Just been taken out coming down a marked, supposed "cycle lane" basically bike logos painted on the road .. but it's purely because of the potholes. Driver swerved suddenly to the left (I was almost past her) clipped me with the front bumper and over I went. Bike seems ok (Tripster, my lovely Tripster!), except bars and lever.
I do this same route every commute and only now because of the untreated potholes ...
Any smartarses who are thinking of typing something along the lines of don't go down the inside even on cycle lanes, just don't bother. Thanks.
So, is this the driver's fault, or the council for leaving the roads in such a dangerous state?
No expert, but driver made the sudden movement which took you out so they’re at fault. They should have checked before making the move that it was safe to do so. They might separately try and pin on the council but that’s between them, not you.
Hope you and the bike are ok.
Do you have legal cover with your car insurance? Are you a member of Cycling UK?
If so, get in touch with them, if it's via your car insurance, in my experience they've been more than willing to organise a claim...
That's tough, hope you're okay & not too shaky. I've only been taken out once in all the time I've been cycling but I'm finding myself increasingly fearful when I ride.
The potholes where I ride are terrible and some incredibly large and deep, I've never hand a driver swerve to avoid one but regularly get stupidly close passes that mean I can't avoid the holes!
So, is this the driver's fault, or the council for leaving the roads in such a dangerous state?
I'd say it was a bit of both but surely the driver should have been aware enough to know you were there. Did they stop and what was their assessment?
In any event report it and is there an issue for your around insurance for damage?
Take care.
Driver's fault, based on the details provided, imo. The driver didn't have to swerve they chose to, they have brakes and suspension, nobody was going to be hurt by going over a pothole, so should have ensured their action was safe.
That's a good point, I see the cycle lane as that a lane of traffic. So the driver is at fault for changing lane without due care and attention.
But i suspect very few drivers think like this.
I'd say their fault, but I'm a die hard commuter!
Get that bike checked over properly. Have the police been informed as its a road traffic accident? Will help with an insurance claim to log it.
Don't go down the insi.... erm 😉
Driver at fault I'd say. Pothole or not, it's the drivers responsibility to avoid obstacles etc without putting other people at risk
Good call about reporting it, will do that.
Driver stopped and apologised. Poor woman was more shaken up than me . Just checked camera for footage, but it got run over and the SD card destroyed
Was the cycle lane separated from the road by a solid white line?
The driver didn't have to swerve they chose to, they have brakes and suspension, nobody was going to be hurt by going over a pothole
This is so true! The holes aren't that deep, the traffic is going all of 5mph - I think people only swerve because they see other people do it.
This is the road
From what you've posted, I'd say it's the driver's fault for changing lanes. Possibly exacerbated because you were filtering (which is entirely legal, no issues there but it does make it less likely that she'll have seen you, especially if she was concentrating on the potholes).
As she stopped and was apologetic, I assume you have her details?
Lots of cycle organisations / legal firms have advice on what to do in case of accident, here's London Cycling Campaign's info:
https://lcc.org.uk/advice/what-to-do-after-a-collision/
As there's damage to the bike, it needs reporting to the police along with all the info you have (time of day, witnesses, driver & vehicle details etc). If you can go back and measure and photograph the pothole too with something like a bike wheel to show depth and size, that'll help in any claim against the council although they're notoriously tricky - councils are often quite good at doing the bare minimum needed to keep themselves off the hook legally although some claims do work.
Hope you're OK, good luck getting it all sorted.
Also, I know it's bolting the stable door after the horse has gone but consider joining British Cycling or Cycling UK for their insurance. It's really good at getting involved in these situations, they know what they're doing.
Driver is at fault, they need to make good on your stuff and their insurance can then chase the council...
Driver is at fault, they need to make good on your stuff and their insurance can then chase the council...
This. Absolutely this. You were JRA and she moved into your lane. No need to mention potholes at all.
It's been covered above but report to police.
It's nothing to do with YOUR car insurance.
You may have legal cover on your home insurance which will allow you to pursue costs from the driver. Or try the cycle specialist companies mentioned above.
If you have cover for damage to your bike under your home insurance then you can claim for the damage under that, and it will recover from the driver. But your injuries and costs still need to be claimed separately from the driver/their insurance.
