commute accident, advice needed please

Bike Forum

[closed]

commute accident, advice needed please

30 posts & 19 voices | Started 2 years ago by monkeyfiend | Latest reply from Jackass123456789

Tags:

No tags yet.

monkeyfiend - Member

First time in almost 10 years of commuting to work on a bicycle and this morning I got knocked off.
Details:aproaching r'about (little bird turd one), gave way to car on right, car coming up road on left is far enough away to be safe to cross (I'm going straight over) almost get around the r'about and the car hasnt seen me and drives straight into my rear wheel sending me onto the pavement.
It a national cycle route and the othe side of the r'about was a cycle lane, I wear hi-vis clothing, helmet etc.. as I take commuting seriously. Police happen to drive past as I'm on the floor (so didnt witness) and manage situation. I accept the choice of an ambulance because of previous injuries, I get away with various aches and grazes.
After all the farting around, I dont get to talk to the driver or the witness that was stood 6 feet away and saw it all.
After talking to the police (statements etc...) I am no longer feeling like the victim and not even sure if I will end up footing the bill for the repairs.
Didnt see the state of her car but it sounded like she foud a scratch on it, my rear wheel and brake disc are knackered and I am a bit weary of the frame. (on-one ss scandal 29er in commuting guise)
The paramedic said he heard her say she didnt see me and thought it could be to do with the low sun in her eyes.
I have all of her details and she has mine (exchanged through police oficers)and I am not cross but the police couldnt advice me on what to do next, I have no cycle insurance and the bike is only covered for theft on home contents.
Someone has suggested contacting CTC for advice (and to become a member), I feel like ringing the lady up for a chat (again I'm not cross but dont know if she admitted fault or anything)
Any one else been through something similar and have any hindsighted advice?
I get a day off work atleast, so I'll try and use it to sort this mess out.

Phill

Posted 2 years ago #
Albanach - Member

Got knocked off last Novemeber. Similar story but did not get the details of the lady who hit me and also felt like you are regarding police seemingly caring more about her then than me considering they called her later on to check of she was OK and didn't bother to contact me despite having concussion, dislocated shoulder, sore back etc plus bike was a write off.

I would either do as you state above and get in touch with CTC who will probably pass you on to a proper law firm dealing with claims such as this. Or call your own lawyer and see if he/she can follow up a claim. Make sure you catalogue all equipment damaged plus cost of replacement and get a bike shop to check over the bike. If you've got them keep the names of the police officers who were at the scene and also book an appointment with your GP for some time in the next 7-10 days as injuries can take a few days for them to manifest themselves 9stiffness etc).

I would not bother contacting the driver unless your sure she might want a quick resolution to the potential costs etc. I did not have cycle insurance at the time and did not hear anymore about potential damage to her vehicle. Sounds as though it is completely her fault.

Hope you feel better!

Posted 2 years ago #
scaredypants - Member

She SHOULD be liable - you were on the roundabout, hence had priority over her "waiting" to join from your left

unless she suggests you reversed into her or something ?

*Caution* I am not a copper, high court judge, insurance ombudsman or former driving instructor

Posted 2 years ago #
thisisnotaspoon - Member

You'd be unlucky to be found at fault, the general rule of thumb is that even if she did see you, she should have been going slow enough to stop. Similarly if you'd gone into the side of her you'd be at fault for going too fast to stop. The fact she hit your rear wheel shows that if he had seen you she should have had plenty of time to react.

Ask the police what they intend to do about it? Might give you a hint as to what she said in her statement.

Posted 2 years ago #
Karinofnine - Member

Sorry to hear about your accident. I hope you make a quick and complete recovery.

I was knocked off my bike by a man who flung his car door open without looking. I broke my collar bone and some ribs and damaged my bike and clothing. I had to have six weeks off work, for which I only received SSP as I was a temp at the time.

The solicitors I was working for at the time deal with PI cases and they pursued the guy's insurance company and got compensation for me. They are Colman Coyle LLP, Wells House 80 Upper Street London N1 0NU 020 7354 3000.

Keep all receipts for EVERYTHING (including painkillers, parking at hospital, petrol/bus/taxi fares etc) details of EVERYTHING, all medical and ancillary visits, reports. Get documented details of damage to your bike (receipts/estimates from bike shop). If you lose money due to days off work, get evidence of that.

Now then, the hard-nosed bit. The solicitors will take your case on a no-win-no-fee basis. First, they need to know that you have a reasonable case and second, and most important, there has to be enough damage (to bike and self) to make it worth their while (because they will deduct the majority of their fee from your damages).

K

Posted 2 years ago #
monkeyfiend - Member

Thanks for replies so far, I have a number for 'Russell Jones & Walker's' who specialise in this sort of thing (courtesy of CTC). As for compensation, the repair could cost around £500 max I think and other than lots of sore bits, I'm ok at the mo. So in my eyes it seems too petty to involve solicitors but IF I spoke to the driver and told her this I bet she wouldnt believe a bike repair to cost this much.
I suppose theres no harm in contacting the professionals.

