Undertaking accident with ex-policeman!

[World-weary]

I was driving home along a busy main road approaching my house. I indicated left to pull into my drive, slowed down and began to turn into my drive. I had seen a motorbike behind me travelling very quickly. As I turned into my drive the bike went up the inside of me and hit the rear near-side of my car. My car is a write-off. The bike rider was injured but OK. The police and ambulance were called and the police said it looked like his fault for trying to overtake on the inside. However, the bike rider is now trying to say that I was indicating to turn right, then changed my mind at the last minute, so he was legally allowed to pass me on the inside. When he noticed my left hand indicator it was too late for him to stop. This is nonsense; why would I indicate right (into a petrol station) when I was going home? I only have third party insurance and it looks like he is not going to accept liability so I may lose everything. He is also claiming personal injury from me! It is complicated by the fact that he is an ex-policeman with many friends!! What do I do? Why are the police not charging him? How can I prove he was in the wrong and is now lying to fit the accident?

[searchlight]

Assuming you are being straight forward with your version as spelled out in your question. In an accident neither party should admit liability to the other. You simply put your version to your insurer and it's up to both insurers to decide liability.
What do you want him charged with? They can only charge him with a motoring offence resulting in an accident if they are satisfied he caused it, did they attend the scene, if so they could just as easily charge you if they believed his version. If the police believe it's a genuine accident or it's your word against his and there are no witnesses it's highly unlikely either party would be charged.
Is he bullying you and who actually told you he is an ex policeman? If you believe he is trying to pervert justice go to a police station and ask to speak to a seargent or above. Do not discuss it with a civilian enquiry officer.

[Iggle Piggle]

Did you say theres a petrol station opposite? is there a chance the cctv cameras on the forecourt could see the accident?? A long shot, but worth finding out.

This accident sounds like a rear end shunt, in which case it's the vehicle behind that is at fault. There is never an excuse for overtaking on the inside !
The guy sounds like an @rse, I hope the situation is resolved in your favour, keep us posted !

[searchlight]

I understand the police did attend.

[TWR]

Reading your post, It can be proved who was at fault if need be by the marks left on your car by the Bike rider, was the statement made by the on-site attending officer heard by the ambulance driver/ partner? can you find these people through your local hospital ( It should be on record who attended) get these facts in writing, take photos of the damage to your car, the area, was is dry/raining, daytime / nighttime, regards legally allowed, ( No such thing) unless the roads to your right or similar are present. I will be corrected on this if I am wrong, If you win this case I would sue the rider for defamation that, I would definitely do.

[vulcan]

The company where I used to work occasionally had traffic police come in and lecture on safe driving.Whenever this type of accident was discussed we were told, the person behind has the responsibility to travel at a reasonable speed and distance to deal with anything that happened in front.
Ex policeman or not he's at fault.

[World-weary]

Good call, Iggle Piggle!! The petrol station caught it all on CCTV. It clearly shows me indicating left into my drive, and in the correct position in the road. The bike just comes up the inside of me, on the cycle track, and slams into the near-side back panel of the car, ending up on the footpath.
Thank you, I suppose I will have to see if the police are interested now but at least the insurance should be happier.

[f86sabrejet]

you can always trust a (ex)policeman :-(

[paraffin]

Hi W-w:

Sorry for getting here late - unlike your "friend" on the bike?

Hope you don't mind me making a few comments?

1. In your last post, you mention a cycle track. Was it an official one? And was it between you and your manoeuvre?

2. Were the Police aware of it? Did they make any reference to it within your hearing?

3. Who has the CCTV tape now? It must be passed to the Police if it's to be used as evidence, assuming that they are deciding whether to bring any prosecution.

4. From personal experience I would suggest that it will make no difference if one party is an ex Police Officer - if he's in the wrong he won't "get away with it".

[World-weary]

In Answer to your questions;
The cycle lane is at the side of the road with designated broken white lines and is about 3ft wide. So, yes. it was between my car and my manoevre. I had to cross the cycle lane and the footpath to get into my drive. The motorbike came down the cycle lane in trying to pass me on the inside as I was indicating and turning left. The police saw the cycle lane as they were standing in it whilst surveying the scene but no mention of it was made. They have now viewed the CCTV and told me that it confirms my statement but they are still not intending to press any charges. Surely this is driving without due care and attention - at least!

[weas]

Hang that copper !!!!!!!!!! if you do not win, phone the press they hate that!

[World-weary]

It is now many months later and this claim is still going on! I had to press the police to view the CCTV of the accident and eventually they sent an officer to view and copy the tape. A statement was made by the officer declaring that I was indicating correctly as shown on the tape. However, I have now learnt that this statement is not in the police file sent to the insurance company because it is 'not part of the accident investigation, but considered as evidence for a possible civil case'. I have been asked for �120 by the police if I want to get my legal represntative to obtain a copy of this police statement!
Are the police being deliberately obstructive to protect their ex-policeman mate or is this correct?
How frustrating that there is proof of my innocence but the insurance company cannot see it because the police will not send it to them!