Legal siituation: PLEASE DELETE

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Lornholio

Lornholio

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Thanks for the info everyone. Original post removed just in case anythign comes back to bit me. Moderators, please delete.
 
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Don't do anything until you have spoken to your insurers. They will have lawyers dealing with this sort of thing all the time.
 
Mike Jackson said:
Don't do anything until you have spoken to your insurers. They will have lawyers dealing with this sort of thing all the time.
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I was planning on just acknowledging receipt of the letter and saying that she won't be getting any money: it was an accident and she should accept that. My dad said he'll draft something up for me to word it strongly but politely, I think I'd be too blunt. Will ask the police's advice tomorrow too.

Think I should just call my insurer's and ask their opinion? I'm sure they won't want to pay out, but then the silly bint might then just ask me to pay up myself.
 
Pass it onto your insurance company and let them deal with it - that's what you pay them for and they'll have a legal dept experienced in dealing with this sort of thing.

Under the Highway Code if a pedestrian is already in the process of crossing a road when you turn into it, he/she has right of way so from that point of view (accident or not) you were at fault.
Whether or not she has a legitimate claim or is trying it on is another thing altogether - and unfortunately is a sign of the times that we're living in :shake:

It isn't a police matter so going to the police station probably won't get you anywhere, although your insurers will most likely contact them for a copy of the reports.

Don't try to deal with this yourself and don't pay anything out of your own pocket. You pay your insurance company for a reason so let them deal with it.
 
SarahLee said:
Pass it onto your insurance company and let them deal with it - that's what you pay them for and they'll have a legal dept experienced in dealing with this sort of thing.
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Noted. Seems the best plan.

SarahLee said:
Under the Highway Code if a pedestrian is already in the process of crossing a road when you turn into it, he/she has right of way so from that point of view (accident or not) you were at fault.
Whether or not she has a legitimate claim or is trying it on is another thing altogether - and unfortunately is a sign of the times that we're living in :shake:
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Good to know. Granted I didn't see her at all but I very much doubt she had begun crossing the road before I began my turn, given that this is a pretty wide road with centre-islands and lots of parked cars obscuring views meaning you have to pull out slowly and be constantly looking for oncoming traffic from both directions.

SarahLee said:
It isn't a police matter so going to the police station probably won't get you anywhere, although your insurers will most likely contact them for a copy of the reports.
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True, but if I can see the reports myself that would be good just for me to know, and if they can offer any advice then all the better.
 
Definately trying to get a few quid. My wife had an accident a few months back on a slip road (6 cars involved) while passing to the insurance company they basically wouldnt take 'I am fine and dont want to claim anything' for an answer and put her through to their solicitors to start the claim process, they said on average people get £500-£600 compensation for injuries. needless to say we didn't claim.

Anyway back on track this is how people work nowadays. I would 100% not approach this woman yourself. just ocntact your insurance company tell them what happened and let them deal with it.

As the Police have not charged you with anything ie you have done nothing wrong your insurance company and solicitors and her solicitors will prob drag it out for ages with nothing for you to do inbetween.

Try not to let it bother you or get annoyed, it's not worth it! Accidents happen
 
If you respond to the letter you may inadvertently say something that prejudices your insurance company's position. Just pass it on to them.
 
If I have to pay anything (ie. an insurance excess) then I certainly will get annoyed. This "where there's blame there's a claim" ******** like this makes me glad I'm leaving the UK. We'll see what happens.
 
How do you know that she didn't have an injury that wasn't apparant at the time?
How do you know if she has not been seriously inconvenienced by the accident?
As you say, 'you struck her' ... 'you didn't see her' - IMO you could well have had a police officer who saw it as a case of driving without due care and attention, if they do not intend to prosecute you, you may consider yourself fortunate.
The police will not advise you as to how you should respond to the claim, as others have said, leave it to your insurers and to some extent consider yourself as maybe having been fortunate.
 
Similar-ish situation happened to us about 10 years ago.... to cut a long story short... a cyclist who was not wearing a helmet hit the nearside rear of our car whilst crossing OVER (not going round!) one of those small roundabouts. We had seen him, judged distances correctly but for some stupid reason he literally went over the roundabout instead of round it. He added to the problem by slamming on his front brake which launched him at our car.

He refused us calling the policing or an ambulance which we wanted to do not because we felt we were to blame at all (we were absolutely comfortable that he had been cycling like an idiot!) but because it seemed like the right thing to do. We insisted on taking him home though and checking him over, offered to call family or a friend...all refused... he said his leg hurt a bit and tried it out by walking around our car a few times.

A few weeks later got a call from the police, insurance company etc he had taken down our number plate (which we would willingly have given him!) and visited A&E on his own and was now claiming a fractured leg, loss of earnings, etc.