Posted 2 years ago #
crazy-legs - Member

CTC will be able to advise but not help directly since you weren't a member at the time of the accident.
Police might be able to advise on where to go from here as well?
From personal experience I'd write a letter or email to the driver (not a phone call unless you have the facility to record it) detailing your injuries, damage to bike etc and offer her the chance to settle it without getting solicitors/insurance/police involved.
If she baulks at that then it's probably time to call in the ~~vultures~~ no-win-no-fee solicitors.

Posted 2 years ago #
docrobster - Member

also book an appointment with your GP for some time in the next 7-10 days as injuries can take a few days for them to manifest themselves 9stiffness etc).

As a GP can I just say this annoys this piss out of me. The NHS isn't there to do medicolegal assessments for free. You've been to a and e and had your injuries asessed/treated. Fair enough if you actually have ongoing symptoms but what exactly do you think a GP will do in this situation- a full body scan for injuries that were missed and aren't causing any symptoms? Waste of his time and yours. If you have a bruise take a photo of it.
If a solicitor gets involved they will get the hosp records and probably pay a specialist an exhorbitant fee to make some pronouncement about the injuries. Don't waste your GPs time. It is too valuable.
Rant over

Posted 2 years ago #
Albanach - Member

docrobster - fair enough. In my case did require appointment due to ongoing symptoms and company policy for a doctor's line for long periods of sick leave.

Posted 2 years ago #
crazy-legs - Member

And while you've got the day off, get on the phone to British Cycling and buy yourself a membership - £36/year gives you £10million liability/support along with extra discounts at Wiggle, cheap travel insurance etc etc.
Or £64/year if you want the Personal Injuries/Accident Insurance on top of all that.

http://new.britishcycling.org.uk/membership/article/mem--Membership---the-full-details-0

Posted 2 years ago #
ScottChegg - Member

If you have car insurance with Legal Protection cover with it, use it. The cover is not always just limited to car accidents.

I used mine for a door opening incident like Karinofnine above. I got a real solicitor who worked for a fee that was covered, not a slice of the award like most ambulance chasers.

Posted 2 years ago #
docrobster - Member

Albanach- that's fine, perfectly valid reasons for an appointment.

Posted 2 years ago #
antigee - Member

take some pictures of your bike damage and what you where wearing to help support yr case
not a cycling accident but one with mrs antigee at a roundabout and when the drivers husband got involved who wasn't involved the story changed - the pictures very easily persuaded my insurer that the other drivers story was lies

and ask the police if they took the witness name - they probably just did it (hopefully)

edit and hope all goes well

Posted 2 years ago #
monkeyfiend - Member

cheers, I'll get the wife to take pictures of my knocks and scrapes tonight and I'll get some of the damaged bits and my gear.
The police did say that they got the witness' details and a statement before he had to go so I assume I can get his details from them if I needed to?

Posted 2 years ago #
Bregante - Member

did you get paramedics details? he heard her say she didn't see you. could be important if she later says something different. motorist went into my wifes car 2 yrs ago and made a comment to the paramedic that she thought her brakes were faulty and had been playing up for a few weeks?!

passed that on to the dibble, who had the car examined and hey preston - due care and attention!|

Posted 2 years ago #
dave360 - Member

Get Mrs Woman's address. Send her a letter itemising all of your costs and give her the opportunity to settle up nicely. This has worked for me. Only if she gives you the bum's rush involve the ambulance chasers.

Posted 2 years ago #
turboferret - Member

While this isn't necessarily the official and best route to take, certainly not if you were planning on making any claims for personal injury, but I'd get in touch with the driver requesting her insurance details stating that you are intending making a claim.

Get a written quote from your bike shop for replacement of all of the damaged parts of your bike, and your clothing and helmet.

Send claim to insurance company, a few chase letters/phone calls, and it should be sorted out.

Happened a few times to me, fortunately not for quite a few years now, and always got what I claimed for.

Cheers, Rich

Posted 2 years ago #
ddmonkey - Member

Get her insurance details and make a claim. I got knocked off by a van while riding in london, fortunately a witness got his plate cos he drove off. Reported it to the police and they got his details for me, claimed for new bike and costs of using public transport while waiting for bike to be replaced, got the lot.

Posted 2 years ago #
monkeyfiend - Member

I have all of her details, including insurance company.
So I can directly get in touch with them and claim myself? I dont have to get an insurance company or solicitor to claim for me?

Posted 2 years ago #
ddmonkey - Member

I don't think so - you have a police ref number and her insurance details so you can phone them up and ask for a claim form. It might be polite to contact her directly first to see if she wants to settle privately or get a claim form for you from her insurers. No need to involve any one else unless she contests it I would think. A witness to the fact that she was at fault would be needed I think.

