It finally happened to me earlier this evening - some impatient lunatic driving a big 4x4 towing a horsebox barged through a group of us out on a club run. I got clipped by the horsebox and almost dumped on the ground - no broken bones luckily, but a few bruises and it's gonna hurt in the morning. The driver pulled into a farm a few hundred yards along the road, so I followed her to ask what the hell was so urgent that she almost killed me. I was told that "I shouldn't have been in the f*cking road anyway", and to "f*ck off you tw*t". If she'd shown an ounce of contrition i'd have let it slide, but now i'm all for taking this as far as I can. I've made a statement to the police, and had my injuries checked out, but what are my options from here?
RW forum legal eagles - i'd appreciate your assistance on this one. TIA.
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Its a road traffic accident and with personal injury. Did you get her details??
Waiting for a uniform to get in touch to take a full statement, but I don't imagine that they'll see it as a big priority - I wasn't killed after all...
If you have reported it to the police then it must be investigated. Personal injury accidents to someone other than the driver are reportable. She should have provided you with her name, address, VRM and insurance company details if you had asked for them. If she did not then she commits an offence unless she reports the accident to a police station as soon as practicable and in any case within 24 hours. That does not mean she has 24 hours to report it - she's got to do it asap.
Get all the details of your witnesses, get the details of the officer you reported it to. Make sure your injuries are documented by a medical professional ie your GP or A&E - asap. Which police force/service is it? All will have different policies but the legislation comes from the Road Traffic Act 1988.
Email me if you want more advice. Good luck!
Hope you're ok.
Not that MPS and GMP don't investigate things but they are busier forces with a higher volume of things going on. Does that make sense?!
sorry if i offended anyone.
I suppose that she could also deny that she knew i'd been hit, since I had no witnesses to that conversation, only the incident itself.
You have her registration and that has been passed to the police. You have also spoken directly to the driver and seen her so you can identify who was responsible. The police should be able to get on and deal with it.
Take it all the way!!!
BTW my parents live in Cornwall - Wadebridge - done a few runs down the Camel Trail when I've been in town... erm village I mean!
A police officer is on the way to my house to take a statement, as i'm typing this. I don't know what the outcome will be - a stern talking to, at most, I suspect.
Unfortunately most of the other runners were on the other side of her horsebox when I was hit - most were unaware that I had been hit until after the run. Only one of the guys on my side of the road saw the whole thing, but he has agreed to stand up in court if it comes to that.
I think with those Claims Direct type people they wait for a conviction at court before they do anything.. not 100% on that though.
You have a witness so at least there is corroboration.
It's just annoying when people think they can behave this way and it's ok.
Again, good luck!
Ive actually been on the other side of one of these claims, two lanes going right and a cyclist was in overtaking lane! he actually cut across into the side of my car without signalling (i dont think he realised both lanes went right personally, but i couldnt avoid it) and tried to put a claim against me! he had no chance, but you might it all depends on the circumstances...
Police and ambulance attended, serious bruises, have to take 3 days off work, no work no pay for me and 2-3 weeks of no running and cycling, which means no means of transport other than taking taxi's.
Also, I live on the fifth floor with no lift...
I wasn't thinking of making a claim until I realised the extent of this incident today, when being checked out in a&e because my knee has swollen beyond recognition...
I own a horsebox and a 4x4 (both a bit worse for wear) and want to say that not all horse owners are rich bitches but... if you tow a horsebox with a life cargo in the back you should drive carefully and it is no excuse to barge into groups of runners, so I'd say make her aware.
The guy who knocked me down is a minicab driver and according to the police will be prosecuted, taken to court, sentenced to either a big fine or some weeks in jail and he will loose his licence and his job obviously. At least one idiot driver will be taken off the road!
Incidentally, I probably would be a heck of a lot more loaded if I didn't have the beast which eats lots and likes to get injured and cost me lots of money in vets bills!
I will be in Newmarket a week on Wednesday to take said beast to the vet hospital for xrays on his broken foot, we can meet and have the "horse owners must be loaded" discussion if you like?!
A bunch of others were on the left of the road, and hindered her passage. She actually stopped, and did the "revving my engine, leaning on my horn" thing (oh, and swearing too, of course) before gunning her engine and swerving over to the right hand side of the road, hitting me in the process.
As a student of law, how would you say that leaves her in court?
:-)
Still you should persue your rights, through the courts if necessary, and take the snotty cow to the cleaners.
If you were all on one side of the road youd have a stronger case, but unless there are other factors itll more likely go down as accidental even if she was out of order, id save your court costs if i was you personally m8. You say she did stop initially so thats her paying care and consideration (not very good i know) but itd be a different story if she hadnt slowed down and was driving over the speed limit or recklessly. Itd be a bit risky to pursue it in my opinion, but theres goin to be more facts there that i dont know, so up to you m8...