05/01/2011 18:07

What injury? op is not injured!!

scurryfunge · 05/01/2011 18:13

op is has said she was injured, tomhardy

tomhardyismydh · 05/01/2011 18:15

she said she has a sore back thats not specificaly an injury is it? and was told by hospital all was well.

scurryfunge · 05/01/2011 18:18

a sore back is an injury for the purpose of an RTC -an injury can be muscular and it doesn't have to be visible.

Casserole · 05/01/2011 18:39

OP, ring your local police station (not via 999) and record the incident.

If you are more sore tomorrow, as you are likely to be, then you would be wise to have recorded it in advance with them.

Just give them the details and let them determine any action necessary.

And damage to back muscles is absolutely an injury

Rebeccaruby · 05/01/2011 19:08

Look, the guy stopped, he asked if the OP was OK, OP said yes. That seems reasonable. There may be some law which would require him to report this, but this is not common knowledge.

As for compensation for sick leave, surely sick leave is sick leave; if the OP had been knocked off her bike by a hit-and-run driver, she would still get sick pay? Or for swine flu? Compensation is only relevant if the OP is self employed.

pickgo · 05/01/2011 19:17

OP might have to take days off as leave unless she's got a very understanding employer. Therefore she might be entitled to compensation for 'loss of amenity' ie loss of holiday time.
A 'sore' back that prevents you walking and needs painkillers is definitely an injury.
Good cycle helmets are expensive and the OP's just had an experience that demonstrates the need for a good one.
Plus what about the distress? I hope the OP does not experience flashbacks but they are very common after a traumatic event.
Why should she have to bear all this with no consequences for the person who caused it all?

Greenkit · 05/01/2011 19:21

The driver was at fault as he pulled out of a junction and hit the bike.

Just because you felt ok this morning does not mean you will feel ok tomorrow.

Report it to the police on their non emergency number.

The driver should have given you his details.

hatesponge · 05/01/2011 19:42

OP, you should report this (non emergency number definitely). It is possible the other driver may have realready ported it himself, however as you did not appear to be injured he may have thought it was unnecessary.

To those who are dogmatically saying he should have given his details etc - firstly I expect he was shocked. Just because you cause an accident doesn't mean you can't be distressed by it!...secondly strictly speaking details should have been exchanged between the parties, as the driver will be asked for this info (OP's name contact info etc) when he reports the accident to his own insurers.

In terms of what happens next, given there were no witnesses (that you know of) it is highly unlikely the police will do anything other than - at best - take a statement from you and the other driver, and ensure details are exchanged. I cannot think of one instance I know of where a prosecution has resulted from a minor accident like this in the absence of witnesses.

Moving on, you are entitled to make a claim for injury, should you so wish. In connection with that, you can also claim for any reasonable losses and expenses flowing from the accident/injury ie damage to bike, damaged clothing, unpaid time off work, medication costs etc.

hatesponge · 05/01/2011 19:45

already reported

SkyBluePearl · 05/01/2011 19:46

report it - driver wasn't paying attention and was wrong to drive off without giving full details.

diddl · 05/01/2011 20:01

Don´t you only call police if someone is injured?

Also, re "giving details"-why would the driver need her details-especially after she said she is OK?

And wouldn´t it be up to OP to have asked for driver´s details?

scurryfunge · 05/01/2011 20:04

I think we have established that the driver, if unaware of any injury at the time cannot be criticised for not reporting. Now an injury is apparent, the cyclist should report.

Original poster

surfandturf · 05/01/2011 20:36

I have rung my local police station to ask their advice. They were very understanding, took some details over the phone and advised that I should attend the local station tomorrow to fill out an incident form just so that the details will be held on file. The person I spoke to said it was very common for things like whiplash and back pain not to manifest themselves for a few days / weeks so best for the details to be logged just in case any further action needs to be taken in the future. Didn't sound like they would pursue it any further.

Spoke to my boss who has also been quite understanding so hopefully I will be entitled to sick pay.

I feel much better about it now - thanks everyone for the sympathetic advice.

Tomhardy - FWIW I am a careful driver and a careful cyclist. I was riding on the road not the pavement on the flat and was not going fast as I had slowed down automatically when I saw the car approaching the junction. Because the car then came to a complete stop I mistakenly thought he had seen me and had stopped to let me past. However, he admitted that he was looking further down the road for traffic and did not see me in front of him as he pulled out of the junction.

OP posts:

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