Got knocked off the bike - advice on RTA formalities

So I'm at a junction. The road I'm on connects with the main road which is a one way. I need to turn right onto the main road to join the traffic flow. I'm positioned on the right side of the road and a VW small van pulls up to my left joining me on the give way line. He suddenly pulls off, turning right, and in the process knocking me over as I hadnt moved off (to be honest a safe gap had not emerged on the main road). As the bike got knocked I quickly tried to jump off the bike, which I managed to successfuly. So as he knocked over my bike he realised I was still there. (Perhaps he was expecting the biker to be as aggressive as him in pushing into the main road? who knows).

When he realised he had knocked me over he rather carelessley accepted that he needed to stop. As he tried to move off again to park up he carelessly ran over my back wheel with his back wheel (this gives you an indication of what an idiot he was). I'm pleased to say no major damage was sustained by the bike (at that speed you wont get major stuff anyway). But both indicators are smashed up and there are scratches on the exhaust.

Now. I've been knocked over before. But the woman who knocked me over was so very apologetic and seemed genuinley concerned. But it didnt get to me me as it was a geneuine mistake. This guy was totally not bothered. It didnt occur to him that he just knocked someone over and was totally at fault. And this attitude really ****ed me off.

• He accepted he didnt see me there but casually just wanted me to get up and ride away
• a PCSO came straight away to witness the particulars being exchanged (though significantly he didnt witness the knocking over)
• And the van driver offered to pay for damage
• The PCSO strongly advised against taking this option

The last time this happened I just left it- didnt persue compensation. There wasnt any damage to the bike and the woman was vey genuine. This guy is very different and unless I persue this I think he will continue with this careless attitude of his unchalleneged. I really wish for him to face the consequences owing to his behavior...but even then I dont think he will be any more considerate in the future

Anyway, what would you guys suggest?

The formal route? (long and potentially messy- remember, this guy may very well try to deny he was at fault)

Or just go down the private route accepting the monies for the damage and bringing this swiftly to an end.

[maviczap]

The formal route, other wise if it goers tits up, you are up a certain creek without a paddle

[the_lone_wolf]

Two things, a loaded van can weigh 3t+... If one ran over my bike I'd want it checking to make sure everything was straight, just because it wasn't high speed doesn't mean nothing will get damaged

Secondly, the PCSO shouldn't have told you to take it outside the insurers, legally you have to report it to your insurers, in real life it's up to you, if you do report it your premium will go up even if you're totally blame free, such is the scam, if in 6 months time you find out the swingarm is bent or if the van driver decides to try and pull a fast one on you your insurance company is going to be asking why you didn't report it...

[G]

Your rear wheel and disc could be bent if he drove over it... The swing arm probably is not meant to take force in that direction either.

I have been in your situation before although liability was slightly less clear cut so I just paid to fix it myself.

In your situation i would want to know If the damage was more serious, if it wasn't I would not persue and would just hope karma caught up with him eventually.

[G]

Your rear wheel and disc could be bent if he drove over it... The swing arm probably is not meant to take force in that direction either.

I have been in your situation before although liability was slightly less clear cut so I just paid to fix it myself.

In your situation i would want to know If the damage was more serious, if it wasn't I would not persue and would just hope karma caught up with him eventually.

[Juju]

Why do you think that making a claim is going to punish him in anyway? Most claims are made against a huge insurer, not the person directly involved. I hear it as a justification for "dodgy" claims all the time.

If you suffered damage, list it, send it to the guy, or his company, and request his insurance details anyway, but request he pays. You don't need two estimates, just one will do. Send a letter to his insurers, and tell them you are giving them notice under s152 of the Road Traffic Act. The police or your own insurer can find his insurers easilly off the Motor Insurers Database.

If he refuses, issue a money claim at Northampton CC against him. You may have legal cover which may cover the cost of solicitors to do this, but its so easy and cheap, its a good thing to learn.

If he fails to enter a defence, then request judgement. Once you get that, then you may send the judgement to his insurers who must pay you under the terms of the Road Traffic Act.

This advice doesnt hold for any injury or if theres more significant damage for which an engineer might be reuired to quantify the claim if say the damage seems more severe/expensive.

Originally Posted by the_lone_wolf

Two things, a loaded van can weigh 3t+... If one ran over my bike I'd want it checking to make sure everything was straight, just because it wasn't high speed doesn't mean nothing will get damaged

Secondly, the PCSO shouldn't have told you to take it outside the insurers, legally you have to report it to your insurers, in real life it's up to you, if you do report it your premium will go up even if you're totally blame free, such is the scam, if in 6 months time you find out the swingarm is bent or if the van driver decides to try and pull a fast one on you your insurance company is going to be asking why you didn't report it...

I read that that the PCSO has strongly advised against the guy paying for the damage? Meaning that PCSO was saying to go the formal route.

[Jayneflakes]

This is why you have insurance, use it. Some hobnob bashed our car and caused some damage, yes our premium went up slightly while it is being dealt with, but the driver was done foe driving recklessly and leaving the scene of an accident. Do it properly.

[the_lone_wolf]

Originally Posted by Milky Bar Kid

I read that that the PCSO has strongly advised against the guy paying for the damage? Meaning that PCSO was saying to go the formal route.

[Biker Biggles]

Insurance all the way.I take it the PCSO witnessed him offering to pay thereby tacitly admitting liability.Your bike needs a thorough check over for damage after he ran over the back wheel,and it may be a write off.Did you actually fall off and hit the ground?Your clothing and helmet may be damaged too.