Viewing 23 posts - 1 through 23 (of 23 total)
  • Hit by a car :( turns out injuries are worse than first expected.
  • Singlespeed_Shep
    Free Member

    So two weeks ago i was cycling to work. A car was coming towards me, he decided over take a parked car on his side of the road, In doing so he hit me, His headlight hit my thigh and wing mirror battered my right hand.

    The bike was a write off, along with some clothes. I went to hospital and was checked over and given a few X-rays and told i was ok, just to expect some bruising over the next few days. To be honest it didn’t feel that bad at the time.

    As I know the car driver, i was happy at the time for him replace the bike, clothes etc.

    But…

    As time has gone I’ve been getting a lot of pain in my hand and shoulder. I received a letter from the A+E department i went to (York) saying a consultant has gone over the X-rays and they can’t exclude fractures.

    I head to A+E to get more x-rays = broken bones in my hand (I’m now sporting a cast) and awaiting an MRI scan on my shoulder tomorrow afternoon.

    So now sorting my next plan of action.

    HAs anyone had similar where injuries have evolved etc??

    NewRetroTom
    Full Member

    Sounds rubbish. Sorry to hear about that. Keep the car driver in the loop with developments. This will mean it’s not a surprise for them later if you need to claim for injuries on their insurance.

    crazy-legs
    Full Member

    Have you gone through insurance? Your own or the drivers. We’re the police ever notified?

    You may find that in accepting a settlement (replacement of bike and clothing as declared at the time) that the driver isn’t obliged to cough up any more on terms of compensation…

    stevied
    Free Member

    Did you report the accident to the police?

    kcr
    Free Member

    I was knocked off the bike by someone driving over a cycle path and initially thought I just had a sore hand, but a few weeks later I discovered it was broken.

    As a BC member, I just went through the system with their solicitors, who took care of the insurance claim against the driver’s insurer. This included injury costs, assessed by their doctor. The other insurer ended up admitting full liability.

    I’d suggest that letting the driver informally pay for damage to bike and clothing means they are probably getting off lightly. I’d want to make sure they declare to their insurer that they’ve been responsible for an accident as well.

    Worth reporting it to the police as well, but don’t count on them doing much about it.

    Singlespeed_Shep
    Free Member

    Have you gone through insurance? Your own or the drivers. We’re the police ever notified?

    You may find that in accepting a settlement (replacement of bike and clothing as declared at the time) that the driver isn’t obliged to cough up any more on terms of compensation…

    NO and NO, Down to it being someone I knew.

    And that is what i was wondering really. Because I went off the information at the time of the incident which was a an all clear from the A+E unit.

    Teetosugars
    Free Member

    Heal well, and hope it all works out Pal..

    Gary_C
    Full Member

    Should the driver not have informed the police? After all, he’s been involved in an injury RTC.

    grenosteve
    Free Member

    Sounds rubbish, hope you heal up well. Had a very near miss last night with a chump in a nakerd old golf, who overtook me into a narrow road with oncoming traffic, scared the shit out of me!

    I’d get in touch with your insurer/legal advice (if you have it?), the driver and the police. Better to contact too many people than not enough…

    matt_outandabout
    Full Member

    I would inform the driver of the developments.

    I would report the accident (As you and driver should have done at the time, being an injury RTC).

    I would inform insurer now as well.

    nedrapier
    Full Member

    Did you agree/sign anything formally at the time saying that it was full and final compensation for all property damage and bodily injury?

    there are long time periods to claim for bodily injury/disease due to the fact that some things take a while to come to light. And the fact that it’s broken might not be that relevant. One man’s broken bone might heal well and quickly and not give much grief afterwards, another’s soft tissue damage might continue to be painful and limiting for decades.

    Some of it depends on how well you know him, I guess. As an aside, I was just wondering how I’d feel if a mate cocked up and broke my hand in something other than a car accident. He’d probably have household liability insurance, but would I go that way? I guess it would depend how much loss of use/ enjoyment, pain, inconvenience.

    nedrapier
    Full Member

    And

    an all clear from the A+E unit

    only means that they’re happy enough that nothing needs to be done that can’t wait.

    I knackered my shoulder, it was all over the place. Once they established that the bone wasn’t broken/likely to cause issues with lungs etc and they were happy enough that I didn’t have a head injury, they sent me home. Still had 3 snapped ligaments and had to have surgery a little while later.

    DezB
    Free Member

    Gary_C –
    Should the driver not have informed the police? After all, he’s been involved in an injury RTC.

    Pretty sure you just have to exchange details, not inform the police. Although, of course, you should.

    Speshpaul
    Full Member

    “You may find that in accepting a settlement (replacement of bike and clothing as declared at the time) that the driver isn’t obliged to cough up any more on terms of compensation…”

    No you won’t. Unless he came up a some kind of full and final settlement contract for you to then he is still liable.

    I’d have a chat with him, if it goes through the insurance you can always pay him re the bike.

    Anyways, heal well and have a merry winter solstice.

    slowster
    Free Member

    Assuming that your injuries are severe enough that you want or need to make a claim for the pain, inconvenience (e.g. not being able to enjoy normal leisure activities, not being able to drive) and/or loss of earnings if applicable, then:

    Tell the car driver that the hospital initially failed to spot the fractures and your injuries are much worse, and that HE should notify his insurers of the accident (assuming he has not already done so).

    This doesn’t commit you to making a claim, but he needs to tell his insurers because they will not be happy about not being informed before, and delaying telling them further may make things worse for him (not you*).

