100% the drivers fault, whilst over taking he decided to turn left into a garage turning right into me @ 30mph, next thing i know I'm picking myself up off the road…

3 hours in A&E last night, & I'm very lucky, just minor concussion, damaged cartilage, tendons and I've torn a muscle in my back / neck, apparently even tho its really painful today all will be good in a week or so? Bike doesn't look too bad some superficial scratches – BUT i've written off my helmet, Is it wrong of me to ask for the driver to replace it? it's an old Specialized S1 which will cost me £130 to replace for the new model. I feel bad about asking for this much, but at the same time it was his fault and i don't see why i should fork out for his potentially life threatening mistake.

STW opinions please…

Er, you should be claiming for more that the written off helmet….!

Oh, and have a bike shop check your bike to make sure the damage really is only superficial.

You should take your bike to a decent lbs and get it checked as well particularly if you've hit something solid at high speed.
Total everything up and present him with the bill – including clothing etc.

I would get him to sort that and some money for injuries.

[Sarcasm]Although the helmet (according to TJ) would have made things worse. So maybe sue specialized as well for making it. Do you think he'd win TJ?[/Sarcasm]

Where there's blame, there's claim!

Don't Specialised have a "crash replacement" scheme for helmets? Would make you feel less bad if you could bill them less. Personally if you can't get a cheap replacement then I wouldn't think twice about asking for the money – especially as you're not asking for money to cover bike damage.

EDIT; Have a look here (it's even about an S1); http://www.singletrackworld.com/forum/topic/specialized-helmet-replacement-scheme-how-does-it-actually-work

Er, you should be claiming for more that the written off helmet….!

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

You should be claiming a lot more than that – basically anything that you've lost/incurred expense for – be that bike damage/clothing/helmet or any treatment (eg osteo, physio).

On that basis, if your back/neck is hurting I'd be going to get it checked out – why should you suffer because of his negligence?

If you've got any home insurance it'll usually include legal support which you can use to ensure that the insurance pay out fairly.

Def get bike checked and claim for any damages, I'd lodge a police complaint for that too.

Speak with the legal sidebar your home insurance if you're not a member of the FTC or the like.
You should becable to claim for all the damage to your bike etc along with personal injury claim.
I was hit a few years back, drivers fault etc. I claimed for the bike (£3.5k) as it was written off and then in course won perssonal injury!

He should pay, he caused the accident, how bad you feel about that is down to you

You might be able to go through specialized's crash replacement scheme (40% of list price I think), though I'm not sure how many years from new it lasts for, or whether you have the receipt still

How is the bike?

EDIT: dammit, how many posts between zero replies, and me putting up mine (which is now rather redundant)

It would have been a lot more expensive to him if he'd collided with a car or motorbike. And if you hadn't had a helmet on and been injured much more seriously, he would be explaning his actions to a police officer.

According to this old thread spesh do a crash replacement scheme. Sounds reasonable to get a new helmet out of all this, and your driver should take comfort in knowing (s)he is not having to shell out full retail. It would seem that rudeboy got his for £50 notes.

Call your home insurers, report the incident to the police and start a claim, do what you would do if you'd been riding a motorcyle.

Are you trolling ?!
You almost sound like you're feeling guilty about claiming for the broken helmet.
You need to do as ^^^ they say and have the bike checked at LBS.
Last year had similar accident doing 30mph, but the b@stard drove off before I could get his car reg.
Left me bleeding out in the sticks with a broken roadbike. Still have scars from the roadrash.
Apparently could have claimed a couple of thousand for the scarring from 3rd party if I only had the reg!

A collision with an injury caused must by law be reported to the police.

Report and a full claim for damage to you and the bike as well as the helmet and the rest of your kit.

any collision however minor should be reported to the old bill and an incident number should be generated. You never know what could happen otherwise, last thing you want is him turning around an claiming damages against you… (its been known to happen.)

+1 for what TJ says ^^^^^ (from experience)

I had a car drive right though me on a roundabout in May, totalled bike, helmet, waterproofs. Grade two tear in my right shoulder. I would have been happy with replacements, but I was informed last week by the solicitors that I should be expecting a cheque for just short of £3k in the next week or so.

The driver had to attend a two day awareness course at his own expense as a result.
Report it, get intouch with either your motor/home insurance company and their solicitors will be more than happy to help you out.

Nope not trolling, just really quite relieved that I walked away from it TBH and with relatively minor injuries.

But thanks for the advice, The bike is going to the LBS on Saturday, I wasn't going to report it to the police as I didn't want to waste their time? Is it worth it?

Yes! For a start as above, it might stop the driver from trying to claim from you saying it was your fault. Once he finds out how much the damage to his car costs (assuming that you must have caused some in that scenario) he may well be trying to shift the blame…

mysterymove – Member
I wasn't going to report it to the police as I didn't want to waste their time? Is it worth it?

yes.

i know it's terribly un-British to claim compensation that you might actually deserve, but this driver tried to kill you. the least he can do is pay for any damages.

don't come back here in 6 months time, expecting any sympathy when you still can't lift both hands above shoulder height, and we find out you didn't go to the polizei.

but this driver tried to kill you

No he didn't 🙄 He was careless/negligent/whatever as appropriate so deserves to pay for his actions though.