I can't tell you how much this upset us at the time, we were furious as we offered to do anything to help him despite our certainty that he was wrong to cycle over the roundabout and not wear a helmet etc... he ended up with £4500!!!!!

So this is the short version of a very long story, the point of which is that rather than an expensive battle insurance companies will normally settle in favour of the pedestrian... my husband now works for an insurance company assessing such claims as an engineer.

I have a hatred for the compensation culture now... I wish the goverment or someone would pass an act that redefines "accident" such things do occur!
 
Lornholio said:
Loss of earnings (if she even took time off work), but then isn't that what sick pay is for?
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SSP is a fraction of a normal, or even low wage. I think you should pay up pronto to avoid her local bakery going out of business. ;)
 
gramps said:
IMO you could well have had a police officer who saw it as a case of driving without due care and attention, if they do not intend to prosecute you, you may consider yourself fortunate.
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Indeed, this is why I want to speak to the police about the case myself. The letter from the solicitor is accusing me of driving without due care and attention, so I want to check with the police if I am being charged for that offence (this was 6 weeks ago remember, and I have heard nothing since). If the police see no offence then I don't see how the woman's solicitor can hold me liable by giving that reason. Like has been said, one for my insurers.

Thanks for the help everyone, any more to offer just chime in.
 
Lornholio said:
If the police see no offence then I don't see how the woman's solicitor can hold me liable by giving that reason. Like has been said, one for my insurers.

Thanks for the help everyone, any more to offer just chime in.
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Vast difference between criminal or road traffic law and civil law - police not charging you does not mean that a civil case would not succeed.
 
The police were completely on our side in our case, we showed them photos of how he'd hit high in the rear from using his front breaks and it showed that he'd hit us not us hitting him...he still walked away with all that money! Despite the police taking it no further and telling us how often they'd seen similar incidents!
 
anniephoto said:
...he still walked away with all that money! Despite the police taking it no further and telling us how often they'd seen similar incidents!
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But was that money claimed from your car insurer or you personally?
 
Normal course of action is to acknowledge receipt of the letter which will be forewarded on to,
and state that all future correspondence should be sent to, either your insurers or lawyers (name and address) who will be acting on your behalf.

Don't do anything else , don't admit anything and definately DON'T go into any detail in the reply as it could be used against you

Realspeed
 
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You should have reported the accident to your insurance company at the time, the fact that you did not may affect any claim that is made against you, this will be in the terms and conditions of yor policy.

If I were you I would call them first thing tomorrow and let them know, then leave it to them to deal with.
 
Lornholio said:
If I have to pay anything (ie. an insurance excess) then I certainly will get annoyed. This "where there's blame there's a claim" ******** like this makes me glad I'm leaving the UK. We'll see what happens.
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Sounds like your motor insurance is going to get very expensive in the future ...
 
The police have 6 months in which to issue a summons, so just because you have heard nothing from them in 6 weeks doesn't mean you are off the hook, but it does seem to be 50/50 so a summons for WDC is unlikely.

As has already been said, pass this letter on to your insurers and let them deal with it, it is what you pay your insurance company for.
 
Lornholio said:
But was that money claimed from your car insurer or you personally?
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From the car insurance. Still dented our no claims and irritated the hell out of us.

photon said:
It's not illegal to cycle without a helmet.
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As I said long story cut short... this was just one factor in a number that showed the guy was incompetent cycling on the road.
 
realspeed said:
Normal course of action is to acknowledge receipt of the letter which will be forewarded on to,
and state that all future correspondence should be sent to, either your insurers or lawyers (name and address) who will be acting on your behalf.

Don't do anything else , don't admit anything and definately DON'T go into any detail in the reply as it could be used against you

Realspeed
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Any letter sent should always include the line "without further prejudice"

covers yourself in future correspondance
 
Do not acknowledge anything. Do not speak to them. Inform you're insurance first thing and pass on the letter to them. It will be up to them to settle any claim.
You never know, she may have pulled a stunt like this before. The only thing the Police will give you is an incident number. Waste of time talking to them IMHO. Don't fret over this. It's not worth it.
 
photon said:
Really?

Apols to OP, but this tripe needs resisting.
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Sorry but not sure whether you're getting at me with this comment or just commenting on the OP's query? Rest assured the helmet or lack of is just a small factor in how incompetent the cyclist that hit us was. Really haven't the time or inclination to go into further detail though... my point was to highlight to the OP that the pedestrian/cyclist is often treated very favourably regardless of their actions.
 
Pass on to your insurance company. Do not acknowledge the letter yourself.