    If you do decide to claim for the injuries, you’ll need to see about getting advice (do you have legal expenses insurance on your household insurance policy, or are you a CTC/Cycling UK member?).

    * Because third party liability cover is the element of motor insurance which is legally compulsory, the insurer cannot decline to pay for your injuries because their policyholder failed to notify them of the accident promptly (they may be unlikely however to pay retrospectively for the damage to his car because of the delay).

    spooky_b329
    Full Member

    If any party is injured the police must be informed. I would report the incident today and ask him to inform his insurance company, you may know the guy but he’s not going to cough up for ongoing medical treatment, loss of earnings etc

    tthew
    Full Member

    edit – 8 minutes too slow distracted by wasting a PPI cold callers time.

    taxi25
    Free Member

    Hope you get better soon Op. Touch wood despite many close shaves I’ve never been knocked off on the road.
    I know this might only be my view, but if the collision involved someone I knew, unless I suffered a financial loss as a result of my injuries I wouldn’t be claiming for them. I’ve hurt myself so often a few more is neither here nor there, to me anyway. But if your going to loose financially then this……..

    If any party is injured the police must be informed. I would report the incident today and ask him to inform his insurance company, you may know the guy but he’s not going to cough up for ongoing medical treatment, loss of earnings etc

    kerley
    Free Member

    unless I suffered a financial loss as a result of my injuries

    But it may turn out to have an impact on use of had (as a worse case)

    I was knocked off 10 years ago and smashed up my finger. Didn’t lose any money whatsoever as was just time off sick for the 3 operations. However, middle finger could not be fully fixed and now only bends 60 degrees so hurts when cycling off road, can’t play guitar anymore etc,. I am glad I went through insurance.

    madhouse
    Full Member

    Seems the issue is that you know the guy and at the time you were both playing it fair, you were ok, he didn’t want the insurance involved so offered to pay for everything.

    That was fine then.

    Now it looks like you’re injured and as such are perfectly entitled to be compensated for that. Problem is you know them and they’re probably not going to be best pleased.

    Personally when I got knocked off my bike it all went through insurance, all was sorted quickly, they paid for a few months of physio till I was fixed and I got a few quid extra for my inconvenience. I’d say for you to do the same, it’ll strain the relationship between you and the other person so I guess it depends how much you like them.

    PS. when I went to report it to the police they asked if I had their insurance details, upon saying yes they sent me on my way. Didn’t even record I’d been there.

    slowster
    Free Member

    it’ll strain the relationship between you and the other person so I guess it depends how much you like them.

    If the other person takes offence about possibly now having to face the consequences of his bad driving in the form of having to pay more next year for his motor insurance, then the relationship was not worth trying to save anyway.

    I’m assuming the OP has suffered significant injuries, which it sounds like he has (and as kerley’s experience shows, sometimes what on the face of it may seem only a minor injury can have significant long term or life long effects). Someone who expects you simply to put up with such injuries caused by them without seeking compensation via their insurance is not an acquaintanceship or friendship worth having.

    mccraque
    Full Member

    I think that you should take the personal side out of this and let the insurance companies do their thing. After all, that is what they are for.

    Regardless of whether you know the guy, he clobbered you in a motor and as a result, you have physical injuries.

    I had the same – at this time last year. Was knocked off at a junction by a lady more interested in the crying toddler in the back of her car than who was passing at the junction. And put me over the bonnet.

    At the time I considered myself lucky not to be dead, and had bruises on my arse and shoulder. I reported it to the police and by chance a passing paramedic stopped and assessed me on the spot. I gingerly cycled home myself.

    I did have the presence of mind to report it to the police. They simply took the details of the witnesses and gave me an incident number. Just made it an official record.

    Later that day, as the adrenaline wore off, I started feeling pretty bruised, so hauled myself off to get medical advice. Docs sent me away saying “Take ibuprofen for a few days”.

    It was recommended by a family member who is a lawyer just to go down the ambulance chaser “no win no fee” route, which with hindsight I wish I had. Some people on here gave advice as to which are the good ones.

    As it happens, I was away for 3 months and couldn’t get a UK assessment for some while. So spoke directly with the drivers insurance company. They were quick to pay me out a few grand for medical – which at the time I thought a reasonable resolution as I was only bruised.

    Fast Forward a few months. Pain getting no better – Turns out I’ve a shoulder impingement, suspected torn labrum and have been recommended an operation after a cortisone and 7 months of osteo haven’t touched the sides. But naively took the initial insurance offer.

    So….definitely get some advice from a legal company!

    aidensmith
    Free Member

    I’ve had quite a few near misses recently with people overtaking parked cars on their side of the road and also cutting corners as I was appraoching.

    A few weeks ago at about 9pm, some guy was driving about 150 yards ahead of me. I had bright lights on my bike. He appeared to turn into a driveway on the other side of the road, but actually turned the car around to face me and left it sat parked at an angle on the other side of the road. I’d have been about 100 yards away and he’d have been sat there parked for at least 10 seconds. I kept on cycling and just as I approached him, he decides to rapidly reverse into me. I don’t think he made contact with me. I had to slam on my brakes and came to a complete stop. Passenger winds down window and screams something at me and driver leaps out of the car and scolds me for driving into him when it was obvious he was doing a three point turn. I explained that it looked as if he was parked and was about to tell him he shouldn’t have been doing such a maneuver when there was another road user approaching, when he threatened to punch me in the face. I cycled off and didn’t let the situation escalate.

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