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When I was a bus driver in 1990, working for London transport as it was then, my instructions were very clear in circumstances like this. As the bus driver you do not slam your brakes on to avoid another motorist - you hit them. Then they are not going anywhere and you have the cause of the problem right there. I kid you not, this was their official advise. Needless to say, I was a real fly in the ointment and would not crash a double deck bus if I can avoid the collision.

 

Can you imagine the court case if some car driver ended up as a quadraplegic. 'Well, I could have stopped but I wanted to make sure I had proof they pulled out in front of me, so I rammed them with my 13 tonne bus.'

 

hehe i like that!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Another one out of touch!

 

Again speaking as an ex bus driver, the guide lines in these kind of situations are quite clear for drivers and is covered during their training. If you don't follow them properly you leve yourself wide open. Obviously in the OP's case the driver indeed did not follow the correct proceedure. What you have to realize is that if a passenger is injured on a bus which is moving, it becomes an RTA (or RTC as it is known now days) and should be treated as such. And as I have said before, the passenger should not necessarilly have been seated.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

 

 

thanks ss

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It appears you are out of touch. A passenger boards a bus (or any other form of public transport for that matter) to be transported from A to B with the expectation that they arrive in one peice. The operator has a duty of care to his passengers and has to have insurance to cover them in the event of injury. I would certainly say that a black eye and bruising (especially if we are taliking an elderly person) constitutes an injury whether they loose time off work or not.

 

 

But why does an injury require financial compensation if there are no financial losses?

 

i.e. I had a car crash a couple of years ago and had to take 2 days off after crash (couldn't move!) time off work for physio etc..., and was compensated to cover these costs because financially I lost out due to something that wasn't my fault.

 

If it was just bruises and no financial loss, then surely an apology and a bunch of flowers would suffice??? How on earth does money make a black eye better??

 

:confused: (sorry, I'm not stupid, I just really don't get it!)

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But why does an injury require financial compensation if there are no financial losses?

 

i.e. I had a car crash a couple of years ago and had to take 2 days off after crash (couldn't move!) time off work for physio etc..., and was compensated to cover these costs because financially I lost out due to something that wasn't my fault.

 

If it was just bruises and no financial loss, then surely an apology and a bunch of flowers would suffice??? How on earth does money make a black eye better??

 

:confused: (sorry, I'm not stupid, I just really don't get it!)

 

Maybe your'e right. But in the OPs case, the bus driver did not follow the correct legal proceedure and obviously did not report the incident so how would an apology or bunch of flowers follow? In any event, even a minor injury plus the experience of being thrown around can be quite traumatic to an elderly person I would of thought. Perhaps you should pose your question to the OP.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

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Im afraid Im in agreement with Gadgetgirl here. I firmly believe that compensation should be awarded to put the injured party back in the financial position they would have been in if they did not have the accident i.e. prescription costs, time off work etc.

 

Anything other to me is profiteering. Following correct legal procedure and not reporting the accident shouldn't mean that someone else is rewarded for your failures.

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Im afraid Im in agreement with Gadgetgirl here. I firmly believe that compensation should be awarded to put the injured party back in the financial position they would have been in if they did not have the accident i.e. prescription costs, time off work etc.

 

Anything other to me is profiteering. Following correct legal procedure and not reporting the accident shouldn't mean that someone else is rewarded for your failures.

 

What about the physical position? Are you saying that an injured person should not be compensated just because they don't work? Why do you think we have to have motor insurance by law... just to cover damage to property?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

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  • 1 month later...
When I was a bus driver in 1990, working for London transport as it was then, my instructions were very clear in circumstances like this. As the bus driver you do not slam your brakes on to avoid another motorist - you hit them. Then they are not going anywhere and you have the cause of the problem right there. I kid you not, this was their official advise. Needless to say, I was a real fly in the ointment and would not crash a double deck bus if I can avoid the collision.

 

Can you imagine the court case if some car driver ended up as a quadraplegic. 'Well, I could have stopped but I wanted to make sure I had proof they pulled out in front of me, so I rammed them with my 13 tonne bus.'

 

yep I was told the same :lol:

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Quick update, we consulted our home insurance cover which also has legal cover, first of all they contacted lawyers in England who could not deal with it as it happend in Scotland, then they could not find the paperwork, now there is a firm in Glasgow dealing with it, and so it goes, meanwhille my wife is getting teatment to her neck,back, and shoulders, so although it only looks like bruising to some people, you will not know what other damage may have been caused if you do not seek medical advice, will let you know the outcome once its been settled

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Interesting thread.

 

I am a london bus driver and can only give an opinion on the way my company would deal with it.

 

The driver should have filled in an 'occurence report' as soon as he got back to the bus garage, this allows the company to save the cctv(if fitted, my double deck has 14 cctv cameras!) and contact the injured passenger direct in order to make an offer of compensation before solicitors get involved.

If the driver did not fill out an occurence report, at my company it would result in at least a written warning, but probably involve the driver loseing his job(which IMO, is totally unfair).

