2nd Accident - Suggestions Please

MSA

December 2004, got to be my worst month ever. You may remember I posted
2 weeks ago that I had a spill while out on a training run...well I've
just been involved in another accident.

Out on a training run again, only 1 mile from home, going through the
High Street on my way to the quieter country roads. I approached a set
of pedestrian lights outside the Station and with the lights being green
I continued. There was only one woman waiting at the lights (unusual,
because for the time of day there would normally be hoards of people
trying to cross here) but as I neared her she stepped straight out in
front of me looking in the opposite direction.

I remember trying to swerve around her but because I was so close I
struck her almost head on. She went flying and ended up on the road. I
somehow managed to stay upright on the bike even though I felt myself
going forwards over the bars. I suffered a badly cut forehead, the
biggest swelling and bruise I have ever had (can't close eye), and I
have a slight pain in my left buttock (muscle strain).

A few onlookers took one look at me and called an ambulance straight
away, apparently I was shaking a bit and the blood made it look worse
than it was. An ambulance turned up as well as a 2 policeman. The
medics gave me the option of going to hospital or sitting in the back of
their vehicle for a while to get cleaned up and warm myself up. after
them pointing out that I seemed OK and would just about be OK without
stitches I decided not to go to hospital (what would I do with the bike,
how would I get home etc). I was only 1 mile from home so I got a taxi
and will got to the hospital later if I feel I need to.

The woman that I hit was badly shaken but OK. She spoke no English
which made it very difficult for the medics and the Police to get any
sense from her.

My bike was OK, but I have smashed a £100 of Oakley glasses (the police
pointed this out to me!).

What should I do now? This was not my fault, I have ruined my glasses
and I look like I've been in a pub brawl. I have 2 witnesses that come
forward because they saw exactly what happened...they assured me I was
not at fault. I have the Police reference number..should I try to claim
something? What can I claim for, who should I contact?

Any help would be really appreciated. I am gutted, broken glasses,
smashed up face, and only 2 days before the festivities begin.




--
Mark (MSA)
______________________________________________
Remember, half the people you know are below average

trembler50

Unfortunately, there is not a lot you can do. If you know the person's name and address you could try suing through the county court using the small claims procedure, but it will be a pain and very traumatic for you and her.

This is a person to person accident, she made a mistake, you both got hurt. There is no inurance company to pay up.

If you sued her, she could counter claim.

Best just put it down to bad luck.

half_pint

Seems to me you lack a bit of road sense,
weren't the alarm bells ringing when she was standing at the
crossing looking in the wrong direction?

"MSA" <onyerbikemark@yahoo.co.uk> wrote in message
news:MPG.1c34ffaa44b1bc0b989694@News.Individual.NET...
> December 2004, got to be my worst month ever. You may remember I posted
> 2 weeks ago that I had a spill while out on a training run...well I've
> just been involved in another accident.
>
> Out on a training run again, only 1 mile from home, going through the
> High Street on my way to the quieter country roads. I approached a set
> of pedestrian lights outside the Station and with the lights being green
> I continued. There was only one woman waiting at the lights (unusual,
> because for the time of day there would normally be hoards of people
> trying to cross here) but as I neared her she stepped straight out in
> front of me looking in the opposite direction.
>
> I remember trying to swerve around her but because I was so close I
> struck her almost head on. She went flying and ended up on the road. I
> somehow managed to stay upright on the bike even though I felt myself
> going forwards over the bars. I suffered a badly cut forehead, the
> biggest swelling and bruise I have ever had (can't close eye), and I
> have a slight pain in my left buttock (muscle strain).
>
> A few onlookers took one look at me and called an ambulance straight
> away, apparently I was shaking a bit and the blood made it look worse
> than it was. An ambulance turned up as well as a 2 policeman. The
> medics gave me the option of going to hospital or sitting in the back of
> their vehicle for a while to get cleaned up and warm myself up. after
> them pointing out that I seemed OK and would just about be OK without
> stitches I decided not to go to hospital (what would I do with the bike,
> how would I get home etc). I was only 1 mile from home so I got a taxi
> and will got to the hospital later if I feel I need to.
>
> The woman that I hit was badly shaken but OK. She spoke no English
> which made it very difficult for the medics and the Police to get any
> sense from her.
>
> My bike was OK, but I have smashed a £100 of Oakley glasses (the police
> pointed this out to me!).
>
> What should I do now? This was not my fault, I have ruined my glasses
> and I look like I've been in a pub brawl. I have 2 witnesses that come
> forward because they saw exactly what happened...they assured me I was
> not at fault. I have the Police reference number..should I try to claim
> something? What can I claim for, who should I contact?
>
> Any help would be really appreciated. I am gutted, broken glasses,
> smashed up face, and only 2 days before the festivities begin.
>
>
>
>
> --
> Mark (MSA)
> ______________________________________________
> Remember, half the people you know are below average