You don't have to have legal help - you can deal with the driver yourself if you want, or even directly from their insurance company.
Heal well!
I just had to drive in to work.. went that route specifically to see how bad the potholes are (in a normal estate car). Was going about 20mph as the Ka in front of me was practically stopping at each one, and hardly felt them. At the rush hour speeds, people don't even need to swerve, so I definitely blame the driver now!
Seems fairly straight forward, depends somewhat on road markings and layout.
All sourced from the Highway Code. These aren't the full numbered rules, so have a proper read:
Rule 61 Cycle Routes and Other Facilities. Cycle lanes are marked by a white line (which may be broken) along the carriageway (see Rule 140). Use facilities such as cycle lanes and tracks, advanced stop lines and toucan crossings (see Rules 62 and 73) where they make your journey safer and easier. This will depend on your experience and skills and the situation at the time. While such facilities are provided for reasons of safety, cyclists may exercise their judgement and are not obliged to use them.
Rule 140 You MUST NOT drive or park in a cycle lane marked by a solid white line during its times of operation. Do not drive or park in a cycle lane marked by a broken white line unless it is unavoidable. AND
You should give way to any cyclists in a cycle lane, including when they are approaching from behind you – do not cut across them when you are turning or when you are changing lane (see Rule H3). Be prepared to stop and wait for a safe gap in the flow of cyclists before crossing the cycle lane.
https://www.gov.uk/guidance/the-highway-code/rules-for-cyclists-59-to-82
You don't have to have legal help - you can deal with the driver yourself if you want
Indeed. I was knocked off a few years ago on a roundabout (classic SMIDSY, she just didn't stop) and as a member of BC (or it might have been Cycling UK) at the time I rang their helpline and got some useful advice. One key takeaway - the driver is only strictly liable for damages to the amount that the bike etc is worth now, not new-for-old like an insurance claim for theft, for example, might do. So, in your case, she only strictly speaking has to give you enough for some second hand bars and shifters that are in the same nick as yours were before the accident.
However, in my case I too had the details of the driver (who was also really shook up), and the damages were a pringled rear wheel and ripped bar tape on a basic commuter. I priced up a basic wheel and some tape from Halfords and she sent me a cheque. It was about ninety quid all in, she'd got a nice gouge down her wheelarch and her husband still tried to convince me to go 'knock for knock', FFS...
As said, the "cycle lane" just consists of painted bike logos on the side of the road. It is separated by a white line as you get to the roundabout where they all turn left across it. I'm a bit more cautious on that bit.
Google shows the high quality of the markings
As said, the "cycle lane" just consists of painted bike logos on the side of the road. It is separated by a white line as you get to the roundabout where they all turn left across it. I'm a bit more cautious on that bit.
Google shows the high quality of the markings
Gotcha. Those aren't a cycle lane but a reminder to motorists that it's a route used by cyclists.
That doesn't give anyone a reason to drive into you though; they should be able to stop rather than make late, ill-thought decisions.
Get lots of photos, make notes and if possible nip round and get photos of the car before it gets repaired.
Hope it works out well.
See Highway Code rule H3
Rule H3 - Rule for drivers and motorcyclists
You should not cut across cyclists, horse riders or horse drawn vehicles going ahead when you are turning into or out of a junction or changing direction or lane, just as you would not turn across the path of another motor vehicle.
As said, the "cycle lane" just consists of painted bike logos on the side of the road. It is separated by a white line as you get to the roundabout where they all turn left across it. I'm a bit more cautious on that bit.
Google shows the high quality of the markings
No debate there, she has changed lanes without checking it was safe to do so.
Cheers. I agree with the above, totally.
Have reported to police to get an incident number, thanks for that suggestion 👍
Have contacted Upgrade to find out the best place to get the Tripster checked over. As the carbon bars (Thomson - now £265!!) took the brunt of the fall I feel I need to get the fork steerer properly checked. Usually a wheel gets mangled in these situations, but both Kysiriums are fine. Good going as, like most parts on the bike, they're over 10 years old now. Gonna be a faff getting this all sorted 🙁
Ankle needs to hold up so I can ref rugby for what's left of the season. (Oh, don't think I mentioned the ankle - actually thought I'd broken it as I went over, but just twisted, thankfully.)
Good going as, like most parts on the bike, they're over 10 years old now.
