- This topic has 80 replies, 48 voices, and was last updated 9 years ago by bigyinn.
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Knocked off, a&e, what next?
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MogFree Member
Last night my wife had a trip to a&e in an ambulance thanks to a driver turning right, onto another road, across her path without seeing her. It was a junction at the bottom of a hill so she hit the passenger door at about 25mph. The driver tried to leave the scene but thankfully an off duty inspector was walking with his wife on the other side of the road. He told the driver it’d be a good idea to wait with him while the police came.
Couple of other bystanders were great too.
Police came and took details, we set off for the hospital.
Thankfully no broken bones, but severe bruising, torn muscles and cuts & scrapes. Doctor made sure we knew how lucky she was. Nice strong painkillers for a few days.
The bike is a write off. Front wheel is bent in 2, forks almost touch the downtube, shifters in pieces etc…
I have the drivers details and will be calling him this morning to arrange to replace everything.
I’m ready for the offer of no insurance involvement and a cash sum, but suspect he’ll have no idea of the cost (around £2k) so need to be prepared for what happens after that.
For those unfortunate enough to have been in Mrs Mogs situation what do I need to do, who do I need to tell etc…?
Any advice is much appreciated.bruneepFull Memberwhat do I need to do
Give mrs mogs lots of TLC and be greatful she is still alive. She’s gonna smart for many a day.
neilwheelFree MemberPursue driving without due care at the least.
Be polite and factual to the driver when you talk to them, unfortunately it’s not your job to prosecute them or tell them what an idiot they are.
Don’t settle for less that what is appropriate.I hope Mrs Mogs recovers quickly.
neilsonwheelsFree MemberInsurance, forget direct contact just go through their insurance.
plus-oneFull MemberSounds awful I hope mrs mogs recovers quick and gets back on the bike ….
I wouldn’t be happy with a non insurance option I’d push(no matter how long) it took to claim via his insurance and for prosecution(I know not much more than a slap of the wrist probably) but you could have lost your dearest 🙁
MogFree MemberWise words, got that taken care of already. Dr reckons she may still feel it for up to a month. Certainly can’t believe nothings broken judging by how uncomfortable she feels this morning.
I hope my post didn’t come across as just wanting money from the guy. In the grand scheme of things I couldn’t care less, my missus and the kids mum is still here, could’ve been a different day altogether today which doesn’t bear thinking about.
At the same time ….. I don’t want to be out of pocket and she doesn’t want to be without a bike. Can’t write that without seeming a bit mercenary about it all.
Hopefully you know what I mean.notmyrealnameFree MemberIf she’s had quite a bump and is suffering mumps ulnar aches and pains, I’d be going for insurance involvement. That way if there’s any further problem which may require Physio or other treatment the insurance will have to cough up for it rather than you.
theotherjonvFull MemberDon’t go for a non insurance settlement at this stage. I’m not sure even that they have the option to given injuries were incurred and hence by law the police had to attend, they have to notify their insurance of the incident even if they don’t claim on it. And the police may yet be looking at a charge, given the description and the apparent intent to leave the scene until the off duty guy got involved.
From your side, glad she’s not badly hurt or worse, but unfortunately until the immediate effects wear off, you won’t know what the underneath result is – not wanting to sound pessimistic but if for example she needs sessions of physio or the like, if you’ve settled for the cost of repairing the bike who’s going to pay for that? The NHS are great but can only afford to get you back functional, you want to be back to as good as possible.
Get their insurance details, make them aware of the likely costs, but also make sure that they know that until a few days pass and you know the extent of damage to the wife and long term potential that you cannot consider discussing a non insurance settlement.
And also speak to your insurance, you might have cover under your own house or car insurance (assuming you aren’t in BC or CTC), or failing that speak to a specialist cycling insurer / lawyer.
robj20Free MemberDefinitely go through insurance. Make it as easy for yourself as possible.
RoterSternFree MemberFirst go to where you bought the bike and get a written quote on how much it will cost to replace it (that is if you don’t have the original receipt). For the amount of money you are talking about I think going through the other driver’s insurance is going to be the only option. Does your wife work? Surely there is loss of potential earnings to claim for,too.
fozzyukFull MemberInsurance every time.
Takes the pain out of it for you and should any longer term injuries emerge (clearly hopefully not) but if she needs physio etc she should be compensated for the costs etc
torsoinalakeFree MemberThere is a lengthy thread with advice on lfgss.com. It may be of some help.
http://www.lfgss.com/conversations/131099/
Get well soon Mrs Mog
brFree MemberDefinitely go through insurance. Make it as easy for yourself as possible.
