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[Closed] Hit by a car when on road bike - what next?

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[#4483042]

I was hit by a car on Thursday. I was riding down the cycle lane and a car turned right through the stationary line of traffic I was passing and hit me.

Thankfully I am ok - I honestly thought I was going to die. Bad concussion symptoms the next day and loads of aches and pains. Bike has carbon bars and forks which will need replacing as well as some other bits.

I'm going to take my bike into a local shop and they have said they can do a quote for the damage.

I have the other parties name and insurance details too.

If I was in a car I know I just ring my insurance and get them to sort it, but what do I do as a cyclist?


 
Posted : 22/10/2012 10:57 am
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You a member of BC or CTC?


 
Posted : 22/10/2012 10:58 am
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No.


 
Posted : 22/10/2012 10:58 am
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Call their insurance directly. They may help, if not, get your solicitor onto it.


 
Posted : 22/10/2012 10:59 am
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I don't have a solicitor. Never needed one before!


 
Posted : 22/10/2012 11:01 am
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See what the insurance company offer you

If you don't like it, instruct your own loss adjuster


 
Posted : 22/10/2012 11:02 am
 will
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This should be quite useful:
http://www.lfgss.com/thread4213.html

Can't help any more though, only been hit off once, not that bad and the chap just drove off before I had time to think/get up.


 
Posted : 22/10/2012 11:03 am
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house insurance might cover you.

i don't want to be *that* person. but it makes a lot of sense to be in the CTC/ BC if you're going to ride on the road/ in traffic etc.


 
Posted : 22/10/2012 11:07 am
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Yeah it's something I've been meaning to do for ages - should've done it!


 
Posted : 22/10/2012 11:09 am
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I had exactly the same accident as you a few years back. one of the cars in the stationary traffic "flashed" a driver to let her turn right into her property, crossing the cycle path. You cant see them coming because of the stationary cars and they cant see you either until impact. Im very wary of this now. I braked so hard I went over the bars but I was so close to the car i ended up pushing myself up onto the roof. No damge to me, the bike or the car so I did not pursue it but at the time I was a member of british cycling so I could have pursued it for free if there was damages. It was a close shave. I dont know who was to blame really. Perhaps the kind soul who flashed her in and left a gap for her to cross through.


 
Posted : 22/10/2012 11:16 am
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Flashing someone across is a breach of the highway code, rule 110 I think. Not sure you could hold them to blame for the accident though as the driver that hit you has a duty to ensure they have a clear path and shouldnt just go blindly because someone flashed them through.


 
Posted : 22/10/2012 11:23 am
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www.cycleline.co.uk

or get a copy of cycling weekly, lots of cycling solicitors advertise their services in there, and make a good recovery.


 
Posted : 22/10/2012 11:25 am
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dear OP - hope you heal fast and the drivers insurance coughs up quickly to sort the repairs.

everyone else, join CTC/BC and dont ride up the inside of traffic, cycle lane or not.


 
Posted : 22/10/2012 11:35 am
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it's a case of cyclist beware.
the 2 incidents I've had while filtering where both when I was passing on the right, each time the driver got bored and just pulled a right with out looking. 1st time I too a hit, the 2nd i was very close to it!!
basically, if you are filtering ALWAYS expect something stupid to happen.


 
Posted : 22/10/2012 11:41 am
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I presume you actually mean http://bikeline.co.uk/ project? Your link just takes you to a dodgy search page. Just contact them - they'll make it just as easy as if your insurance company was dealing with it when you were driving a car (actually easier as they won't mess you around). Actually no advantage to being in the CTC/BC compared to using them.

I'm sure Bikeline will advise you, but you'll want to see somebody medical to get your injuries checked out ASAP - if you've got concussion symptoms it's always a good idea to get proper medical advice anyway. (cue lots of idiots complaining about people claiming for injuries putting their insurance premiums up 🙄 )

* I should mention when commenting on these threads that Bikeline is partly owned by a friend of my sister, but I've certainly got no personal link with them apart from being a satisfied customer.


 
Posted : 22/10/2012 11:45 am
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Easy peasy - ring their insurance - at least to find out of he has contacted them and admitted liability - you may be surprised.

If not contact one of the plethora of claims companies (just make sure it's one of those that you get 100% of the payout from.

Good luck.


 
Posted : 22/10/2012 11:45 am
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House insurance should cover damage to your bike if it's a named item. You should then be able to get your insurance to contact theirs.


 
Posted : 22/10/2012 11:45 am
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Solicitor all the way. Use a cyclist specific one if poss.


 
Posted : 22/10/2012 11:45 am
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If I didn't ride on the left of vehicles in the cycle lane I'd never get home - may as well go in the car!


 
Posted : 22/10/2012 11:46 am
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dont ride up the inside of traffic, cycle lane or not.

What else do you suggest? Riding up the outside where there might not be room and you'd risk coming into conflict with traffic coming the other way? Waiting at the back of the queue of traffic (most of which overtook you recently in their haste to join the queue) rather than using the advantage a bicycle has? I'd certainly use a bike lane to pass a traffic queue - though for all the reasons given above I'd slow down and be very careful when passing turnings which drivers might turn into/out of where they might not be looking properly.