As I said before, if it's going the way of insurance, they'll know that they only need to replace/reimburse like-for-like, so just be aware how much those ten year old components (aren't) worth... If it was me, I'd be looking to settle direct with the woman.
If you have insurance cover via your household policy use that. If you are part of a union or similar they will possibly have lawyers as part of your benefits, as you were commuting to work they will happily advise of what you need to do or help pursue a claim. Take photos, as well as get a doctors appointment if you have injuries, these can have delayed onset such as deep bruising which hurts after a few days not always immediately.
Have the police been informed as its a road traffic accident?
You don't need to inform the police unless there's an injured person, but if you're ankle is twisted, well I guess that counts. The driver should make their own report too. Having said that, I'd likely do it just for bike damage just in case there's any kind of counter-claim shenanigans after the driver has had time to be influenced by family or mates.
In my experience, although it was some years ago now, the legal help firms aren't interested in just claiming for bike parts as their fees are related to the size of the claim. I was able to deal direct from my car drivers insurance by writing them a letter, when they found out I'd fully settle for about £800 IIRC, (Genesis DayOne plus clothing and helmet) they snapped my hand off.
Get well soon anyway, and good luck with your bike repairs.
Having said that, I'd likely do it just for bike damage just in case there's any kind of counter-claim shenanigans after the driver has had time to be influenced by family or mates.
This happened to a mate. Initially (at the scene) the driver was fine, accepted responsibility, promised to sort it all out. A day or so later, the driver had obviously "done some research", spoken to mates down the pub or whatever and flatly denied any possibility that he could be to blame so it went through a long and protracted insurance case (which my mate won by virtue of having made the initial report to police and got reliable witnesses).
If nothing else (and let's assume that the driver in this case is wholly honourable and decent), it needs reporting because it build a picture of accident blackspots and can influence road repairs and improvements.
I d reassess personal injury after a few days. I ve had a few offs, my fault entirely, each time bruising has taken a few days to come out. Healing vibes
they'll know that they only need to replace/reimburse like-for-like
Good luck to them finding some 2nd hand Thomson carbon gravel bars for cheap! The damaged GRX lever is only a few months old as STIs were the last things changed on the bike. But I've told her its in the 2-300quid region before getting the bike inspected. She hasn't started with negativity, but hoped my ankle was ok. I feel shit cos she's a nurse at the hospice about half a mile from where it happened. I know from previous experience the bloody emotional rollercoaster this crap causes. The pain>adrenaline>anger>shock>guilt>depression etc. feeling pretty down about it at the moment.
STW has helped 👍
Just checked camera for footage, but it got run over and the SD card destroyed
How bad is "destroyed"?
The back 2-3mm with the little ridge has snapped off. I've tried it in 2 different readers and it doesn't get recognised
I'd likely do it just for bike damage just in case there's any kind of counter-claim shenanigans
Exactly and as soon as you can after the incident. Also make sure you use your phone to take informative pictures and keep them.
Shame about the SD card, hopefully some STWers may know where to send it for data recovery.
Get the insurance valuation done at the mo - turns out, replacing the fork means i'll have to discard a lovely carbon hubbed Ksyrium front wheel 🙁 You can't easily get like-for-like carbon forks for QR wheels anymore. So, 2nd set of wheels I already have will be the only set. Can't bring myself to claim for a front wheel. Glad I kept the GRX flatmount calipers, cos the front one is going to come into use on whatever fork goes on. Man, this is going to take some time to get sorted.
No questions in there. Just venting 🙁
This. Absolutely this. You were JRA and she moved into your lane. No need to mention potholes at all.
It's been covered above but report to police.
It's nothing to do with YOUR car insurance.
You may have legal cover on your home insurance which will allow you to pursue costs from the driver. Or try the cycle specialist companies mentioned above.
If you have cover for damage to your bike under your home insurance then you can claim for the damage under that, and it will recover from the driver. But your injuries and costs still need to be claimed separately from the driver/their insurance.
You don't have to have legal help - you can deal with the driver yourself if you want, or even directly from their insurance company.
Heal well!
+1
As I said before, if it's going the way of insurance, they'll know that they only need to replace/reimburse like-for-like, so just be aware how much those ten year old components (aren't) worth... If it was me, I'd be looking to settle direct with the woman.
