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7 comments
contact his insurance company, i got knocked off by a white van and ended up with £10'000. the insurance has paid up before the driver has been prosecuted. the police are very aware of the bike vs car thing so. contact his insurance, if they are no use have a word with a no win no fee solicitor. make sure you have been to hospital etc. drivers always try and wriggle out of it.
If, as you say, you were on the main road and the driver has come from a side road and collided with you then he / she is at fault, no other way of putting it.
Imagine if you were a car in the same position it would be clear cut and in this case it's exactly the same - cars / vehicles joining from a minor road must give way for traffic using the main road....in the words of the adverts SIMPLES !
Good luck though mate and you can claim from his car insurance as he was at fault.
I am insured elsewhere, but i used Bicycle Legal in conjunction with my family solicitors, but to no avail, In my case, the driver found a witness, who was not at the scene but the judge found in his favour, even with my solicitor and me having sought reports on how my bike could have been damaged like that.
I've seen threads about it over and over, where the police/court services and judges/sheriff's dont give 2 sh*ts about cyclists vs cars and most often find in favour of the driver
I always recomend that people join either the CTC or British Cycling for their assistance in the event of incidents like this. But have never had to use it. Hence I have started a post 'British Cycling insurance' your post has prompted me to wonder whether they are any good and if joining is good advice. Would hope that they would be useful in the situations I describe, you describe and also if in Gkam 84's situation; surely access to good legal representation would have sorted his predicament out?
If he came out of the side road then he's going to have to prove it was your fault. Sounds like he was looking past you for cars only.
If you don't have them already, go back and take pictures of the site. Draw a diagram of the accident while fresh in your mind, and write down literally everything you can remember.
If it comes down to your word against his and the magistrate goes 50/50, have a think about who will be hit with the bigger cost. Ie was he driving a banger and you were on some exotic machine, or vice versa?
Good luck.
any witnesses? take any pictures?
hard to see how it could you could be legally at fault if a car pulled out and you had right of way.
Mate, i wish you all the best of luck, but if its the drivers word against yours, then i dont like you chances
Some of my experiences
http://road.cc/content/forum/37889-some-advice-needed-crash-and-police
I ended up getting taken to court because the driver found a "witness", i got a fine among other things