 
Posted : 22/10/2012 11:49 am
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[i]basically, if you are [s]filtering[/s] [b]riding your bike[/b] ALWAYS expect something stupid to happen[/i]

Fixed that for you. 😉

I'd second the CTC recommandation, bit late now like. Do it immediately anyway.

I rarely filter traffic on the left nowadays. I filter down the right if there's room or not at all. Too many near misses. Exceptions being where there's a very wide cycle lane and the traffic is clogged and not moving at all.


 
Posted : 22/10/2012 11:51 am
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Actually no advantage to being in the CTC/BC compared to using them.

Apart from the public liability cover, should any smash get deemed your fault or partially your fault.
You may or may not have this on a household policy and it may or may not bother you.


 
Posted : 22/10/2012 11:51 am
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...whilst in some circumstances it might be easier to contact the driver's insurance directly, in a case like this they'll doubtless dispute liability, so you'll need to use a proper solictor - note that Bikeline I've recommended above (there are other similar companies) are a proper claims company who will get you 100% of your claim, and obviously have lots of experience of cycle claims.


 
Posted : 22/10/2012 11:52 am
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I'd certainly use a bike lane to pass a traffic queue - though for all the reasons given above I'd slow down and be very careful when passing turnings which drivers might turn into/out of where they might not be looking properly.

This. Must say the most dangerous part of my London commute is the section through Tooting with dozens of side roads for people to 'nip' into - not helped that it's usually done at speed to avoid the oncoming traffic.

Might your house insurance be able to help? They'll almost certainly offer you 3rd party insurance, don't know if they'll pursue a claim for damages against a 3rd party though.


 
Posted : 22/10/2012 11:55 am
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Apart from the public liability cover, should any smash get deemed your fault or partially your fault.
You may or may not have this on a household policy and it may or may not bother you.

Well yes, but I don't think that's the reason most people are recommending being a member in these circumstances. There seems to be a mistaken belief that you get some advantage when claiming compared to just going direct to a cycle specific claims company. In any case, as discussed on here previously, every single household insurance policy I've ever come across includes public liability insurance for cycling (that's including the policies held by all those people who think they're not covered but have then gone and checked). So only useful for that if you don't have household insurance.


 
Posted : 22/10/2012 11:56 am
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and dont ride up the inside of traffic, cycle lane or not.

Aint. Never. Gonna. Happen.

Bikes filter. End of story. As a motorcyclist I filter up the outside, and do you know what happens when someone turns into you then? It becomes a 50/50 accident as you are overtaking, in some cases

It's one of those crap situations where no matter what you do, it's weighted in favour of the halfwit that just took you out

-------------------------

On a different slant, I'm the OPs brother and I've spoken at length to him about it, and the guy that knocked him off needs taking down a peg or two from the sound of it.
Personally, I'd have him for every penny I could scape out of him.


 
Posted : 22/10/2012 12:02 pm
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On a different slant, I'm the OPs brother and I've spoken at length to him about it, and the guy that knocked him off needs taking down a peg or two from the sound of it.
Personally, I'd have him for every penny I could scape out of him.

In which case definitely get Bikeline (or similar) on the case, get the injuries assessed and put in a claim for those (if nothing else you'll upset all those on here who don't like people claiming for injuries). DON'T go direct to their insurance company if claiming for injuries.


 
Posted : 22/10/2012 12:19 pm
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robdob, you have my condolences, for the accident and for having PeterPoddy as your brother.


 
Posted : 22/10/2012 12:38 pm
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http://www.rjw.co.uk/#axzz2A1nfbpcj

http://www.leighday.co.uk/home

RJW used by the CTC
Leigh Day used by BC.

either will take on your case. both are very well respected.

what you need to do is make a diary of the injurys (+what its stopping you doing and medication). what hurt when etc.

In 6 weeks+ time you will have to explain it to a doctor and all the days will be jumbled and more than likely you'll be confused, leaving you to loose out on money you are entitled to.

start it now.


 
Posted : 22/10/2012 12:56 pm
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robdob, you have my condolences, for the accident and for having PeterPoddy as your brother.

Yes, sometimes it is difficult to deal with....

I'm going to get a quote for the bike fix (I know what needs doing but a written quote from a qualified shop will probably be needed) then contact the insurance company direct to try and get a payout to get my bike up and running again quickly. At the same time I will be contacting one of the companies in the back of one of the mags for an injury claim.


 
Posted : 22/10/2012 1:08 pm
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contact the insurance company direct to try and get a payout to get my bike up and running again quickly. At the same time I will be contacting one of the companies in the back of one of the mags for an injury claim.

Do the latter before the former. If you get a payout from the insurance company for the bike, the chances are you'll scupper any injuries claim - you want to get proper advice before contacting them. Then again, as I suggested above, the chances of any quick payout for the bike when dealing direct are unlikely in such a case.


 
Posted : 22/10/2012 1:15 pm
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Best of luck op. I was involved in something very similar, riding in a cycle lane inside of very slow traffic & car flashes an oncoming vehicle through. I was lucky, my mate who was a bike length in front wasn't so fortunate and spent a long time in hospital recovering from kidney and liver damage (he tried to turn away from the car and ended up hitting it side on).