MSA

In article <trembler50.1hq8oz@no-mx.forums.cyclingforums.com>,
trembler50.1hq8oz@no-mx.forums.cyclingforums.com says...
>
> MSA Wrote:
> > December 2004, got to be my worst month ever. You may remember I
> > posted
> > 2 weeks ago that I had a spill while out on a training run...well I've
> > just been involved in another accident.
> >
> > Out on a training run again, only 1 mile from home, going through the
> > High Street on my way to the quieter country roads. I approached a
> > set
> > of pedestrian lights outside the Station and with the lights being
> > green
> > I continued. There was only one woman waiting at the lights (unusual,
> > because for the time of day there would normally be hoards of people
> > trying to cross here) but as I neared her she stepped straight out in
> > front of me looking in the opposite direction.
> >
> > I remember trying to swerve around her but because I was so close I
> > struck her almost head on. She went flying and ended up on the road.
> > I
> > somehow managed to stay upright on the bike even though I felt myself
> > going forwards over the bars. I suffered a badly cut forehead, the
> > biggest swelling and bruise I have ever had (can't close eye), and I
> > have a slight pain in my left buttock (muscle strain).
> >
> > A few onlookers took one look at me and called an ambulance straight
> > away, apparently I was shaking a bit and the blood made it look worse
> > than it was. An ambulance turned up as well as a 2 policeman. The
> > medics gave me the option of going to hospital or sitting in the back
> > of
> > their vehicle for a while to get cleaned up and warm myself up. after
> > them pointing out that I seemed OK and would just about be OK without
> > stitches I decided not to go to hospital (what would I do with the
> > bike,
> > how would I get home etc). I was only 1 mile from home so I got a
> > taxi
> > and will got to the hospital later if I feel I need to.
> >
> > The woman that I hit was badly shaken but OK. She spoke no English
> > which made it very difficult for the medics and the Police to get any
> > sense from her.
> >
> > My bike was OK, but I have smashed a £100 of Oakley glasses (the
> > police
> > pointed this out to me!).
> >
> > What should I do now? This was not my fault, I have ruined my glasses
> > and I look like I've been in a pub brawl. I have 2 witnesses that
> > come
> > forward because they saw exactly what happened...they assured me I was


Yep, that's kind what I was thinking.
--
Mark (MSA)
______________________________________________
Remember, half the people you know are below average

MSA

In article <330c9cF3pci7sU1@individual.net>, esboella@yahoo.com says...
> Seems to me you lack a bit of road sense,
> weren't the alarm bells ringing when she was standing at the
> crossing looking in the wrong direction?
>


Yes, I'm sure I have minimal road sense, it happens when you ride 12'000
miles per year for 5 years on the trot.


Sent with bottom posting.


--
Mark (MSA)
______________________________________________
Remember, half the people you know are below average

