I got rear ended, what happens now?

Thanks again for sharing your knowledge.
So when the solicitors call up again (they’re going to call back on Monday) I’ll just tell them that I don’t THINK I’m injured, but can’t be sure?
And I’ll start trying to find another transport solution to keep my time on this bike as limited as possible. Might be new bike time, my insurance was up at the end of this month anyway.

Right, now off to speak to plod… :worried:

Many Thanks again for your help

^ This ^

Most people don’t do confrontation so to get over the unexpected embarrassment of standing there like a plum, they’ll probably readily admit guilt quickly so they can drive away.

It’s only when they get home and realise this could cost them a ton of money that they change their tune and start claiming black was white, up was down.

Check if https://www.insurance4carhire.com will cover bikes, it might not be on their web site, you might have to contact them. They cover ~£2,000 of car rental company’s excess for £46 a year premium.

If they don’t, there are others who might.

Hi Michael
Thanks for the link. I’m starting to think it might be a better Idea to just buy a new bike and hope they write the old one off.
OEM parts + labour must already be close to what the bike’s worth to begin with and even if they do repair and return it, I can always sell one on at a minimal loss rather than have the potential for massive costs looming over me.

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@T.C I went to the police station to turn myself in and hope they go easy on me, the lady behind the counter wasn’t interested and seemed to be confused as to why I was there. I explained what happened and she told me I only had to report it to them if it was a hit and run.
I asked if she could at least make a note of the fact that I’d been in to report it and she said no, but I can give you a hit and run form to fill in.
I ended up reporting it online, let’s see where that leads, but thanks again for your words of wisdom they’re much appreciated :+1:

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@Phil.McHock Most beat cops are not interested in traffic law and the majority do not understand traffic law, so it goes to prove that this WPC was talking out of her arse.

I got stopped on the Motorway for undertaking a few months ago. The copper who stopped me (and was supposed to be traffic) got it totally wrong and did not have a clue. He was most upset when I put him right :sweat_smile:

That is what you are up against these days…

But by reporting it online you have covered yourself so well done for that…

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The rear wheel was crooked (pretty sure it could be re-adjusted rather than something being bent) and all the rear plastics (reflector, number plate holder) were smashed. everything else was cosmetic (scraped fairings, exhaust etc.)

That must feel like a real life superpower :joy:

Update:
I got a call from Plantec today, they’ve asked me to send bank statements from the last 3 months to show that I can’t simply go out and buy another bike on a whim (which I definitely can’t) I’m assuming to show my need for the hire bike.

I have confirmation in writing that I will not be pursued for any hire bike charges unless I have been fraudulent or deceitful (so hopefully now I can stop searching for 0% interest deals!) :grin:

Lastly one of my two independent witnesses was not able to be contacted but they managed to speak to the second one. I don’t know the detail of what he said but his account was in my favour and apparently backed up my memory of the event. He is being sent a witness statement to fill out.

I’ll post any other updates I get just in case anyone else might find it useful in future, I always hate it when I need information, find a thread about that subject and then it just dies.

I really do appreciate all the reassurances, warnings, help and advice you guys have given me. You’ve definitely set me on the right path. :pray:

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Even if you could afford a new bike, why would you buy one before the insurers confirm that yours is written off? That would potentially leave you with 2 bikes if they decide to repair yours.

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Hi Mark, I totally agree.
It’s an option I was considering out of desperation on realizing the potential hire charge I could be held liable for, but it’s by no means ideal.
I think in order to recoup their inflated hire charge they need to prove that I can’t just go out and buy a new bike in the same way I would a loaf of bread.

Whilst looking for info on how this whole hire vehicle moneymaker works I read about a footballer who was given an Aston Martin DB9 as a hire car for over 3 months despite earning over £3m a year and owning 5 other cars.
The £63,000 hire charge caused a lengthy legal case (the damage to his car was estimated at £20,000) but he ultimately won the case.
At the conclusion of the case I believe the ruling was that for hire charges to be claimed, proof was needed as to the neccessity of the hire vehicle.

As long as they keep providing me a means of commuting, and I have it in writing that I won’t have to pay their inflated charge myself, I don’t mind jumping through a few hoops however strange they may seem.

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Hi, welcome and pleased your in one piece.

When they give you a hire bike they charge insane fees, I was given a loan bike for 6-8 weeks when I read the paperwork the hire came to 10k which was more than the hire bike was worth. So the insurance all inflate these costs.

The bank statements is more likely a fraud checkm I had to do that and quired this before handing them over, it was to show I’d not just bought the bike then got myself knocked off for the cash.

This being said they lost them and I told them politely where to go the second time as it was not as easy as it is now to get them.