 

If someone pulls out in front of you/stops suddenly, it's instinct to jump on the brakes, however, it would be better to smash into offending car because at least then you could claim off thier insurance.

 

I am always going on coures about accident prevention/h+s etc etc, its all to do with the compensation culture.

I was on a course a few weeks back and we were shown a picture of a Y reg car that had damage to the wing/bumper. We were asked to guess how much it cost my company to settle the claim.

The amount?, £36,000! yep, £36000, most of which was vehcile hire as the Y reg car was a minicab.

 

This happenend to me a few months back.

I was driving my bus through a busy town centre location, I had my headlights on and was beeping my hooter every 10-15 seconds.

I guy, who was on his mobile phone stepped off the pavement straight out in front of me without looking and I hit him.

2 things saved his life;

1, I swevered as I braked.

2, I was only doing about 15mph(30mph speed limit)

Anyway, I was found to be fault free and the guy admitted he stepped out without looking which was also confirmed by cctv.

I found out last week he put a claim in and we paid him £2000 rather than fight the case!! Bloody madness:-x

 

Your wife will win her claim and get quite alot of money, however, when the fares go up, she won't be able to complain because her claim will be 1 of the reasons why the fares have to go up.

All I ask is to be treated fairly and lawfully.

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I think a lot of people on here are missing the point, my wife did not get on the bus to get injured, or to claim compensation, or to get nasty comments from people saying did your husband give you that black eye, drunk again etc. She was going to work as she does every day like most of us and was injured, who is to blame? As for sitting down untill the bus stops, should be the same as when you get on, the driver should wait untill you are sat down before driving off, but they dont. If people did not claim would the price of fares come down, i dont think so.

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Interesting thread.

 

I am a london bus driver and can only give an opinion on the way my company would deal with it.

 

The driver should have filled in an 'occurence report' as soon as he got back to the bus garage, this allows the company to save the cctv(if fitted, my double deck has 14 cctv cameras!) and contact the injured passenger direct in order to make an offer of compensation before solicitors get involved.

If the driver did not fill out an occurence report, at my company it would result in at least a written warning, but probably involve the driver loseing his job(which IMO, is totally unfair).

 

If someone pulls out in front of you/stops suddenly, it's instinct to jump on the brakes, however, it would be better to smash into offending car because at least then you could claim off thier insurance.

 

I am always going on coures about accident prevention/h+s etc etc, its all to do with the compensation culture.

I was on a course a few weeks back and we were shown a picture of a Y reg car that had damage to the wing/bumper. We were asked to guess how much it cost my company to settle the claim.

The amount?, £36,000! yep, £36000, most of which was vehcile hire as the Y reg car was a minicab.

 

This happenend to me a few months back.

I was driving my bus through a busy town centre location, I had my headlights on and was beeping my hooter every 10-15 seconds.

I guy, who was on his mobile phone stepped off the pavement straight out in front of me without looking and I hit him.

2 things saved his life;

1, I swevered as I braked.

2, I was only doing about 15mph(30mph speed limit)

Anyway, I was found to be fault free and the guy admitted he stepped out without looking which was also confirmed by cctv.

I found out last week he put a claim in and we paid him £2000 rather than fight the case!! Bloody madness:-x

 

Your wife will win her claim and get quite alot of money, however, when the fares go up, she won't be able to complain because her claim will be 1 of the reasons why the fares have to go up.

 

With respect, thats a load of tosh. The reason the fares go up (if indeed they do because of insurance claims), is because (as you point out in your case) the bus co can't be arsed to defend claims which are pretty clear cut 'non-fault' incidents and pay out silly amounts like £2000.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

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Interesting thread.

 

I am a london bus driver and can only give an opinion on the way my company would deal with it.

 

The driver should have filled in an 'occurence report' as soon as he got back to the bus garage, this allows the company to save the cctv(if fitted, my double deck has 14 cctv cameras!) and contact the injured passenger direct in order to make an offer of compensation before solicitors get involved.

If the driver did not fill out an occurence report, at my company it would result in at least a written warning, but probably involve the driver loseing his job(which IMO, is totally unfair).

 

If someone pulls out in front of you/stops suddenly, it's instinct to jump on the brakes, however, it would be better to smash into offending car because at least then you could claim off thier insurance.

 

I am always going on coures about accident prevention/h+s etc etc, its all to do with the compensation culture.

I was on a course a few weeks back and we were shown a picture of a Y reg car that had damage to the wing/bumper. We were asked to guess how much it cost my company to settle the claim.

The amount?, £36,000! yep, £36000, most of which was vehcile hire as the Y reg car was a minicab.

 

This happenend to me a few months back.

I was driving my bus through a busy town centre location, I had my headlights on and was beeping my hooter every 10-15 seconds.

I guy, who was on his mobile phone stepped off the pavement straight out in front of me without looking and I hit him.

2 things saved his life;

1, I swevered as I braked.

