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Cyclist son hit by a car . . . advice please

42 replies

FlappysMammyAndPopeInExile · 14/12/2016 15:48

My son was cycling to work yesterday - lots of lights, visible jacket - he's 33 and a defensive cyclist.

A car pulled out without indicating and swung round directly in front of him - he couldn't brake in time and went over the bonnet. He smashed his front tooth, helmet is cracked, bike is pretty much totalled.

At the time the driver was very sympathetic - he stayed with DS (who rang or his dad to come for him. He claimed that he wasn't doing a U-turn (as DS thinks) but was just pulling out into traffic - however when DH arrived he took full responsibility. He was pulling out, and it was peeing down with rain and he hadn't seen son. Stayed with DS until DH arrived. Someone from the newsagents where he had been for a paper (driver - not DS) brought a chair. A few other people WHO HAD NOT WITNESSED THE ACCIDENT asked if DS was OK. Son rang police - was told that if he was okay to talk there was no need for an officer to come out. He made a quick sketch of scenario on his phone. Driver gave son name and contact phone number and told him to get in touch when he had a price for repairing his bike etc.

Son spent morning in emergency dentist. Is very shaken up - can't get warm (shock, I think). DH took him and bike to "bike place" for estimate - £400+ and £150 for helmet (thank God he was wearing it!) + £39 (so far at dentist - could be a LOT more).

Rang driver today - now claims he was stationary with wheel sticking out slightly and that son hit him Says he has a witness and that son can ring insurance or police or whoever the hell he likes because HE HAS A WITNESS!!! and nothing will be done.

I am so bloody MAD! He could have killed my son - and he doesn't give a fuck! There were no witnesses (that stopped - other drivers only - none bothered to stop) except that when my DH collected DS, the driver did say that he was pulling out and hadn't seen him.

I am so fecking angry at this man! What do we do? Son has rung police (presumably previous call will have been logged) - they have apologised and said that someone should have attended the scene. They are coming out to take a statement. A bit bloody late!

What is likely to happen now? - what can we do? He isn't on a high wage (not much more than minimum) and can't even afford the bus to work (is an hour and a half walk) so it will be a very early start for him on a morning (doesn't want to get the bike sorted because he can't afford it - we would lend him the money, but he wants it left until things can be sorted properly - thinks is may be necessary if it comes to court).

And advice would be very gracefully received. I suspect that we will have to get a solicitor - what sort of charges are likely? Are there people who specialise in this sort of claim? How can we find them?

Sorry if this is disjointed - my son could have been KILLED and this wanker can only think about getting off cheap, and this is all I can think of. The bastard!

OP posts:
KERALA1 · 14/12/2016 20:07

It's awful. Though there are positive stories too, a cyclist in Dh club wrote about a guy who drove him to hospital despite the cyclist bleeding all over his car. Accident hadn't been drivers fault either cyclist slipped on ice.

EmeliaHerveyHenryFitzroy · 14/12/2016 20:14

My one and only Road Traffic Accident was with a motorcyclist and even though he wasn't hurt and my car wasn't damaged, the insurance company sent an investigator out. She told me that all RTAs (accidents) with VRUs (Vulnerable Road Users) i.e. pedestrian, cyclist, motorcyclist or horse rider are investigated and that the favour is most usually given to the VRU as the drivers of vehicles have to give extra caution to VRUs as they always "come out worse" in an accident.

I'm only telling you this because it means that the 'favour' if you will is on your DSs side as he was the far more vulnerable one.

Not sure if I've phrased all that correctly but hopefully you get the jist.

FlappysMammyAndPopeInExile · 14/12/2016 21:06

Thank you Emelia. I know what you are getting at, and I hope it works out for him. He was sick for two months earlier this year - we were worried sick about him. And now this.