The hire really will come.down to fault, if the guy hold his hands up then you have nothing to worry about, in my case I had it all on video so was a blackand white case of fault.

In terms of reporting to the police, it is absolutely pointless, as I thought I’d been hit by an uninsured driver, so ask the police to attend who’s response was, are you hurt, no, have they handed over their ne and address, yes, well that is all they need to do!

Think you mentioned independent witnesses though so this is worth its weight in gold.

Going forward get yourself a camera as simply it does not lie! And is the best possible witness as it is completely unbiased.

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You really should wait a while before deciding not to claim for injuries. You could have problems later. If nothing else you are bruised and sore. And his insurance should pay for that. It’s likely they may try to argue you are partly to blame - and they would then reduce any compensation payout by the percentage they have decided you are to blame. For that reason you need to ensure that everything damaged is documented and you need to keep a record of how long it took for your bruises to go away (take photos of ny bruises).
Hope things went well with reporting to the police.

Very solid advice this!

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That’s definitely crossed my mind after people have pulled out of junctions on me, cut across me on roundabouts etc.
The thing that’s always worried me is what it could show ME doing as well. As a rule I rarely, if ever, cross solid white lines or offside traffic islands. On the other hand if video showed a few mph over the limit (less than 10% +2) how problematic could that be on video in the event of a claim?

Hi TCP this might seem a silly question but is it a final decision? What I mean is if I decide not to claim for injuries now, does that prevent me from doing so in future if something DOES show up later down the line?

That is something I was worried about until T.C (who I understand to be an authority on this subject) said that in a rear end collision unless it can be shown that I brake tested him or intentionally caused him to crash into me, he will be held 100% liable.
I also took pictures of the scene that show the distance the bike travelled which, together with the level of damage to the back of the bike, should help show that I was stationary at the time (if I was moving there would have been less damage for more distance). I was also in 1st gear at the time so when he hit me and my hand came off the lever the engine stalled and locked the back wheel up (I have a photo of the scrape marks on the tyre and the scrape marks on the road show the bike falling over off its wheels very quickly) which would be far less likely if I was in a normal travelling gear. These things together give me a small amount of hope for a good outcome.

Bizarrely I walked away without a single visible injury (no cuts, bruises etc.) I was in Hood jeans and textile bike jacket with armour covering all my pointy/bony bits and I think my back wheel took the worst of the impact. It happened so quickly all I really remember was a bang and lots of pain, but I THINK - and there are some assumptions here - that when he hit my bike and it shot forward I rotated out of the seat backwards, legs in the air, so when I contacted the car myself it was on the bonnet (which is at a much friendlier ange) rather than the bumper.

All in all I think it was my lucky day (if being hit by a car could ever be considered lucky) and I’m glad I’m of the mind that you don’t always get to choose if and when you have a crash, but you DO get to choose what you’re wearing if it happens :+1:

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Don’t forget what you post on the Internet is there forever.

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Thank you much obliged, as you can tell I’m pretty new to this :joy:

One of the traffic cops I follow on twitter says he has successfully prosecuted drivers who submitted footage complaining about someone else but it incriminated the submitter.

I run a camera now when I cycle, and yes it has made me a more compliant road user. I never took liberties before but now I ensure my road use is squeaky clean in case I need to rely on the video.

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@Phil.McHock The speed aspect is not an issue in 99% of cases if you are a few miles an hour over.

Remember, you are dealing with civil law not road traffic, and the burden of proof is different under what is called CPR (civil procedure rules) so it would have to be established that any excess speed on your part contributed to the cause of the crash.

A camera is useful but as you rightly say provided you have done nothing wrong, and over the years I have watched many hours of video where the rider unfortunately has dropped himself right in it. So it can be a double edged sword. If you get a camera and intend using it, double check the footage before submitting it.

With regards to your injuries, I thought I had already covered this. You have 3 years from date of injury or date of knowledge (whichever is the sooner) to issue proceedings.

Up to 6 months delay (unless there is a valid reason as to why the claim was not submitted sooner), not usually a problem, but any longer than that then any claim for injury will be treated with suspicion. I had one chap who tried to claim for injuries sustained 2.5 years previously. Suffice to say, his claim got thrown out.

Once you accept a full and final settlement there is no going back. Bruising (even if it lasts for 12 months). Although fast track claims will handle smaller injury claims, legal costs are capped at £800 and only a few specialist firms will handle them.

For those that don’t know me, I have helped many members of LB after they have been involved in crashes. I have spent 45 years both as a traffic cop and a specialist motorcycle crash investigator in private law so I have a little bit of knowledge on the subject and although I am now well into semi retirement, I can and will be happy to advise if required or point people in the right direction of getting professional help if needed.

As you will find out,. everyone has an opinion, but the law and the way the system works is quite specific.

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