Collision whilst filtering - advice?

I don't think filtering is the issue is it? Wasn't the bicycle also filtering? Or, if he was let out to go across the road, the question isn't whether filtering is legal. Its about who had the right of way and whether due care and attention was being paid in respect of each drivers maneuver.

Also, you don't have to reveal that you can't locate the witness. During any initial negotiations you have to use what you've got. I would say there's a witness, if only to discover whether he has one. If it ends up going to court then obviously its cards on the table but if the other guy is playing tactically, why not use ever trick you have up your sleeve?

Yes, putting it in the hands of the professionals is ideal if you can afford it. Hopefully the Solicitor will help but report back if not.

Cyclist was crossing the road from a minor over a major to another minor road.

On the police form I filled out there was the option for the station to select cyclist inattention as it was my right of way.

Originally Posted by nikon70

Well he has not agreed yet, he has not seen the bill.

He could say no and I'm left with a civil suit...

Call the cyclist and tell him you want to split the bill - bring morality into it and say its only fair bla bla bla. record the call and use it in a civil suit if he won't pay.

[Wideboy]

You're not allowed to record a conversation and use it as evidence unless the person on the other end is notified prior to the conversation starting, then they will simply hang up, I did keep texts and emails however they were not needed

But, you CAN record the coversation and make a transcript, which would be admissable.

Originally Posted by Wideboy

You're not allowed to record a conversation and use it as evidence unless the person on the other end is notified prior to the conversation starting, then they will simply hang up, I did keep texts and emails however they were not needed

Yes you are allowed to record your conversation (Regulation of Investigatory Powers Act 2000) and you do not have to notify anyone that you are recording the information.

Originally Posted by Scylla

Yes you are allowed to record your conversation (Regulation of Investigatory Powers Act 2000) and you do not have to notify anyone that you are recording the information.

Now now, this is not strictly true and you're both right in a way. You can record the information, but you cannot use the recording in legal proceedings without permission. It is inadmissable. Also, powers under RIPA to go beyond these requirements are only available to "authorised persons" such as law enforcement and investigators.

But this is semantics. The way around it is to record a conversation and make a written trasncript based on your "recollection" of the call, therefore not having to use the recording itself. [Edit: +1 Spank, you got there before me)

I have taken advice and decided to use White Dalton, they really know their stuff.
Filled out all the forms and paper work, reported to my insurance and the police.
Now it is for WD to see if he has any money to make a claim on a no win no fee basis, otherwise no claim.

On another note; my legal protection cover that i paid £19 for is pointless! can't use it to claim on as he has no motor vehicle insurance.

So to get my bike repaired i have to claim on my insurance and pay my excess, which will come out as a fault claim boo!

so fingers crossed about the claim with WD.

claiming for whiplash, soft tissue injury, & ptsd

and will try to get funds for bike repair too.

Originally Posted by nikon70

and will try to get funds for bike repair too.

Good luck with it mate. Hopefully a good letter from WD will "encourage" a quick settlement.

Originally Posted by nikon70

Cyclist was crossing the road from a minor over a major to another minor road.

To clarify, were you filtering over a crossroads? If so, this may go against you, as filtering through junctions is frowned upon (even if you're on a major road and two side-roads cross it).

Originally Posted by nikon70

claiming for whiplash, soft tissue injury, & ptsd

PTSD? This wasn't mentioned before. What exactly are you suffering from?