Where do i stand in this crash

golfdub

golfdub

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Well on Wednesday at 6:45 am I was on the. Roth circular in wembley near ikea riding along the middle lane and I remember seeing a set of big traffick lights so I started to ease of the accelerator when a silver golf cut straight in front of me and I tried my best to miss it but he cut me up to close and I went straight into the back or it him I THINK another car hit me up the arse and sent me and my r6 over the silver golf. I remember flying theough the air and the next thing I remember is a paramedic waking me up in a ambulance. I ended up in st Mary's hospital paddington with a fractured spine, bruised lungs, torn muscle in my left shoulder , broken right thumb in two places and a few cuts and bruises and I wasn't even going over 40 mph as I just passed a speed camera and the lights were next.
Friends and myself have been ringing the police since Wednesday to find what actually happened and the other drivers details so I can pass them on to my insurers which is only 3 party fire ans theft.
My question is who is at fault here ? Is it me as I went into the back of the golf BUT he did pull a dangerous manoeuvre to get in front of me, personally I think he didn't see me or even bother to look as if he did see me he would of waited to change lanes when safe to do so.

My memory has been a bit faint but its gradually coming back, I'm self employed so this is seriously damaging to the pocket.

Thanks for any help or tips with this matter.

Jason
 
OMG this ain't good, get well soon!!

Depends on 2 things really and it all revolves around how much space you had between you and the car in front.

1) If he pulled out into the gap and left you reasonable time to react and brake, his insurance company will try to hold you at fault.

2) If he pulled out dangerously and left you no time to react, he is at fault.

I assume there were witnesses to verify what happened? They are crucial in a case like this otherwise it becomes your word against his. I work for an insurance company, I'll make a few enquiries to find out what normally happens in these sort of cases.
 
Normally I'd say anyone who goes into the back of another vehicle is at fault - certainly the guy who ran into the back of you must have been too close.

In this case, if the other guy cut dangerously in front of you then there should be a case to argue that he's at fault. What you describe - cars cutting up bikes like that is sadly too common. It may well be that he didn't see you at all. Problem may be you'll need witnesses to make that argument, I fear.

Just my uninformed opinion!!

Hope you're on the mend!
 
Knowing the North London roads I'd especially approaching a junction I'd wager there'll have been camera's pointing at the incident. I'd think from what you've posted the Golf driver will take the blame (but I'm an accountant not a solicitor/barrister) but you/your solicitor or insurance company will have to prove it!
 
I think you've got to hope and pray that there was some kind of CCTV camera in operation that captured the incident and can prove the other driver was at fault.
I've learnt over the years that as soon as you say "ran up the back" it usually means goodnight Vienna to the person that did the running.
Get well soon mate.
 
Last edited:
Smiffy said:
I think you've got to hope and pray that there was some kind of CCTV camera in operation that captured the incident and can prove the other driver was at fault.
I've learnt over the years that as soon as you say "ran up the back" it usually means goodnight Vienna to the person that did the running.
Get well soon mate.
Click to expand...

This. In spades.
 
Get fixed soon fella...

Hopefully, an accident investigation unit is doing its work... Good chance there'll be some CCTV footage to help... As you weren't in a position to do so hopefully someone has collected some details of indpendent witnesses to help your case...
 
Sorry to hear that.

A friend of mine used to handle insurance claims and she told me once that the person who runs into the back is almost always at fault, as others have pointed out. However, it sounds like you might be able to make a claim against whoever ran into the back of you (if indeed they did), as they may well have been too close. Failing any CCTV footage, that person may also be able to put a bit more detail around what happened with the Golf, as presumably it all happened right in front of them. You need to hope that a) they were paying attention and b) they are honest.

Hope you get it sorted to your satisfaction and recover quickly.
 
Smiffy said:
I think you've got to hope and pray that there was some kind of CCTV camera in operation that captured the incident and can prove the other driver was at fault.
I've learnt over the years that as soon as you say "ran up the back" it usually means goodnight Vienna to the person that did the running.
Get well soon mate.
Click to expand...

Exactly this.. Hopefully you'll mend quickly and there'll be some CCTV/Witness to accident that can prove your innocence in this.
 
I appreciate all of your feedback. The golf driver pulled out on me so quick that I instantly knew that I couldn't do nothing and I'm sure that any driver behind us who would of seen this they would of thought ' what is that car doing' the police told my partner there is no CCTV in the area which is hard to believe as it was outside McDonalds, ikea and a pub so surely someone is watching there premises.
 
Code:
Smiffy said:
You're not an injury claim lawyer are you????
;)
Click to expand...

Lawyer but not injury claim - have given some advice which wouldn't want anyone else to read and then try and use it if it was their crash - each claim should stand or fall on its own merits and not on the back of what someone may have said was relevant in another accident
 
Where there's blame there's a claim ;)

Sounds like the OP wasn't to blame and hope he gets well soon. Proving liability may be tricky, good luck.
 
Here's to a speedy recovery!

Did the Police get any statements by others to prove your side of the story? As with any insurance company, they are going to try damn hard not to pay. No doubt the Golf driver is pleading 100% innocent.
 
MegaSteve said:
Get fixed soon fella...

Hopefully, an accident investigation unit is doing its work... Good chance there'll be some CCTV footage to help... As you weren't in a position to do so hopefully someone has collected some details of indpendent witnesses to help your case...
Click to expand...

2 hopes I'm afraid. If the right people were actually called, they are very unlikely to do a full reconstruction unless someone has actually died. The best chance is if there is CCTV or independent witnesses. The other alternative is if the other driver who hit you up the backside can corroborate your version of events, but the chances are that the Golf's insurance company will look at it as you 2 ganging up on their driver to get yourself off, depends on the quality of your statements.

Good luck & get well soon.
 
I hope that you make a speedy and full recovery.

Surely the best course of action is to ascertain from the driver who hit you, his version of events. If he pushed you he is probably liable for your injuries, if he says that the sequence started will the Golf driver doing something stupid to set off the chain then 2 against 1 is a better bet for you in resolving the matter.
 
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