JLB

MSA wrote:
> December 2004, got to be my worst month ever. You may remember I posted
> 2 weeks ago that I had a spill while out on a training run...well I've
> just been involved in another accident.
>
> Out on a training run again, only 1 mile from home, going through the
> High Street on my way to the quieter country roads. I approached a set
> of pedestrian lights outside the Station and with the lights being green
> I continued. There was only one woman waiting at the lights (unusual,
> because for the time of day there would normally be hoards of people
> trying to cross here) but as I neared her she stepped straight out in
> front of me looking in the opposite direction.
>
> I remember trying to swerve around her but because I was so close I
> struck her almost head on. She went flying and ended up on the road. I
> somehow managed to stay upright on the bike even though I felt myself
> going forwards over the bars. I suffered a badly cut forehead, the
> biggest swelling and bruise I have ever had (can't close eye), and I
> have a slight pain in my left buttock (muscle strain).
>
> A few onlookers took one look at me and called an ambulance straight
> away, apparently I was shaking a bit and the blood made it look worse
> than it was. An ambulance turned up as well as a 2 policeman. The
> medics gave me the option of going to hospital or sitting in the back of
> their vehicle for a while to get cleaned up and warm myself up. after
> them pointing out that I seemed OK and would just about be OK without
> stitches I decided not to go to hospital (what would I do with the bike,
> how would I get home etc). I was only 1 mile from home so I got a taxi
> and will got to the hospital later if I feel I need to.
>
> The woman that I hit was badly shaken but OK. She spoke no English
> which made it very difficult for the medics and the Police to get any
> sense from her.
>
> My bike was OK, but I have smashed a £100 of Oakley glasses (the police
> pointed this out to me!).
>
> What should I do now? This was not my fault, I have ruined my glasses
> and I look like I've been in a pub brawl. I have 2 witnesses that come
> forward because they saw exactly what happened...they assured me I was
> not at fault. I have the Police reference number..should I try to claim
> something? What can I claim for, who should I contact?
>
> Any help would be really appreciated. I am gutted, broken glasses,
> smashed up face, and only 2 days before the festivities begin.

If you are in CTC, you can get excellent advice and assistance there.
You can also get your own legal advice. You appear to have an excellent
claim for the damage to your property and to compensate for your pain,
syffering and any more serious injury. Get checked by a doctor; it means
you have a medically qualified witness. Take photos of your injuries and
broken belongings. You could probably use small claims procedure and
handle it all yourself if you choose.

The biggest potential problem is that the woman who caused this might
not be insured and might have no money. It is utterly futile to seek
compensation from someone who cannot pay. However, if she has household
insurance it might include cover for such incidents. That would put you
in a much better position. Another possible problem is the perception
that you (fit young male?) are being horrible to an unfortunate little
old lady (?) after you have already knocked her all over the road. Her
injuries might be worse than yours, which should be irrelevant, but will
affect people's judgement. Very unfair, but people often take a very
superficial view.

I had a similar incident years ago in London, except that the mad
bastard who walked straight into my path was not looking the other way.
He was looking straight at me. I suppose his brain was processing the
image for motor vehicles only. He certainly looked very surprised as he
suddenly took off from the impact, flew through the air and bounced
along the road a way.

--
Joe * If I cannot be free I'll be cheap

Tony W

"trembler50" <trembler50.1hq8oz@no-mx.forums.cyclingforums.com> wrote in
message news:trembler50.1hq8oz@no-mx.forums.cyclingforums.com...
>
> Unfortunately, there is not a lot you can do. If you know the person's
> name and address you could try suing through the county court using the
> small claims procedure, but it will be a pain and very traumatic for you
> and her.
>
> This is a person to person accident, she made a mistake, you both got
> hurt. There is no inurance company to pay up.
>
> If you sued her, she could counter claim.
>
> Best just put it down to bad luck.

And claim from your household or cycling insurance.

Its then up to them if they want to try to recover anything from your
assailant,

T

Paul - xxx

MSA composed the following ...

> What should I do now? This was not my fault, I have ruined my glasses
> and I look like I've been in a pub brawl. I have 2 witnesses that come
> forward because they saw exactly what happened...they assured me I was
> not at fault. I have the Police reference number..should I try to claim
> something? What can I claim for, who should I contact?
>
> Any help would be really appreciated. I am gutted, broken glasses,
> smashed up face, and only 2 days before the festivities begin.

That's hard luck, but unfortunately I think that's realistically all you
have, hard luck. I doubt that it would be worthwhile chasing her through
small claims, not least because of the time of doing so and the potential
strain it can cause you.

I'd suggest writing it off and trying, damn but it's hard, to forget the
stupid woman and just get on with relaxing and healing.

