Author Topic: Win, lose or draw?  (Read 2340 times)

Tim67

  • Hello. I'm new here.
Win, lose or draw?
« on: 20 April, 2011, 11:07:53 pm »
It's not a hard luck story, just a seemingly adequate resolution to what we all fear will happen at some point.
Driver of big fancy car pulls out in front of a cyclist (me), resulting collision (witnessed by third party), necessitates repairs to beloved Cheviot ( >£800 repair bill). Driver briefly ponders the situation, and agrees to settle in full without involving insurers, and I'm back with a new bike. What could be better?
 Of course now I'm thinking,"I could have stiffed her for all sorts of stuff". Pain, fear, suffering, anguish, lack of enjoyment, etc.
 Truth is, I went down, dusted myself off and said "shit happens, it's only a bike, I've got another." She pays, knowing that she can't deny her culpability.
 Half of me is angry that halfwits like that get to drive a £30k Audi without the requisite awareness of other road users, and half of me thinks that I've got a "result".
 One little niggle though. If I'd had a £69 Asda bike, should I have been more inclined or less, to accept her full repair costs as final settlement.
 
 

Wascally Weasel

  • Slayer of Dragons and killer of threads.
Re: Win, lose or draw?
« Reply #1 on: 20 April, 2011, 11:12:03 pm »
It's not a hard luck story, just a seemingly adequate resolution to what we all fear will happen at some point.
Driver of big fancy car pulls out in front of a cyclist (me), resulting collision (witnessed by third party), necessitates repairs to beloved Cheviot ( >£800 repair bill). Driver briefly ponders the situation, and agrees to settle in full without involving insurers, and I'm back with a new bike. What could be better?
 Of course now I'm thinking,"I could have stiffed her for all sorts of stuff". Pain, fear, suffering, anguish, lack of enjoyment, etc.
 Truth is, I went down, dusted myself off and said "shit happens, it's only a bike, I've got another." She pays, knowing that she can't deny her culpability.
 Half of me is angry that halfwits like that get to drive a £30k Audi without the requisite awareness of other road users, and half of me thinks that I've got a "result".
 One little niggle though. If I'd had a £69 Asda bike, should I have been more inclined or less, to accept her full repair costs as final settlement.
 
 

Interesting questions all - still waiting on resolution to my claim which involved about £500 of repair and replacement costs - I think on one level that it's great that someone acknowledged up front for a change, my other party's insurer initially tried to claim she wasn't even there.

Tim67

  • Hello. I'm new here.
Re: Win, lose or draw?
« Reply #2 on: 20 April, 2011, 11:49:39 pm »
Yes WW, I fear that it's the insurers, not the "people" who are the problem. Given a rational solution to a obvious error, most people can get their head round their actions and the consequences.  Ironically, I think my upfront insistence of involving the CTC insurers, contributed to settlement without any insurance involvement whatsoever. Act like you mean business, and even Ms Company Car Driver will acknowledge the error of their ways.

Wowbagger

  • Stout dipper
    • Stuff mostly about weather
Re: Win, lose or draw?
« Reply #3 on: 20 April, 2011, 11:55:26 pm »
That seems like a much more satisfactory result than if you had had to get the insurers involved. You would probably have had a bill for counselling then as well.
Quote from: Dez
It doesn’t matter where you start. Just start.

Tim67

  • Hello. I'm new here.
Re: Win, lose or draw?
« Reply #4 on: 21 April, 2011, 12:13:47 am »
Counseling to driver for my deliberate and malicious riding of bicycle into the side of their emerging vehicle. Yes, I can see I got off lightly.
 I'll be sure to send her some flowers. What do you think, Lilies or Gladys?

border-rider

Re: Win, lose or draw?
« Reply #5 on: 21 April, 2011, 12:21:33 am »
If you were uninjured I'd call that a result

if you were...well, I accepted a couple of thou compensation 20 years ago for being knocked off and I can tell you that the trouble my back causes me still suggests that it was nothing like enough (even if it felt like a lot to me in 1990)

Jaded

  • The Codfather
  • Formerly known as Jaded
Re: Win, lose or draw?
« Reply #6 on: 21 April, 2011, 12:48:25 am »
As MV says, if only the bike was injured, that's a result.

Don't discount counseling. If someone needs it, it is valuable. Very valuable.
It is simpler than it looks.

Tim67

  • Hello. I'm new here.
Re: Win, lose or draw?
« Reply #7 on: 21 April, 2011, 12:53:46 am »
No Mal I really bounced off the car and walked home unscathed.
But, there's the rub for me. She comes clean on the repair, as long as I sign a "full and final" settlement deal.
 This gives me some concern that I've left myself wide open with regards any future issues, but who can prove what ailment stems from what incident. It could have been my penchant for turkish goat wrestling that gave me that dodgy knee. Or even some kinky stuff. Who knows?
I think I'll just take the money. She seemed nice enough about it all.

Alouicious

Re: Win, lose or draw?
« Reply #8 on: 21 April, 2011, 07:30:18 am »
It's not a hard luck story, just a seemingly adequate resolution to what we all fear will happen at some point.
Driver of big fancy car pulls out in front of a cyclist (me), resulting collision (witnessed by third party), necessitates repairs to beloved Cheviot ( >£800 repair bill). Driver briefly ponders the situation, and agrees to settle in full without involving insurers, and I'm back with a new bike. What could be better?
 Of course now I'm thinking,"I could have stiffed her for all sorts of stuff". Pain, fear, suffering, anguish, lack of enjoyment, etc.
 Truth is, I went down, dusted myself off and said "shit happens, it's only a bike, I've got another." She pays, knowing that she can't deny her culpability.
 Half of me is angry that halfwits like that get to drive a £30k Audi without the requisite awareness of other road users, and half of me thinks that I've got a "result".
 One little niggle though. If I'd had a £69 Asda bike, should I have been more inclined or less, to accept her full repair costs as final settlement.
 