The guy tried to claim it wasn't his fault, insisting it was the guy who had done the flashing who was in the wrong. To be fair, that didn't last long (I think it's standard practice to try "something") and his insurers soon paid out.


 
Posted : 22/10/2012 1:18 pm
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Any no-win-no-fee firm will do. I didn't use BC's services after my accident, seemed to be a right faff...

Home you heal up quickly, and get a decent check over on the bike. Worth noting that even if the bike is worth £1000, you would not get that, you'd get a percentage based on factors such as it's age etc.IIRC


 
Posted : 22/10/2012 1:23 pm
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Worth noting that even if the bike is worth £1000, you would not get that, you'd get a percentage based on factors such as it's age etc.IIRC

You have a right to be put back in the position you were before the accident. If the driver's insurance company can source s/h parts of the same standard as those that are broken then good luck to them. Otherwise they have to pay the quote from the bike shop to get it repaired. I've had a couple of claims against other parties, and both times I've got replacement cost of anything with even cosmetic damage (including parts which were still functional...)

Deductions due to age only generally applies either when dealing with your own insurance (in which case you're covered for what they say you're covered for), or for items with a thriving s/h market where obtaining a like for like replacement is straightforward (ie having a car written off).


 
Posted : 22/10/2012 1:36 pm
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I'm going to get a quote for the bike fix (I know what needs doing but a written quote from a qualified shop will probably be needed) then contact the insurance company direct to try and get a payout to get my bike up and running again quickly. At the same time I will be contacting one of the companies in the back of one of the mags for an injury claim.

don't do that.

pay out for the bike & contact a solicitor. if you contact insurance company they will only give you a 'full and final' payment; this means you have signed off on it effectively.


 
Posted : 22/10/2012 1:38 pm
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The link above to the lfgss thread is well worth reading, in fact it should be prescribed reading before you even start bike commuting.

The second thing that everyone needs to do is join British Cycling or CTC. You're supporting cycling, advocacy etc and you've got the insurance.

As for where and when you should/shouldn't filter, the only answer there is experience. I'll filter inside/outside/up the middle (dual lane of traffic) depending on the circumstances.


 
Posted : 22/10/2012 1:45 pm
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If the insurers accept liability a decent solicitor may be able to get you an interim payment for your bike while the final figures are thrashed out.

When I was hit I got a cheque for everything that was on the bike shop's quote (to the penny - no quibbling) and then a second cheque which was for everything else - damaged clothing, injuries, missed races etc.

I also found that the process took nowhere near as long as I expected - the accident was on 1 March and it was all settled in mid July. It helped that liability was clear cut, but the insurers didn't actually try to negotiate us down on what we asked for which surprised me a lot.


 
Posted : 22/10/2012 1:45 pm
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BTW I didn't have BC/CTC membership at the time and it was no issue - solicitor acted on a CFA and I didn't have to pay a penny. I suspect that the solicitors quite like it when you go direct as they don't need to pay a referral fee.


 
Posted : 22/10/2012 1:46 pm
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I can't afford to fix the bike myself unfortunately. And it takes months to get a payout so I'll be without a road bike for a long time - the bike I ride the most.

This sucks. 🙁


 
Posted : 22/10/2012 1:47 pm
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As for where and when you should/shouldn't filter, the only answer there is experience. I'll filter inside/outside/up the middle (dual lane of traffic) depending on the circumstances.

That.

On the inside often very much the worst option. Visibility, if not space (often due to bad road positioning by motorists), usually much better on the outside and also this is where motorists, usually, expect to be overtaken.


 
Posted : 22/10/2012 1:49 pm
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As a motorcyclist I filter up the outside, and do you know what happens when someone turns into you then? It becomes a 50/50 accident as you are overtaking, in some cases

Still 50/50 if you are overtaking but still on "your" side of the road and driver hits you by turning right into you? Would've thought this is entirely fault of turning driver.


 
Posted : 22/10/2012 1:59 pm
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Oh, @robdob. Hope it all works out, whatever happens.


 
Posted : 22/10/2012 2:04 pm
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I can't afford to fix the bike myself unfortunately. And it takes months to get a payout so I'll be without a road bike for a long time - the bike I ride the most.

This sucks.

have you spoken to a solicitor? they might give you a check on signing of the contract or they might advise that credit card interest could also be claimed.


 
Posted : 22/10/2012 2:07 pm
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If it was a bike lane on the inside then surely it is not really filtering as it is a 'lane'.

If the guy is not admitting liability then go to that bikeline link - that will force the issue and stop the guys insurers from dragging things out.

Assuming the other insurers admit liability then they should also be able to arrange a partial payment for your bike repair, so it might mean only a few weeks without the bike.

Talk to bikeline anyway.


 
Posted : 22/10/2012 2:11 pm
 DezB
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Oh ffs stop trying to decide how he could have avoided the bloody accident! He didn't so it happened. You don't know the circumstances so answer original question or GET OUT.
Like I am.


 
Posted : 22/10/2012 2:15 pm
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