And most important, talk with her about how she could have avoided the accident; ie it may be a 25mph hill, but is it safe for HER to do 25mph down it?
This is the key to staying safe in the future.
No point been dead, right?
teethgrinderFull MemberAvoid accidents by not being there in the first place and not actually moving fast when you do? Bollocks.
Driver’s fault full stop. Only hope the driver tries it with a huge truck next time.
Pawsy_BearFree MemberHopefully your in CTC or Brit cycling – pass it to their lawyers its free service and there very good
leftyboyFree MemberThis
Insurance, forget direct contact just go through their insurance.
29erKeithFree MemberInsurance and Lawyers as everybody else has said (Ignore b r, not her fault!). If you’re not with CTC/BC then I understand their lawyers will look at and take on cases too if you approach them, best to go with a cycling sympathetic one imo.
Also photo’s and quotes of the bike and photo’s of bruising etc as it develops and keep a daily log of her pain and progress, trips to Dr’s, get what help she needs physio etc, work implications. Just record everything.
Please do push the police for a prosecution, It could have been much worse! If it’s the drivers first such incident they’ll get a slap on the wrist points and a fine and hopefully mean they’ll take more care. If it’s not then the extra points might just result in a dangerous driver off the road for a while…
good luck, hope she heals 100% and quickly.
Jake25Full MemberAnd most important, talk with her about how she could have avoided the accident; ie it may be a 25mph hill, but is it safe for HER to do 25mph down it?
Less of the victim blaming please. Mrs Mog was doing nothing wrong.
Defiantly go through the insurance though. As above it will cover you if there is further Physio or anything else down the line. Plus, and I don’t mean to sound mercenary but, you also need compensated for time off, loss of earnings, inconvenience, extra costs (like commuting by car/bus/train) and anything else. The insurance company will be better to deal with for all that.
jonbaFree MemberDo I need to say just go direct to insurance company? Also talk to the police and try and get some sort of charge brought aganst the driver (if you want).
Police can probably help you with the processes for both insurance and prosecution.
Insurance companies from my experience were generally very helpful.
If you are a member of BC/CTC or if you check you home insurance you may be entitledd to legal advice through them.
SpeshpaulFull Member“I’m ready for the offer of no insurance involvement and a cash sum”
as others have said don’t.Mrs Mog will need to keep an eye on aches and pain, cracks in bones can be compressed by swelling (as its supposed to) etc etc.
But i hope she is 100% a ok, and back on the bike asap.
I think a few people have over reacted to Br comment above, fault was not mentioned, just avoidence. Every day when we drive ride or just walk we take avoiding action for other people. planning ahead and spotting risk is something we do/should do more of.
I’m sure Mr Mog will be running through the series of events anyway 🙁
Letting her talk it out is probably on the agenda.I’d start piling up the new bike books, the 2015 hits the shops any time now 😀
brFree MemberLess of the victim blaming please. Mrs Mog was doing nothing wrong.
If you actually read my post you will find that at no point was I blaming her; just making the point that irrelevent of right/wrong it was Mrs Mog who had to visit A&E.
Self-preservation is ultimately about looking after yourself; +30 years on 2 wheels including many years of commuting in/around London on a motorcycle taught me that only I could ensure that I didn’t end up on the ‘slab’.
And please; have you actually read what you posted: 🙄
Avoid accidents by not being there in the first place and not actually moving fast when you do? Bollocks.
Driver’s fault full stop. Only hope the driver tries it with a huge truck next time.
mudsharkFree MemberHmmm, this sort of incident could occur wherever there’s a junction and a careless driver. 25mph ain’t silly fast though the OP might be able to comment more on the location and if it’s more dangerous than others.
Pawsy_BearFree Memberaccidents due happen for all sorts of reasons its best not to jump to conclusions. Like all have said the let insurance handle it thats what they do
wreckerFree MemberLawyer up!
Best wishes to Mrs Mog. My mum had a really bad accident which left her quite severely scarred (she got “degloved”…..I hate that word)
The legals took quite a while but she did get compensated. She’d sooner have a normal arm though.
Driver needs to pay for his lack of attention.horaFree MemberDue to the driver trying to leave the scene I’d AVOID making a personal phone call. I would contact a Solicitor asap to recover costs. In addition tearing etc etc- how do you know there wont be any issues/time off work etc from this?
You accept a ‘cash settlement’ – that’ll hamstring you later.
Going back to my first line- obvious injury/pain, obvious damage and the driver wanted to leg it. What does that say about the driver that your dealing with? He wont do the honourable or right thing/play cricket if he didn’t do this at the scene.