Get well soon.

--
Paul ...
http://www.4x4prejudice.org/index.php
(8(!) Homer Rules ...
"A tosser is a tosser, no matter what mode of transport they're using."

JLB

trembler50 wrote:
> MSA Wrote:


>
> Unfortunately, there is not a lot you can do. If you know the person's
> name and address you could try suing through the county court using the
> small claims procedure, but it will be a pain and very traumatic for you
> and her.
>
> This is a person to person accident, she made a mistake, you both got
> hurt. There is no inurance company to pay up.

Not relevant, unless she has no money. She is responsible, she has to
pay. If she has insurance all that means is that the insurance pays for
her liability. Without insurance, she pays.
>
> If you sued her, she could counter claim.

That's no reason by itself to back down. If she tried that, it could go
to court finally, to see who had the better case. MSA has witnesses and
whatever else he can bring forward; what will she have? Anyway, before
it reaches court, there are plenty of opportunities to find out how she
would argue her case and if it looks at all credible. The normal outcome
is a compromise based on the relative strengths of the two sides.

If she can afford to fund a counter-claim at least she's worth sueing;
or it means she has insurance, so again its worth sueing.
>
> Best just put it down to bad luck.

There's no reason to give up yet, unless you're convinced the possible
compensation will not be worth all the work it takes.

Writing to her explaining what this has cost you and saying that you
will take it to the County Court if she does not come to an agreement
will not take you long and costs little. If you do this, the custom is
to put "without prejudice" at the top of the letter (that prevents it
being cited in court, possibly to your detriment). Keep what you say
factual. You are most likely to get a result if you make it clear you
are willing to come to a reasonable agreement.


--
Joe * If I cannot be free I'll be cheap

MSA

In article <cqeus1$ld3$1$8302bc10@news.demon.co.uk>,
JLB@bigbad.demon.co.uk says...
> The biggest potential problem is that the woman who caused this might
> not be insured and might have no money. It is utterly futile to seek
> compensation from someone who cannot pay. However, if she has household
> insurance it might include cover for such incidents. That would put you
> in a much better position. Another possible problem is the perception
> that you (fit young male?) are being horrible to an unfortunate little
> old lady (?) after you have already knocked her all over the road. Her
> injuries might be worse than yours, which should be irrelevant, but will
> affect people's judgement. Very unfair, but people often take a very
> superficial view.
>


I will have to think this through, I feel it may just not be worth the
hassle. The lady was of foreign origin and spoke no English (as are
many who live in the area of the address I was given by the Police). I
shouldn't jump to conclusions but I would be surprised if she had any
insurance whatsoever, or any means of paying anything at all.

I might give her a call tomorrow and see if there is anyone willing to
talk to me that does speak English. I might try my luck and ask if if
they wish to reimburse me for property damage before I take it further.
I probably wont, but it's worth a try.

She didn't seem to suffer any injuries, she was walking around talking
on her mobile with 10 minutes. However, I'm sure she could "suddenly
become worse" if she needed to!

I'm just so pissed off that I have expensive equipment beyond repair and
I'm sitting here with a massive eye and a headache. Guess things might
seem better in the morning.

At least I'm getting some sympathy and a bit of "is there anything I can
get you dear" from my partner!

Thanks for your input.

--
Mark (MSA)
______________________________________________
Remember, half the people you know are below average

half_pint

You can ride 100,000 miles a year and still have no road sense.
A similar thing happened to me at a crossing, where the
traffic flowed in the opposite direction to which you would
expect ( a sort of bus lane).
Fortunately the bus driver 'read' the situation, and sounded
his horn.
If you were that bus driver I would probably be dead.


"MSA" <onyerbikemark@yahoo.co.uk> wrote in message
news:MPG.1c350d05c8a51f54989696@News.Individual.NET...
> In article <330c9cF3pci7sU1@individual.net>, esboella@yahoo.com says...
> > Seems to me you lack a bit of road sense,
> > weren't the alarm bells ringing when she was standing at the
> > crossing looking in the wrong direction?
> >
>
>
> Yes, I'm sure I have minimal road sense, it happens when you ride 12'000
> miles per year for 5 years on the trot.
>
>
> Sent with bottom posting.
>
>
> --
> Mark (MSA)
> ______________________________________________
> Remember, half the people you know are below average

half_pint

Except it wasn't just 'bad luck', someone with a bit more
road (and common) sense could have read that situation
and avoided the accident altogeather.