Posted 2 years ago #
mugsys_m8 - Member

You can in theory make a privat claim yourself against an insurance company. But there is a very high chance that they will take you seriously, and will determine that you are not due anyhting, or a fraction of what you are due etc. They think they can et away with that. However, a solicitor will make them act in a fully professional manner, and carry things out how they should be.#

That is my experience. Twice.

Posted 2 years ago #
monkeyfiend - Member

Spoke to driver last night after going through receipts so I had a clear idea of costs, she was extremely apologetic and helpfull. She has admitted fault and has been in touch with her insurance co. and gave me the ref no. for me to claim against, as she didnt mention anything about paying herself neither did I. I rang her insurance co. and they said to get 2 quotes for repairs from individual shops and then they will send me the money to sort it out.
I am going to clean down the bike today and inspect the frame, I havent seen any damage on it because the car hit the wheel and brake disc, but my concern is that if the brake disc bent and its so close to the rear stays, is there a possibility that the frame could be damaged that I wont see? I dont know if I'll have the same confidence in it knowing its taken such a sideways blow. For commuting I'm sure it'll be fine but I bought the frame so that I can swap tyres and give it some abuse of road.
Any thoughts? Theyre ony £199 now but thats a bit steep to be paying myself as I only got it in march.

Posted 2 years ago #
crazy-legs - Member

Drop it into a bike shop and get them to do a full accident check on it.
There's a pro-forma report to fill in, it's pretty detailed and the costs of the check (often around £100 since it's effectively a full strip and rebuild) are also claimed back from the insurance.
Be prepared for it to take a couple of weeks if you need two separate reports on it.

Posted 2 years ago #
monkeyfiend - Member

Cheers, its going to be a long fix then.

Posted 2 years ago #
kevonakona - Member

Have you taken the back wheel off? I only noticed frame damage(off-road crash, i managed to hit Wales) when i couldn't get the back wheel back on, then on inspection the rear stays were way bent.

Posted 2 years ago #
monkeyp - Member

Good luck - 19 months and counting and I am still to get any recompence for a similar incident which happened to me. I had a witness and the driver accepted responsibility, ambulance was called, I reported it to the police, took photos and documented all calls. It may seem like an open-shut case, but be warned that the insurers may string you along for a very long time.

Check your household insurance as you may be covered under 'Family Legal Protection'. That is the route I have ended up taking. The solicitors have advised that I claim for the whole bike due to the nature of the impact having possibly damaged the frame (front wheel, disk, disk caliper, fork all visibly damaged - fork was bend sideways by about 1 inch). They are also claiming for 3 months of petrol costs as I was unable to ride/had no bike. My commute is a 50 mile round trip so this was significant. I have so far replaced the bike at my own cost.

My problem is that the car was owned and insured as a company vehicle (Comet On Call). Their insurers seem to think that this will go away if they make absolutely no contact with my solicitor. However, I would have thought my solicitors fees are going to be significantly higher than my claim now that they have dragged their heels so much. They are not going to drop it now and may now be looking at settling in court.

Posted 2 years ago #
SiB - Member

lucky you having a sunny morning yesterday, it was lashing it down here.

Hope all works out in your favour, once in 10years aint bad......but still not good enough

Posted 2 years ago #
monkeyfiend - Member

Ive hade a good look at the bike frame (always good to inspect as you clean eh?) and there isnt a scratch on it. The drop outs are all straight and the huge tyre clearance meant the wheel had plenty of room to bend. Refiitted the bent wheel to make sure that the axle fitted back in with no probs and everything looks ok (to my untrained eye anyway). So as long as the accident inspections curtesy of the bike shops give it the thumbs up it'll just need a new wheel and rotor. I wonder if on-one sell their rear wheels seperately?

Posted 2 years ago #
willsimmons - Member

I think you might find that if you describe the accident to a bike shop they will recommend a new frame. That certainly used to be the case where I have worked. Bike frames aren't designed with getting hit by a car in mind. There may be nothing up with it but there could be damage that can't be seen by the naked eye and a bike shop is unlikely to want to take the responsibility of saying the frame is fine and leave themselves susceptible to recourse from insurers if the frame does break and cause you an accident/injury in the future.

After all why should you and the bike shop(s) put yourselves at risk due to someone elses mistake? The problem with this approach is that this is what causes our insurance premiums to rise but you can bet your life the insurers would be the first people looking to blame the bike shop if a future problem occured. Unfortunately that is just the way it is.

Posted 2 years ago #
Jackass123456789 - Member

Also although our bikes are expensive, if it was another car she hit, by the time the body shop has done repairs, resprayed etc. it would cost alot more than a new frame, rear wheel and disc brake!!
Don't be kind in thinking it's OK, it's be alright because if in 6 months it develops a crack, the insurance company won't be kind in replacing the frame then!

Posted 2 years ago #

RSS feed for this topic

Topic Closed

This topic has been closed to new replies.

Singletrack Mountain Bike Magazine

Bike Forum

commute accident, advice needed please

Topic Closed

Don't miss…

Singletrack

Website & Forums

Exits