So I had my first SMIDSY this morning.......

Could have been far worse, pleased I even managed to keep it upright and not drop the bike!

Basically I was waiting in a queue of traffic to emerge from a T-junction when a white van man decides to reverse into me! Despite having left 1-1.5 lengths gap he claims I was in his blind spot. I should have lined myself up more to the offside when stopping but that’s all a bit academic now, despite my desperate paddling backwards and use of the horn the dozy git still reversed into me. No visible damage to his van all happened quite slowly and after crawling over my bike with a fine tooth comb all I can find wrong is a trashed front mudguard.

He seemed keen to settle it cash (said it was his van and working for courier company), even offered for me to follow him to a cash point but I refused on the grounds that I’d like the rest of the bike checked and also was already going to be late for work. So we swapped details and he asked me to get a quote to him.

Unfortunately I wasn’t able to stop any witnesses (too busy trying to get out of the way and keep the bike upright! Whilst everyone infront drove off and there was no one behind) and I am mindful that despite his reasonable demeanour at the scene, it would be very easy for him to later claim that I rode into the back of his van and I can kiss my no claims goodbye (insurance would probably deal with such a claim 50:50)!

Given his offer to accept liablility and settle without involving insurance I thought I would do the following: Get a written estimate and post it to him together with a statement for him to sign with words to the effect that by returning the statement plus a cheque for payment he indicates that he accepts liability for the incident, that this is an end to the matter and he intends to take no further action. Reason being once again I could be a bit shafted if he pays a small amount in cash in an unrecorded transaction then still at a later date reports me as having rode into him!

Any legal bods out there spot flaw(s) in this plan? Could it backfire at a later date for any reason?

glad your ok, next time straight to the cash point take the money and run :slight_smile:

Glad you’re OK.

I’d ring a bike shop and find out how much a new mudguard is
then add about £100 for your time fitting it + inconvenience.
Send him a text and say that’s your full claim and that as
agreed you do not expect him to make any claim off you.

If he is genuine he’ll want to get it settled and so should
pay up and say he’s sorry. Up to you how you decide to
get the cash. If you’ve already swapped addresses then
writing + cheque could be the way to go, if not then
texts + transfer might be easier.

Small insurance claims are not cost effective, premiums
will go up much more than whatever claim you get paid
by the insurance company. Remember insurance companies
are there to make money (profit) not to help people, like
they say in the adds :frowning:

If he doesn’t respond then you could try contacting his
insurance company, if that doesn’t work for whatever
reason, e.g. he gave false details, then you’re probably
better off just fixing it yourself. I doubt there’s any
point reporting it to the police.

Keep a record of all communications and good luck.

a couple of things shock me with this one… :smiley:

  1. why did he reverse?

  2. a white van man, no abuse, offering cash and details? wtf???

Good on him for accepting straight away the liability :slight_smile:

Tell him you use a helmet cam just for instances like this and that you are very pleased he is being honourable about this given the evidence you have;)

I think he reversed because the queue we were both in was to emerge from a T-junction, the corners of which were heavilly parked and someone couldn’t turn into the road because of where he was situated :unsure:


or even tell him you were stopped by the driver of the XXXXXX further on your journey, to ask if you were ok and have their details as a witness in case he does decide to back out of his offer…:cool:

Why don’t we all get real helmet cameras and put an end to all this “50:50 because of no witnesses”.

Any recommendations?

New topic!

what you may find why he is wanting to settle privately

as he is using his own van working as a courier he MAY not have business use/courier Insurance cover and be using standard social/domestic/commuting insurance and any claim will leave him in the Mire …

glad your ok and well done for not taking the money there snd then… you may think its only a mudguard at the time and say oh give us £50 and thats all sorted … later on you ride bike and think front suspension feels a bit wrong and find that forks are bent etc and that then costs YOU .

Hope all goes well … as said make a written notice that when all sums are paid that the matter is dealt with and no further action is to be pursued and ask him to sign it and as well as yourself ( two copies )

Glad to see you were all right. This happened to me a few years back but he went in the back of me pushing me forward at low speed. He said he would pay cash so i said called my dealer who said it would cost £100 to fix the rear plate and guard, he then said he hasn’t got £100 so we went through insurance which then cost him £250 and he had to pay £100 excess anyway.

Trying to get things sorted so quickly privately always seems to be a bit dodgy. Tim might have a point about the insurance.

I have sent you a PM.

Tim makes a very valid point about his insurance coverage.As no doubt you have his vehicle registration number, go to and spend £3.75 to get his insurance details ( as insurance :smiley: ) perhaps you may find that he’s not even insured :w00t:

I would have took his money and ran, imo if this goes through insurance you will lose

+1 I use one, in to days world , its needed,good luck, he prob did nt have business insurance.

more than likely no insurance, tax or licence false name and address

Too late after the event, but if this happens it’s worth ringing the phone no at the time to check it’s not false (have been caught out with this). Might be worth a friendly call to him now, if you haven’t already, to see if he’s genuine. Also remember accidents have to be reported at a police station within 24 hrs* - if you’re not able to sort it out with him personally as he suggests, you will have to have had it logged with the police.

Best of luck, hope he hasn’t wriggled out of it already. *This means in person at a police station, if they did not attend, a form to fill in, so take all your paperwork and do it there if possible.

Accidents only needed to be reported to the police if anyone is
injured or if details were not exchanged. There are also some
rules about if you hit a horse, cattle, ass, mule, sheep, pig,
goat or dog you must report it. :ermm:

Otherwise the police aren’t interested.

But you’re right, it needs to be within 24 hrs if you do need
to report it.

MikeDaBike (27/04/2011)

CHAMPSDG (Cattle, Horse, Ass, Mule, Pig, Sheep, Dog, Goat)