"trembler50" <trembler50.1hq8oz@no-mx.forums.cyclingforums.com> wrote in
message news:trembler50.1hq8oz@no-mx.forums.cyclingforums.com...
>
> MSA Wrote:
> > December 2004, got to be my worst month ever. You may remember I
> > posted
> > 2 weeks ago that I had a spill while out on a training run...well I've
> > just been involved in another accident.
> >
> > Out on a training run again, only 1 mile from home, going through the
> > High Street on my way to the quieter country roads. I approached a
> > set
> > of pedestrian lights outside the Station and with the lights being
> > green
> > I continued. There was only one woman waiting at the lights (unusual,
> > because for the time of day there would normally be hoards of people
> > trying to cross here) but as I neared her she stepped straight out in
> > front of me looking in the opposite direction.
> >
> > I remember trying to swerve around her but because I was so close I
> > struck her almost head on. She went flying and ended up on the road.
> > I
> > somehow managed to stay upright on the bike even though I felt myself
> > going forwards over the bars. I suffered a badly cut forehead, the
> > biggest swelling and bruise I have ever had (can't close eye), and I
> > have a slight pain in my left buttock (muscle strain).
> >
> > A few onlookers took one look at me and called an ambulance straight
> > away, apparently I was shaking a bit and the blood made it look worse
> > than it was. An ambulance turned up as well as a 2 policeman. The
> > medics gave me the option of going to hospital or sitting in the back
> > of
> > their vehicle for a while to get cleaned up and warm myself up. after
> > them pointing out that I seemed OK and would just about be OK without
> > stitches I decided not to go to hospital (what would I do with the
> > bike,
> > how would I get home etc). I was only 1 mile from home so I got a
> > taxi
> > and will got to the hospital later if I feel I need to.
> >
> > The woman that I hit was badly shaken but OK. She spoke no English
> > which made it very difficult for the medics and the Police to get any
> > sense from her.
> >
> > My bike was OK, but I have smashed a £100 of Oakley glasses (the
> > police
> > pointed this out to me!).
> >
> > What should I do now? This was not my fault, I have ruined my glasses
> > and I look like I've been in a pub brawl. I have 2 witnesses that
> > come
> > forward because they saw exactly what happened...they assured me I was
> > not at fault. I have the Police reference number..should I try to
> > claim
> > something? What can I claim for, who should I contact?
> >
> > Any help would be really appreciated. I am gutted, broken glasses,
> > smashed up face, and only 2 days before the festivities begin.
> >
> >
> >
> >
> > --
> > Mark (MSA)
> > ______________________________________________
> > Remember, half the people you know are below average
>
> Unfortunately, there is not a lot you can do. If you know the person's
> name and address you could try suing through the county court using the
> small claims procedure, but it will be a pain and very traumatic for you
> and her.
>
> This is a person to person accident, she made a mistake, you both got
> hurt. There is no inurance company to pay up.
>
> If you sued her, she could counter claim.
>
> Best just put it down to bad luck.
>
>
> --
> trembler50

pk

MSA wrote:
> What should I do now? This was not my fault, I have ruined my glasses
> and I look like I've been in a pub brawl. I have 2 witnesses that
> come forward because they saw exactly what happened...they assured me
> I was not at fault. I have the Police reference number..should I try
> to claim something? What can I claim for, who should I contact?
>
> Any help would be really appreciated. I am gutted, broken glasses,
> smashed up face, and only 2 days before the festivities begin.

Yes, take action.

If she has household insurance then they will pay out.

If she hasn't sue her directly!

pk

Pete Biggs

You need a few days to get over the shock before making any decision about
any claim, there's plenty of time for that. Still, it makes sense to get
your injuries "recorded" by your GP, just in case (photos will also help),
and to contact the police to get the pedestrian's details.

Heal soon!

~PB