They will deal with it as they feel fit, may not be the outcome you want, but that is their choice. If you do get involved (contacting the police etc) they may invalidate your insurance. (read the small print on your policy)
 
Thanks for the info everyone. Original post removed just in case anythign comes back to bit me. Moderators, please delete.
 
anniephoto said:
the helmet or lack of is just a small factor in how incompetent the cyclist that hit us was.
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A cyclist does not become more competent simply by putting on a helmet, or less so by not wearing one!!
 
Indeed, but "risk compensation" may play a part in helmeted cyclists taking greater risks and other road users exposing them to greater risks, because they feel safer and look safer.
 
anniephoto said:
Similar-ish situation happened to us about 10 years ago.... to cut a long story short... a cyclist who was not wearing a helmet hit the nearside rear of our car whilst crossing OVER (not going round!) one of those small roundabouts. We had seen him, judged distances correctly but for some stupid reason he literally went over the roundabout instead of round it. He added to the problem by slamming on his front brake which launched him at our car.

He refused us calling the policing or an ambulance which we wanted to do not because we felt we were to blame at all (we were absolutely comfortable that he had been cycling like an idiot!) but because it seemed like the right thing to do. We insisted on taking him home though and checking him over, offered to call family or a friend...all refused... he said his leg hurt a bit and tried it out by walking around our car a few times.

A few weeks later got a call from the police, insurance company etc he had taken down our number plate (which we would willingly have given him!) and visited A&E on his own and was now claiming a fractured leg, loss of earnings, etc.

I can't tell you how much this upset us at the time, we were furious as we offered to do anything to help him despite our certainty that he was wrong to cycle over the roundabout and not wear a helmet etc... he ended up with £4500!!!!!

So this is the short version of a very long story, the point of which is that rather than an expensive battle insurance companies will normally settle in favour of the pedestrian... my husband now works for an insurance company assessing such claims as an engineer.

I have a hatred for the compensation culture now... I wish the goverment or someone would pass an act that redefines "accident" such things do occur!
Click to expand...

The purpose of a mini roundabout is to place roundabout highway code rules at that particular junction, but due to limitation of space it would be impossible to place a roundabout with raised kerbs at that junction. It is perfectly legal to drive/ride over the roundabout provided you have observed the roundabout rules, i.e give way to traffic already on the roundabout, give way to traffic entering the roundabout from the right, this would include traffic entering a roundabout opposite you and turning right across the front of you.
For a cyclist to not be wearing a cycling helmet is personal choice, it's not law they should do so, nor is it a sign of his fault in an accident for not wearing one.



Several years ago, a woman drove into the back of my car at a roundabout. Two of the rear seat passengers in my car suffered whiplash injuries as a result although their injuries were not apparent until the following morning when they awoke. Neither police nor ambulance were necessary at the scene of the accident the woman and I had just exchanged details. On learning my two passengers had infact sustained injuries, I reported the incident at my local police station, this now being 24 hrs since the accident. I did explain to the police that the injuries had not been apparent at the time of the accident and so the woman would be unaware that anyone had been hurt.
It is possible that injuries can be sustained that are not apparent at the time.
 
Oh for goodness sake... I know what makes a good cyclist and what doesn't, I both am one and have been in a horrible accident as a cyclist. I wish I hadn't bothered contributing. The cyclist made a string of errors and hit us. He was at fault. We tried to do the right thing. Insurance still paid out to him. None of you were there... can you not just accept my word in sharing an experience similar-ish to the OPs and leave it alone... I didn't realise my view would only be valid if I gave a detailed statement and provided full explanations of the road layouts, timings etc. Blimey... people love to pick apart someone else's response in this place! The end.
 
Your response was very helpful Annie and I understand all you were trying to say was insurance can and will pay out even if the party claiming was in the wrong.
 
anniephoto said:
Oh for goodness sake... I know what makes a good cyclist and what doesn't, I both am one and have been in a horrible accident as a cyclist. I wish I hadn't bothered contributing. The cyclist made a string of errors and hit us. He was at fault. We tried to do the right thing. Insurance still paid out to him. None of you were there... can you not just accept my word in sharing an experience similar-ish to the OPs and leave it alone... I didn't realise my view would only be valid if I gave a detailed statement and provided full explanations of the road layouts, timings etc. Blimey... people love to pick apart someone else's response in this place! The end.
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To be fair your post implied the cyclist was at fault for
(a) riding over the mini roundabout, which he is perfectly legal for him to do so.
(b) Not wearing a helmet. Again no legal requirement and can not be held as reason to blame him for accident.
(c) Use of front brake instead of both brakes is purely an error of judgement or lack of cycling experience, not another reason to apportion blame.
If however he failed to give way to you when he should have done so, then yes he was to blame. Reasons (a), (b) and (c) are not however contributing factors.
 
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