In principle I'd agree, but that assumes there's some sort of market value for bike parts, which there isn't really.
If your car was in a crash that damaged the door. You'd expect the body shop to supply and fit a new door (as long as the value didn't write the whole car off). Not tell you "well it's a 10 year old car, a new door is £800, so we'll give you 25% of that and you'll have to just set up a saved search on ebay until one comes up in the right color at some point and hope it's this price we're guessing at.
Other than the potential wasted time, I'd get the bike looked at by a shop, they'll price up fixing it properly, which will probably look quite expensive with labor included. Then the insurance co might come back and start arguing it's a £?k bike, we'll offer ??% of that as it's old and you can have an argument. You might get lucky and they settle quickly to avoid it dragging out into a personal injury claim (assuming you're not too badly injured and don't actually want to claim for physio, commuting costs etc that you'd be entitled to if you actually can't ride for a while).
The back 2-3mm with the little ridge has snapped off. I've tried it in 2 different readers and it doesn't get recognised
On this point, try it in one of those micro-SD to SD adapters. As long as the circuit board isn't cracked, and it makes contact with the pins in the adapter you should then be able to read it in a full sized SD card reader.
Card's definitely dead, tried 3 different cars readers, 2 different computers.
As previous post, bike shop now done the valuation... £970, and tbh she's lucky it's that low - I could (should?)(but I'm a softy, cos she was so nice) add camera, front wheel, jacket, saddle, physio and yes, commuting costs. And the bloody hassle! Drove 40 mile round trip to a lbs, turned out it had gone out of business a few days before.
You should definitely claim for everything that was broken of damaged and any costs you can back up with reciepts. Insurance is there to put you back in the position you were before the incident. You don't mention a helmet, any bash on that and it should be replaced too.
TBH, I'd not mess about with parts for an old bike. In the grand scheme of things your claim is peanuts just get a quote for a replacement.
The Tripster frame is fine. It's not an "old bike" - it's my Tripster. Bought with money left by my dad dying. Stupid to put sentimental value on it I know... But can't be helped. Just wanna get riding it again.
It's not an "old bike" - it's my Tripster. Bought with money left by my dad dying.
Ah OK. Put like that makes a difference, and not stupid at all. That'll be me now I understand the context, hope you get it fixed up nicely.
I could (should?)(but I'm a softy, cos she was so nice) add camera, front wheel, jacket, saddle, physio and yes, commuting costs. And the bloody hassle! Drove 40 mile round trip to a lbs, turned out it had gone out of business a few days before.
It's her insurance, not her.
Claim for it now, then they can/will argue it down later.
I'd quantify the commuting costs as a daily amount, it might encourage the insurance company to settle quicker if they know the number is increasing.
Claim for it, drivers soon change their tune. Been there too often. Never even got an apology from the driver that snapped my spine and changed my life !
There is a law now that drivers need to look out for cyclists undertaking on the left, or are on the left of a car, so what ever the circumstances you are fine. They shouldn't change lanes without looking.
Die hard commuter here also, and carrying the injuries. Claim for a set of wheels. Just because you can't get a new front, and need a pair then claim for the pair.
It’s all good advice! I’ll message her in a minute, need to speed up the process, so the mounting commuting costs is a good idea.
Does anyone know for sure if I should inform my insurance company? I’ve got multicover with Admiral (so car, contents, house) and though I don’t want to make a claim, could this be one of those situations where when you apply for a new policy, they’ll see records that I claimed against someone else and if you don’t declare it, the scumbags blacklist you and all that palaver?!
ps. I tried asking them on the online chat, but they didn’t have a clue! Even said my bikes weren’t insured with them, when I could see they were with 2 clicks…
I'd report it for the undeclared incident loophole you identified.
My car was written off last year after a collision, the other party admitted fault and I claimed against their insurance (their insurer directly contacted me), but I still told my own insurer. I expected my policy renewal to increase this year but it actually went down slightly.
I'd not report it to them. As it wasn't your house or car that was damaged, I don't know why they would care. I'm not an underwriter or anything though.
Kind of how my internal monologue is going 😆
Its not like car insurance, where you do have to inform them, I know that much.
Just had a phone call from the driver's insurance. Seems all will go through ok. I asked about informing my insurance, he said I don't need to.