White Van Terrorist

[sproggy]

Def. a good start.. ask her what would have happened to this idiot if he'd tried this stunt in downtown Palermo.

Having spent a fair amount of time there myself and experienced the roads as a pedestrian, driver and rider I'd say there's a fair bet that anyone in the vicinity would have jumped on him (given that there was a female involved) and given him the benefit of 'instant local justice'. That's always assuming there wouldn't have been another vehicle stopped so close that he'd never even have been able to open the door to get out of his van in the first place

Either that or a whole bunch of people would have accosted him to clean his windscreen or sell him matches, tissues, lottery tickets etc, thus stopping him from getting away....

Eventually managed to speak to the police this morning - seems from the rather garbled message I got from the call centre operative that they haven't done much yet, except assign an officer and establish (this is the good bit) that the stretch of road where this happened is covered by police CCTV So all they have to do is check the tape before it gets recycled - not sure how often that happens.

Don't suppose anyone knows where I can find a live feed on the web from that camera to establish the coverage/angle? The BBC and TfL show 'jamcam' feeds but only closer in to London. This was A41/A5150 junction, southbound. Did a Google search but couldn't find anything.

Cheers.

Ian

 

[Fanum]

I don't think the police CCTV cams are online....the traffic cams you can get on t'internet are privately owned IIRC

You are able to request footage from any camera though under the data protection act (Unless they've changed it )

 

[GSmonkey]

If you write to the DVLA, explaining that a van of that registration has parked illegally on your land, they will supply you with his address.

 

[sproggy]

Update

The legal expenses cover on my eBike policy covers "recovery of costs for damage or injury caused by vehicle collision" or words to that effect. And the damage wasn't the result of vehicle collision, therefore I have no relevant legal cover.

Furthermore, the solicitors advised that they'd expect the van driver's insurers to refuse any settlement on the basis that the damage resulted from common assault (which they don't provide cover for on a vehicle policy) rather than a road traffic incident.

So I have no legal representation and he most likely has no relevant insurance cover. It's been suggested that the Criminal Injuries Board might assist me in recovering expenses but this may not result in my retaining NCD or a claim-free insurance history - only in recovering my excess and other direct costs.

Seems I'll be needing a solicitor, and a 'no win, no fee' arrangement would be my preferred option for obvious reasons. Any recommendations? A lot seems to rest on the police and how they approach things, specifically whether they do actually have CCTV footage and whether they choose to prosecute. Of course there is a witness but I have to rely on his goodwill in terms of filling in forms etc.

Once I've established whether the footage exists I'll certainly find out how to request it - thanks for that, Fanum. Seems the more I do myself the better since no-one else is going to do it for me....

GSmonkey, I already have the form to request his details but am holding fire on that for the moment because I'm hoping the police will provide me with any relevant information. I'll give them a chance, but if they can't disclose the information I've got a V888 and I'm not afraid to use it.

 

[Stu-13]

Sproggy,

The witness will be worth there weight in gold, I’ve had two cases resolved when a witness was involved. One took a few weeks the other nearly a year.

The year long one took a long time as I didn’t make contact the car that cut me up and therefore the driver claimed to have nothing to do with the accident. It took the police report and a witness statement and an awful lot of time to resolve. If it wouldn’t have hurt more I would aim for the car next time and not the gap to the side of it and the barrier the bike got wedged in.

You may have to get ready for the long game. From memory I had to claim against my fully comp insurance then claim back the costs, excess and reinstate my no claims once the other party was held to be responsible. I used the legal cover that came with the policy to fight my case, and at the same time took out a covering policy to cover the legal cost if it all went pear shaped.

Good luck

 

[Schtum]

Seems I'll be needing a solicitor, and a 'no win, no fee' arrangement would be my preferred option for obvious reasons. Any recommendations?

I'd try talking to Rider Support Services in the first instance.

 

[sproggy]

From memory I had to claim against my fully comp insurance then claim back the costs, excess and reinstate my no claims once the other party was held to be responsible.

That's what I'll have to do. My insurance company says they won't be contacting the van insurance company since the incident didn't directly involve a vehicle, however they will pay to repair the bike subject to the usual excess.

I used the legal cover that came with the policy to fight my case

Unfortunately that's not possible in my case.

...and at the same time took out a covering policy to cover the legal cost if it all went pear shaped.