 


Say no more.

Re: Win, lose or draw?
« Reply #9 on: 21 April, 2011, 09:36:56 am »
She seemed nice enough about it all.

Not surprising really. This way the Police don't get involved, she won't get investigated for careless driving and any previous history of poor driving remains hidden...

Jaded

  • The Codfather
  • Formerly known as Jaded
Re: Win, lose or draw?
« Reply #10 on: 21 April, 2011, 09:43:20 am »
No claims discount stays intact too.
It is simpler than it looks.

spindrift

Re: Win, lose or draw?
« Reply #11 on: 21 April, 2011, 09:52:51 am »
Completely unrecorded, all off the record. I hate the Compensation Culture but I wonder how many drivers just dug out their wallet after an at fault collision and no more was ever said...

Gandalf

  • Each snowflake in an avalanche pleads not guilty
Re: Win, lose or draw?
« Reply #12 on: 21 April, 2011, 12:04:49 pm »
You were, in my opinion, both unwise and extremely lucky.  Not lucky to have been knocked off of course, but lucky that the driver seems inclined to cough up.  I would imagine most drivers offer to pay for bike repairs with the aforementioned £69 BSO in mind.

When they find out that a decent bike costs a lot more that that they start wheedling, leaving you wishing you had gone down the insurance route from the start.

Without wishing to sound all Citizen Smith, it sounds like she's buying her way out of her responsibilities.

The next victim of her inattention might not be so fortunate as to be limited to bike repairs.

CrinklyLion

  • The one with devious, cake-pushing ways....
Re: Win, lose or draw?
« Reply #13 on: 21 April, 2011, 12:20:59 pm »
knowing that she can't deny her culpability.

That's a key part of it for me, assuming they were going to pay all of the costs, and I wasn't hurt.    Unless the driving was sufficiently shite that it would be likely to warrant prosecution, which judging by some people's experience on here would have to be really very bad indeed. 

If the driver accepted responsibility which, thinking about it, isn't quite the same thing as not denying culpability that could have an impact on the decision I would make. 

Re: Win, lose or draw?
« Reply #14 on: 21 April, 2011, 01:19:00 pm »
Of course, the obvious point here is that unless the driver discloses this collision to her insurer anyway, her policy will likely not be valid.

I'm not sure whether there's a facility to report collisions through some kind of central insurance body. Normally they might pick it up from your insurer even if the other party settles for cash, but that won't apply here...

Anyone know?

Tim67

  • Hello. I'm new here.
Re: Win, lose or draw?
« Reply #15 on: 21 April, 2011, 01:27:22 pm »
You were, in my opinion, both unwise and extremely lucky. 
Certainly agree with you on the lucky, and am increasingly minded to go with unwise as well.
It's only now, with the benefit of knowing that she's paying up, that my thoughts are drawn to what I might have got out of it. And having seen their house, they're not short of a shilling.
But that's greed and envy creeping in, which on the whole, is not a good thing.

hellymedic

  • Just do it!
Re: Win, lose or draw?
« Reply #16 on: 21 April, 2011, 01:36:06 pm »
No claims discount stays intact too.

Even though she is obliged to inform her insurers of any crash, whether or not she makes a claim.
If her insurers were to discover your crash in the event of a future incident, she may not be covered...

spindrift

Re: Win, lose or draw?
« Reply #17 on: 21 April, 2011, 01:44:03 pm »
No claims discount stays intact too.

Even though she is obliged to inform her insurers of any crash, whether or not she makes a claim.
If her insurers were to discover your crash in the event of a future incident, she may not be covered...

Exactly, a policy holder's obliged to report ALL incidents, even when no claim was made, but that relies on the driver's honesty, and I can't see a way of the insurer finding out if she keeps shtum.

David Martin

  • Thats Dr Oi You thankyouverymuch
Re: Win, lose or draw?
« Reply #18 on: 21 April, 2011, 01:46:11 pm »
Exactly, a policy holder's obliged to report ALL incidents, even when no claim was made, but that relies on the driver's honesty, and I can't see a way of the insurer finding out if she keeps shtum.

Take the registration mark and forward it with a description of the incident to the CTC, who I'm sure will be able to pass it onto the MIB.

..d
"By creating we think. By living we learn" - Patrick Geddes

mattc

  • n.b. have grown beard since photo taken
    • Didcot Audaxes
Re: Win, lose or draw?
« Reply #19 on: 21 April, 2011, 01:48:21 pm »
Completely unrecorded, all off the record. I hate the Compensation Culture but I wonder how many drivers just dug out their wallet after an at fault collision and no more was ever said...

I think it is down to the victim to decide this dilemma. If they want to fight it, fine; it's a gamble on getting a better result, and getting the driver punished. Or getting very little after a long stressful process.

It's nice to be given the option, in my view.

Reporting her to the authoritayz after taking his/her cash seems a bit spiteful to me. unless you made it clear that was part of the deal.
Has never ridden RAAM
---------
No.11  Because of the great host of those who dislike the least appearance of "swank " when they travel the roads and lanes. - From Kuklos' 39 Articles

spindrift

Re: Win, lose or draw?
« Reply #20 on: 21 April, 2011, 02:39:33 pm »
Being a dozy pillock in a car, smashing into someone, and evading justice by digging out the chequebook seems spiteful to me. It means those without ready cash suffer more than the relatively wealthy.

It's not my call and I'm not sure what I'd do if the driver seemed genuinely apologetic, but paying to avoid a fine and/or points doesn't seem fair.