2, I was only doing about 15mph(30mph speed limit)

Anyway, I was found to be fault free and the guy admitted he stepped out without looking which was also confirmed by cctv.

I found out last week he put a claim in and we paid him £2000 rather than fight the case!! Bloody madness:-x

 

Your wife will win her claim and get quite alot of money, however, when the fares go up, she won't be able to complain because her claim will be 1 of the reasons why the fares have to go up.

 

Why?

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I assume because Rambo was correctly trying to make the guy on his mobile aware that the bus was approaching. From the description of events, its clear that the guy was at fault so wtf would the bus co compensate him? They have CCTV footage to confirm the driver was balmeless which if necessary could of been used to have dismissed any cliam.

 

The only thing I diss-agree with Rambo about is his coment about the bus fares going up. It may be the case that it has something to do with accident claims but surely if the bus co can't be arsed to defend such claims as Rambo's, then you can hardly blame people like the OP can you.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

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It's not a matter of whether or not the bus co can be arsed to defend, it is a matter of commercial reality. It may well cost less to bung a couple of grand to someone than to spend more on lawyers defending, not to mention management time, which you will not recover even if you successfully defend.

 

Its the most effective commercial use of resources. Some claimants know this and cynically exploit it to their advantage.

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The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

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"I assume because Rambo was correctly trying to make the guy on his mobile aware that the bus was approaching".

 

I would agree with your assumption but would it not have been easier and safer then to stop, if he thought the idiot was going to cross? Considering if at the lower rate of ten seconds he would have covered 146ft and at the higher rate fifteen 220ft, between beeps?

 

As Bernie says it is probably a cheaper option then to defend.

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I was beeping my hooter in order to make pedestrians aware of my presence.

I asked my manager today why we paid out to the guy I ran into, he said that it is cheaper than fighting it.

I said that we would win the case hands down and he agreed, but, he said, even if we do win we still have to get the money out of the guy which can be nearly impossible.

 

As for claims affecting bus fares, it can and does affect price fares.

My company know how much they paid out last year for injuries/accidents etc etc, so when they quote a price to TFL, this is all included.

All I ask is to be treated fairly and lawfully.

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I was beeping my hooter in order to make pedestrians aware of my presence.

I asked my manager today why we paid out to the guy I ran into, he said that it is cheaper than fighting it.

I said that we would win the case hands down and he agreed, but, he said, even if we do win we still have to get the money out of the guy which can be nearly impossible.

 

As for claims affecting bus fares, it can and does affect price fares.

My company know how much they paid out last year for injuries/accidents etc etc, so when they quote a price to TFL, this is all included.

 

Yes, there's no disputing it. But you can't really blame claiments (especially genuine ones) when the bus co's simply chuck money at claiments who got injured through their own negligence (such as the guy in your example) and then re-coup their losses through fares. That's just the easy way out for the bus co!

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

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It could also be argued that it is not even the cheapest way out for the bus company. Yes, it is cheaper in that one case, but as people get to know that they don't defend cases they will get claims that would never have been issued if there were any chance of them ending up in court.

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It could also be argued that it is not even the cheapest way out for the bus company. Yes, it is cheaper in that one case, but as people get to know that they don't defend cases they will get claims that would never have been issued if there were any chance of them ending up in court.

 

Exactly my point. As far as the bus co is concerned, its easier to put the fares up and make Joe public pay than go through the courts. In the end, the bus co arn't the ones out of pocket which is all they are worried about.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

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  • 1 month later...

Hmm. I can see a few points to this. If the bus driver had no alternative to brake sharply to avoid a collision with another vehicle, has he really been a negligent driver? In addition, individuals are also expected to take precautions for their own health and safety where they can reasonably forsee a risk (the action of standing up on a moving vehicle where there are ample seats).

 

Most buses I've ridden on have signage stating the capacity which includes seating, wheelchair user and standing. Would this mean that passengers can stand at their own risk, or that the bus company accepts liability for any action arising from a passenger who is injured whilst standing on the moving vehicle? Or only where the driver has been negligent?

 

Awkward one.

 

In view of the fact that they earlier admitted the driver was negligent, why has their stance now altered? Do they say why on the letter? If not I would be asking them to clarify why their position has suddenly changed.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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update" The bus company are now trying to blame third party was to blame for the accident, take it to mean the car which braked in front of the bus and caused the bus to do likewise.

 

From that it sounds like they must of indentified the other car then which is strange as it appears that the bus driver didn't report the incident in the first place (which incidently was an offence). In any event, it is for them to persue the third party and re-coup any losses. They still have an obligation to you, as a passenger on their vehicle and as such, you should be covered by their insurance.

 

Respond by asking for their intentions and in the meantime, you may like to have a word with a personal injuries-related solicitor (there are plenty around) as this is getting a little ridiculous.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Thanks for the replies folks, this information was supplied by the solicitor dealing with the case for us and keeping us up to date of whats happening, he also reminded the bus company that my wife was an innocent partner in this event travelling on their bus. Will keep you updated as to what happens.

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