You're also legally obliged to report the incident to the police.

3 hours in A&E last night, & I'm very lucky, just minor concussion, damaged cartilage, tendons and I've torn a muscle in my back / neck, apparently even tho its really painful today all will be good in a week or so?

good luck with that, i hope they're right. Sounds like he may have messed up your knee/s…

A collision with an injury caused must by law be reported to the police.

[/b]

Really? What's the authority for this? Never heard it before.

ignorance of the law is no excuse

but this driver tried to kill you

Bit of a classic STW over reaction there.

Al – basic road traffic law IIRC. I have been told this by experienced traffic cops
A quick google

Report the accident to the police within 24 hours. If you’re injured you’re legally required to do this.

http://www.trafficaccidentadvice.co.uk/your-rights-if-you-are-knocked-off-your-bicycle.html

If anybody involved leaves the scene, there are injuries, or the aftermath poses a risk to road users, phone the police and ambulance services immediately on 999 or 112.

http://www.nfumutual.co.uk/lifestyle/related-articles/motor/car-accident-advice.htm

should the police be called………# If as a driver, you are involved in a road accident and one or more of the following occurs:- A person, other than yourself, is injured.

I think what the OP is trying to say is that it was am OLD helmet but to replace it will cost £130. Try explaining that to a non biker and they think your insane!

If the boy is accepting responsibilty then maybe sort it out with claiming? In the end at least you (apart from minor injuries) are alright and IF the bike ok then just charge hinm for a new helmet. We have all made mistakes in the car, not that I am saying this is acceptable but no point screwing someone over just because "he tried to kill you".

Get him to pay for damages and walk away. Otherwise take the bombers to his motor!

Sorry but you're not screwing him over asking him to get you back to where you were before the crash – eg replace the helmet, sort out the bike, clothing, etc.

You would be if you were claiming an injury that you didn't have in order to try and get a bigger payout.

TJ, I can see the internet is peppered with that advice but I just wonder where the obligation comes from, as it's rare for there to be a legal duty on a member of the public to report a crime (and the accident may not even be a crime).

I accept that there may be a duty under an insurance policy to report an accident, but that wouldn't apply to cyclists.

If anybody involved leaves the scene, there are injuries, or the aftermath poses a risk to road users, phone the police and ambulance services immediately on 999 or 112.

Good luck with that. I called 999 after beign assualted on me bike once, rozzers were not interested unless I was still under threat.

It just might make him a little more careful in future with a claim of a few thousands against him – excess and increased insurance premiums at least – I'd be looking for prosecution as well if I had witnesses.

You should have all your damaged kit replaced including helmet and any damage to the bike made good as well as something for the injuries sustained. Just don't take the piss.

MS – why should the OP be worse off because of the actions of another – and it is not an accident – its a collision caused my poor driving

~car drivers get away with far too much.

Al – I am sure its a legal obligation – you are not reporting a crime you are reporting an injury accident. Not the same thing. #there are a series of circumstances when you have to report a RTC

I'll have a look for the statute if I can find it

as a professional hit-man, i know where-of i speak.

if you want/need to kill someone in this country, get them on a bike, then hit them with a car.

easy, clean, and zero-risk: if you do kill them, just carry on driving, if you don't kill them, they'll only ask nicely if you'd mind terribly maybe replacing their helmet that they accidentally left in the way of your rear-left wheel…

the best tactic is to use 2 cars, in convoy; the lead car knocks 'em off, the chase car sweeps 'em up!

Mystery; your man was either a cheapskate or an amateur – stopping to check you were dead? – a school boy error!

Firstly who gives a rats ass about the bike or helmet. You really need to cover yourself on the physical front and take professional advice.

Great if you don't feel sore in a weeks time but the above could comeback to haunt you bigtime (niggling cartledge problem etc etc). Imagine it impacts on your life/quality of life.

Its nothing to do with 'where theres a blame' bolloxs either

Is it reporting a crime or reporting an accident?

I'm pretty sure this is Law and TJ hasn't just quoted it from other internet forums.

To the OP; the driver has the option of passing your claim on to his insurers. I understand that people make mistakes, but when you're in control of 2 tons of metal, that doesn't wash. Either you can drive your car without hitting other road users, or you shouldn't have a license.

Presumably he won't be paying anyway, that's what his insurance is for. Claim for the full amount – 3hrs in A&E, at least a week's pain – that's worth far more than 130 quid!

Definitley claim from him, report the accident first, then speak to him personally if you traded details. I have had a few minor scrapes and the driver admitted fault and paid up each time, except for a hit and run. Home&bike insurance paid up but did not go after the driver for re-imbersment which I was a little upset about, don't want my premiums going up due to a claim (havent so far tho). Police did nail the registered keeper but driver got away free.

AFAIK collision with no injury needn't be reported to police, but injury definitley.

IME don't bother trying to claim for anything unless you have at least one, totally rock solid witness. The driver will be all concern until he gets a bill…..

Section 170(1) of the Road Traffic Act 1988
I believe – its unclear tho to me but its certainly the advice I was given by a traffic cop. An injury accident must be reported.