How does that work? It's not something I've heard of before. Any info would be appreciated.

I'd try talking to Rider Support Services in the first instance.

Thanks Will do.

 

[marcus]

That's what I'll have to do. My insurance company says they won't be contacting the van insurance company since the incident didn't directly involve a vehicle, however they will pay to repair the bike subject to the usual excess.

.

I think you might be able to fight this. Could you suggest that the nexus of the claim is no different to if the bloke has deliberately run you over with his van.

This sounds a little like one of those immediate "sorry no claim" situations that could be changed once you get to a higher level of management within the insurance company.

The claim directly involved your vehicle and white van man, not a pedestrian note.

 

[Stu-13]

How does that work? It's not something I've heard of before. Any info would be appreciated.

I think it was offered by my legal team, sorry but it was a few years ago. I think it was encase you went over the amount of legal expense that was covered by the policy. It was a scary time when they start to talk hourly rates etc, as my case took nearly a year to sort. Plus the cost of a hire car while the bike was being repaired and while the insurance company decided if I had a case.

I do remember sweet talking a lass at the police station to read out the key bits of their report over the phone, which helped out on the wording of a few letters. It normally costs to have a printed version and takes a while to get.

Hopefully things will move on once you know the person who was driving the van. I really felt gutted by your recent events. I've being taking my now wife to work on the back of different bikes over the years. Now on my new GS, (she was one of the reason I took the GS over the KTM) so you have that added responsibility of another in the danger zone of city commuting.

Keep positive and it not your fault!

 

[DavidHale]

Check your household insurance and what that covers. A friend of mine was sacked for alleged gross misconduct, so he took the firm to the Industrial Tribunal whereupon the firm settled out of court. All of his legal expenses were covered by his household insurance, so he didn't pay a penny.

No idea if it'll be the same in your case but worth a look?

 

[Andrew Lodge]

Definitly agree that household legal expenses would be a good road to go down, I used this a few years ago and they took over a very complex case and persued it for quite a long time. It cost the several thousand pounds which I felt a bit bad about as by the time they had to pay up i had changed my insurers.

On a seperate note assuming you can get the bolkes name and address would it be worth launching a small claims court action for the damage to the bike and your kit. I don't know what the limit is but I would imagine with your independent witness you should have no difficulty winning it.

At least it would hit him in the pocket by a decent lump and could save your NCB

 

[sproggy]

Check your household insurance and what that covers.

Hmmm, interesting idea. Definitely worth a look - thanks.

Small Claims Court limit is £1000 which may or may not cover repairs to the bike - I'll have to wait until the dealer's done a quote.

 

[Mouse]

Sproggy - wouldn't hurt to visit the citzens' advice bureau, see what options they think you have.

 

[blobbs]

I would argue that the van touched your pillion passangers leg, so in effect it collided with your vehicle. This would then technically make it a Road Traffic accident( after all if hr leg had not been there ,he would've hit the bike)

 

[sproggy]

I would argue that the van touched your pillion passangers leg, so in effect it collided with your vehicle. This would then technically make it a Road Traffic accident( after all if hr leg had not been there ,he would've hit the bike)

But that 'collision' isn't what caused the damage - had that been the only interaction this thread wouldn't exist! The collision between leg and van is incidental - the damage to body and bike were caused by the actions of a pedestrian - as soon as he stepped outside of his van he ceased to be covered by his van insurance. This may not be good news for me but I don't see any point in arguing with my insurance company about it since I can see the logic.

If someone parks their car outside a shop and then goes inside and punches a cashier, the cashier can't claim for personal injury off the offender's insurance just because he arrived at the shop in the car! Silly example, I know, but the principle is the same, I guess.

CAB might be another good alternative - I'll speak to Rider Support first, though, since they'd potentially be able to take it further than just offering advice.

 

[Schtum]

I'll speak to Rider Support first, though, since they'd potentially be able to take it further than just offering advice.

Have you not done it yet...? I'd talk to them as soon as possible after any incident involving injury. They get very positive feedback from people who use them.

 

[sproggy]

Have you not done it yet...? I'd talk to them as soon as possible after any incident involving injury.

I've completed all the details on their web form (easier than trying to explain it over the phone in this case!) and am waiting for them to get in touch. I'll chase them tomorrow if I haven't heard.