OP posts:
prh47bridge · 15/12/2016 08:38

I would put a complaint in to the police for not attending

I doubt that will achieve anything. The police do not have the resources to attend every RTA. The approach taken to dealing with minor accidents where someone is injured varies depending on the police force involved. Many (probably most but I haven't checked) only attend major incidents. There is a comment up thread alleging they are required to attend any incident where someone is injured "by protocol". This is not true. The reality is that they are not required to attend and generally won't.

creamcheeseandlox · 15/12/2016 10:33

Bridge I work for the met and we have to attend where there is injury sustained. There could may well be offences present and if ambulance attend then police will also attend.

creamcheeseandlox · 15/12/2016 10:36

That is if of course police are called. If police are not called the collision must be reported to police within 24 hrs.

IamNotDarling · 15/12/2016 10:41

Sorry to hear about this. I recommend that you buy cycle insurance for your son as a gift to cover him but also if he has a fault accident himself.

I use Cycleguard. It was £35.

Can someone lend him a bicycle whilst his is being repaired?

BitOutOfPractice · 15/12/2016 10:49

Oh how frightening OP.

I wish your DS all the best in recovering and getting some justice.

prh47bridge · 15/12/2016 11:07

creamcheeseandlox

The Met may have a policy of attending when there is an injury. Many police forces do not and there is no requirement for them to do so. Many will only attend major accidents

If police are not called the collision must be reported to police within 24 hrs

That is not true. Under the Road Traffic Act 1988 S170, if a driver stops and gives the required details (their name and address, the name and address of the owner of the vehicle, the vehicle registration number and, if someone has been injured, their insurance certificate) to anyone with reasonable grounds for requesting them they do not need to report the accident. The Metropolitan Police website gets the law wrong on this point, stating incorrectly that accidents involving personal injury must always be reported. In practical terms it probably makes little difference as I suspect most people don't carry their insurance certificate with them.

greenfolder · 15/12/2016 12:23

You need to go and see if there is cctv today and secure it. Most places only keep it for 48 hrs and then delete or record over

FlappysMammyAndPopeInExile · 15/12/2016 14:09

Police came out yesterday evening and took son's statement- I think they were going to check for CCTV.

He had all the driver's details except the insurance company - officer told him to contact the guy and ask for that and let them know if there was a problem. DS rang him and he refused to disclose the details, so police have bee told about it. They were going to interview the driver anyway.

DS has contacted a no-win-no-fee firm. The proportion they claim is high but it means that they do all the running about - he's been very sleepy (I think may be concussed) and hasn't the energy to get involved himself.

Thank you everyone, for your advice, experiences, recommendations and of course, your very kind good wishes.

OP posts:
KERALA1 · 15/12/2016 14:25

Get well soon - my DH commutes by bike and has been hit twice, both times utterly the moronic careless drivers fault, and the only reason he was even on the road was because the cycle path was closed.

Get so cross with all these drivers humphing about cyclists, IME it is the other way round dimwit crap drivers. The damage they can do to cyclists doesn't bear thinking about.

RedHelenB · 15/12/2016 19:03

At least the driver did stay with him and not just drive off! Surely if the driver has insurance then you just claim off them and keep all of the compensation?

PoldarksBreeches · 15/12/2016 19:17

RedHelen it's not that simple if you don't have witnesses!

FlappysMammyAndPopeInExile · 15/12/2016 19:17

RedHelen

Driver has refused to name his insurance company (police are going to see him about this). Made us wonder if he ws insured.

Yes - I was grateful that the driver stayed with him - at first he seemed really reasonable - but DS said that as soon as he was off the road he wrote down the registration number so maybe driver knew he'd get caught anyway? I'd like to think he was really concerned, but I don't know.

OP posts:
bigchangesabound · 15/12/2016 19:31

My DH had a few accidents a couple of years ago, first one was an ambulance job, second one a witness drove him home. We reported the accident at the police station the next and were advised to go to A&E to get a injury report/make the injuries official (he had really bad tarmac burns on his thigh). Might be something to think about if not been to GP yet.

creamcheeseandlox · 15/12/2016 20:42

The police can check his insurance status and if he's not insured then he can be prosecuted for driving with no insurance. Bad for you but even worse for him.

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