Hi guys,

Hoping all is well and this is correct sub-forum to post in. I am writing on behalf of my friend and looking to get advice.

My friend was cycling last night over a busy junction. He was overtaking the car in front of him on drivers side due to slow moving. Suddenly the driver of the vehicle has decided to make a right turn through a double white lines and rammed my friend on bicycle. (See PDF attached with image of the details). He has fallen down, hurt his body in several places and damaged his bike.

The driver of the vehicle did not provide his insurance details. However, he has got drivers name/surname, vehicle details, drivers address, contact number.

Is there any way he can claim for damages caused and the harm that has been done to his body? If so, can you please advise the best cause of action to take?

Many thanks and if any more information is required, please advise.

36331151_10209971615446004_4399732444681469952_n.pdf

Hi

I think the first port of call is the police.

As an injury was the result of the traffic collision, the police should have been called at the time.

I would also contact the driver and demand their insurance details.

Did your friend go to hospital?

If so, evidence can be obtained from them. If not, get him to see his GP urgently

Were the police involved? If not the accident should be reported to them.

Did your friend get the names of any witnesses and are they willing give written witness statements?

On the face of it the driver has driven negligently and your friend has a good case for making a claim against the driver both for damage to the bike and compensation for his injuries.

If he wants to do this by himself he can start it off by writing to the driver saying he holds the driver responsible for the damage and injuries and asking the driver to pass the letter to his insurance company.

If it was just damage to the bike I might recommend that. But where personal injuries are involved your friend might be better off seeing a solicitor. Daytime TV is full of adverts for them! I've no personal experience of using no win no pay solicitors in these circumstances but I'm sure others here can offer advice on this.

One thing I would say about the ambulance chasers is that if you do choose to use one, make sure the no win no fee agreement states that the losing party pay all the costs and the solicitor doesn't want a third of any payout.

Thanks guys.

Police was not involved as he did not think of it at the time due to stress caused. However he did visit the hospital, they have given him some ankle and wrist support bracelets as he could not move it. They have scanned for any fractures and did not find any. This incident has been logged on the hospitals system.

In regards to the witness, nobody has stopped or asked to be one, nor did he ask for anyone. The pizza shop on the main road had a delivery driver see the accident and I believe they have cameras installed which has recorded the accident. Is there any way evidence can be extracted from them or is it private?

I do not think he wishes to involve a solicitor as he is not that wealthy to make this pursuit.

Thanks

It can do no harm to ask the pizza shop if they will give him any coverage of the incident (if any) but they could refuse but if they do, ask them to retain the footage for a while. The police will be able to get any video but it must be reported first.

Oh yes, tell him to buy a helmet cam. They are not that expensive nowadays.

It looks like the indicator on the car is flashing to turn right , was there an entrance or parking area to the right

Not enough information .

A different view , the cyclist without looking tried to pass a car that was indicating an intention to turn right

Always 2 sides to story

He should report to the police as the driver is obliged to stop and then report the incident themselves when someone is injured.

Clearly the first part happened but probably not the second and this is important regarding their insurance as the police will check the driver and vehicle to ensure the car is taxed and MOT'd plus insured.

They will then decide if they intend to take any further action (probably not without some clear evidence of a crime).

After that it is all down to insurers and lawyers

One thing I would say about the ambulance chasers is that if you do choose to use one, make sure the no win no fee agreement states that the losing party pay all the costs and the solicitor doesn't want a third of any payout.

Good luck with that thanks to this government.

You will be extremely lucky to find a law firm that won't deduct 20-30% from damages.

It's not commercially viable not to and to think otherwise is niave.

Thanks guys.

 

Police was not involved as he did not think of it at the time due to stress caused. However he did visit the hospital, they have given him some ankle and wrist support bracelets as he could not move it. They have scanned for any fractures and did not find any. This incident has been logged on the hospitals system.

 

In regards to the witness, nobody has stopped or asked to be one, nor did he ask for anyone. The pizza shop on the main road had a delivery driver see the accident and I believe they have cameras installed which has recorded the accident. Is there any way evidence can be extracted from them or is it private?

 

I do not think he wishes to involve a solicitor as he is not that wealthy to make this pursuit.

 

Thanks

Instructing a solicitor on a "no win no fee" agreement, or CFA, won't cost your friend anything upfront.

However, he will have to make a contribution towards his own legal fees from his compensation which could be anything up to 30% depending on the law firm.

Your "friend" was overtaking a car on the offside whilst the car was indicating to turn right.

The car can cross those double white lines. They are turning into an entrance of some sort.

Be prepared to pay for any damages to the car. The cyclist is at fault

Don't know if this is correct.

I've always thought that you can't cross continuous lines.

Near car parks and driveways the continuous lines are usually broken, indicating that they can be crossed at that point.

But I might be wrong, after all I passed my test when cars needed a cranking lever to be started...

You can cross a solid white line to turn in to a side road etc.

Highway code rule 129

Good luck with that thanks to this government.

 

You will be extremely lucky to find a law firm that won't deduct 20-30% from damages.

 

It's not commercially viable not to and to think otherwise is niave.

Theres actually a lot that will do this

The cyclist is at fault

The cyclist may be partly at fault.

A driver turning right in this situation still has a duty to make sure there isn't anyone on his offside.

It's impossible for anyone with the information on this thread to determine what percentage fault a court might give to each party.

Having thought long and hard over this, I have to agree that the cyclist must bear some responsibility as well. Cyclist should wait in line just like normal traffic unless there is a cycle lane that will get them to the front. I have seen many videos where cyclists and motorcyclists have ridden between two cars only for the passenger door to be opened.

I think it would be better if your friend gave us chapter and verse of what he was doing at the time.

Theres actually a lot that will do this

Really?

I would like to see that!

Your "friend" was overtaking a car on the offside whilst the car was indicating to turn right.

 

The car can cross those double white lines. They are turning into an entrance of some sort.

 

Be prepared to pay for any damages to the car. The cyclist is at fault

We don't know that the car was indicating, the OP hasn't said that.

I think that a claim by the cyclist would succeed in at least establishing primary liability and wouldn't be found to be a fault.

There could potentially be some contributory negligence on the cyclists part, but from what we know I don' think the cyclist is at fault.

We don't know that the car was indicating, the OP hasn't said that.

 

I think that a claim by the cyclist would succeed in at least establishing primary liability and wouldn't be found to be a fault.

 

There could potentially be some contributory negligence on the cyclists part, but from what we know I don' think the cyclist is at fault.

The photo shows the right indicator on and the car in a position consistent with it crossing the central solid white lines to enter a premises or a turning. We don't know when the indicator was turned on though. However, I agree with your conclusion about liability (and the uncertainty of it!)

We don't know that the car was indicating, the OP hasn't said that.

 

I think that a claim by the cyclist would succeed in at least establishing primary liability and wouldn't be found to be a fault.

 

There could potentially be some contributory negligence on the cyclists part, but from what we know I don' think the cyclist is at fault.

The picture shows the indicator illuminated

The picture shows the indicator illuminated

Doesn't mean it was on at the time of the accident.

True, but because the picture shows it it lends itself that it is more probable than not I was on whilst the cyclist was overtaking a vehicle whilst turning right.

I would also point out that the poster is a friend of the cyclist. So I'm going to assume that the cyclist took the picture ( as seen as the motorist is unknown to us) so why would they take a staged picture with indicator illuminated???

Surely they would want it off...

What was a car doing on a bicycle?

H

My thought eveytime I read the title!

Due care and attention prevails.