Anyone able to advise me how to approach this in the best way please.
A month ago I had an accident on Clapham high street whilst going to work.
A car pulled out on me which I managed to avoid, however she then stopped suddenly without indication to turn left. I hit the brakes but slid on a white line and dropped the bike. The bike landed on my knee and proceded to spin down the very wet road into the back of her car, causing a small dent in the back bumper and flattening her tyre?
A scooter behind me also had to hit the deck to avoid hitting me, and another bike (Blade?) behind the scooter also went down.
After some time in the ambulance etc and a chat with the police, I spoke to the driver to make sure she was ok, and we went on our ways after exchanging details. I had suggested we sort this out ourselves as the damage was minimal. (much more to my bike than her car)
I have spoken to two witnesses who both agreed she just appeared from the junction on the right and then just stopped shortly afterwards !
OK, after presenting my producer etc. I have heard nothing. I informed my insurance company although said I had no intention of claiming at the moment. They were fine with that.
I received a letter on Saturday from her insurance company asking for ~800 quid ! (prob as much as her ‘P’ reg polo is worth)
I was happy to fix my own fairings/broken bits etc. but am not prepared to accept responsibility for the accident and pay to fix her car.
I have a seriously damaged knee which still is restricting me from riding/driving after a month let alone anything else.
Therefore I understand I need to claim against her?
I have not yet been able to get through to my insurance company today, but would appreciate any advice from anyone that might be experienced in this field?
You really need to get hold of your insurance company and see what they say/advise. I would presume that the police are not going to do anything but with witnesses it may be that you could bring a private prosecution against her for driving without due care and attention etc. If you were to succeed it would go in your favour of claiming from her. Its a long shot but unfortunately as you went into the back of her, insurance wise they will blame you.
Its that old chestnut, cos you went into the back of her the insurance company will say its your fault which is bollock’s, i went into a back of a car in my car afew years ago and eventhough she had no breaklights they still said it was my fault, that was until they found out she had no insurance or MOT which was a bit of luck on my half. i know this is know help but good luck anyway.
Sorry to contradict Chuffs, but I would never trust my insurance company…the advice they give out is often rubbish imo
Use an independant claims company, they have lawyers who specialise in accident work, and therfore it is their business to know that part of the law inside out as well as it’s constant changes [e.g. since thingy vs wotsit 14/10/2005, all u turning cyclists etc.]
As a no win no fee company they cannot afford to chase no win claims and are very good at quickly telling you if you do or dont have a case. The other company chasing you for £800 is “just them doing their job”. As she pulled out on you [all] then going into her back is to be expected, not a sign that all fault is all down to you. Witness statements as ever will be very important, make sure you have as many as possible . .
I’ve just called them (02073460562) and they are going to send out a data release request form.
they were reluctant to do so and suggested I might get the police to try and assist me as they will release anything to the police when it is requested. Let’s see what happens…
I have a feeling that it might have been too long since the event though (30 September)
my missus hit someone in her car in what sounds like quite similar circumstances,
she was driving down the road when a bloke pulled out in front of her than stopped in the traffic queue effectivly reducing the distance she had to stop in. She hit the rear of his car and he was deemed to ba at fault because he pulled out in front of her even though she hit the back of him.
hope this helps as it sounds like this woman in the polo did the same thing
