take a payoff?
July 18, 2009 5:50 PM
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I got hit by a car while I was cycling, and reported it to the police. Now the other party is offering to "settle it personally", leaving insurance companies and police out. Is this legal, and is it advisable?
Here are the details:
I was hit by a car that was cutting across my lane to turn left. I was not badly injured, but had quite a number of big bruises and lots of soreness. My bike was slightly scratched up and the chain got knocked off and tangled in the gears.
At the scene the guy who hit me gave me his first name and phone number. I took out my mobile and snapped some photos of him, and his number plate. We parted ways without anything else, but I told him that I was going to report the accident. The reason I decided to report the accident was because
- it doesn't seem fair that just because I'm on a bike, he gets to drive away without bringing insurance/police into it the way one normally would with a collision with a car
- I feel he should get points on his license or whatever happens to people who cause accidents - it was a really stupid, unsafe maneuver he pulled, and it was only sheer luck that I wasn't really badly injured or worse.
- I thought I might get some small amount of money to get some general repairs on my bike.
Now, after I filed the report (which is simply a collision report), the wife of the man who hit me has phoned to ask if we can "settle it ourselves". I'm not too sure what they have in mind, but I assume it's some amount of money.
I have to admit I'm tempted to go for it, but I'm not sure. First, is this legal? And if I were to take them up, how would I go about canceling a police report - is that even possible?
Finally, how much do they have to gain by avoiding a police report, and by extension how much bargaining power would that give me? I wouldn't be tempted to let him "get away with is" legally for £50, but £500 on the other hand..
posted by anonymous to law & government (33 comments total)
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posted by axiom at 6:01 PM on July 18