BTW I stupidly dealt direct with the other parties insurer which included ‘no further payment etc etc’. I had issues with my neck for a few years afterwards which weren’t immediate/at the time.
Solicitor that specialises in RTC/cyclists – CTC should be able to recommend? You’ve got a GOOD witness too.
surroundedbyhillsFree MemberGlad she’s ok. My GF had precisely the same accident back in May. She still has aches in her right shoulder now. Insurance options are the best way to go, it will take longer (months) but it is the right way to go. Check out the ctc website for lawyers etc.
bailsFull MemberI’ll chip in as the 57th person to say go through insurance.
Get witness details. Photograph everything. Bike, damaged clothes/helmet, injuries.
Get the bike inspected by a bike shop to prove it’s a write off.
BTW, if you claim off the insurance then the NHS can reclaim the cost of Mrs Mog’s treatment from the driver/insurer.
I would push for PI compensation on top of the obvious claim for replacing the damaged bike/clothes/helmet, don’t feel like a vulture or a scammer for doing it. A nice holiday could be just what you, she, and the kid(s) need after this. (Speaking from experience when I say, with the injuries you’ve mentioned it will definitely be worth it. Not being run over is still preferable btw, but it’s already happened) Anyone saying “wahh, this is why car insurance is so expensive” is looking in the wrong place. S**t drivers are the reason it’s so expensive.
Glad she’s relatively okay.
Edit: I’ve been hit twice. The last one (2 years ago) still gives me an achey right knee which is a bit of a bummer as I’m not even 30. The driver’s insurance paid for medical checks and physio, and then compensation. If you don’t go through the insurance then you might get the bike replaced but you won’t get private physio, and you won’t have any comeback if she has any long term effects from this.
Also, push with the police for careless/dangerous driving. And then wee in his shoes etc.
Check your home insurance for legal cover.
horaFree Member“wahh, this is why car insurance is so expensive” is looking in the wrong place. S**t drivers are the reason it’s so expensive.
Shit/bad drivers who cause accidents should (and do) get higher premiums.
Fraudsters put up premiums not victims.
enfhtFree MemberThe driver tried to leave the scene of the accident so hang him out to dry.
bigyinnFree MemberI got taken out in the past by someone who didnt have right of way. They seriously underestimated my speed (around 25mph) and drove into the front of the bike. Yes I suppose I could have avoided it by riding like a granny, but at what point do you draw the line?
Anyway, @ the OP. I would get onto your home insurance people. They often have legal cover included and this is what I used when I got knocked off. I was also given a medical assessment which may help if there are longer term injuries etc.
DONT deal direct with the driver. Your insurance people will likely get a better deal for you.
Id also get the bike down to a decent LBS and get it fully assessed and priced up.
Also consider any out of pocket expenses caused by the accident, damaged clothing, shoes, helmets etc etc.willardFull MemberPeople have gone over the more official stuff to death already, so I’ll just add a “Rest up and get well soon” to Mrs. Mog.
Malvern RiderFree MemberThe driver tried to leave the scene of the accident so hang him out to dry.
Yep. Same thing happened to me a few weeks back (cutting on front of me – but I was luckily in a car and managed to brake inches away)
Driving off from any accident is a no-no in the extreme, let alone when actually injuring someone.
Hope she makes a quick and full recovery
marmadukeFree MemberGlad she’s ok. You’d be doing other cyclists a huge disservice if you don’t push for prosecution.
theotherjonvFull MemberYes I suppose I could have avoided it by riding like a granny, but at what point do you draw the line?
*For me* the line isn’t one defined by speed, or even rights or wrongs, it’s about assessing the risk and whether by riding more conservatively / defensively at times, or avoiding particular junctions, I can mitigate the risk better.
But that’s the issue, it’s down to each of us to decide that for ourselves. In all probability you can ride your whole life ‘not like a granny’ and never have an problem, but *IF* you do it might be a severe / life limiting problem.
YMMV
GrahamSFull MemberRegarding b r’s point: we all need to learn from mistakes, and that includes the mistakes that other people make which might hurt us!
From the description the driver was 100% at fault, but it is still good to analyse it and think about how you can avoid getting hurt when someone else does something stupid like that in the future.
This video has being doing the rounds recently including a thread on here and it sounds a fairly similar situation to what the OP describes:
(Warning: swearing)
[video]https://www.youtube.com/watch?v=ctsDl7g6a1w[/video]Again 100% the drivers fault. Cyclist was wearing bright clothes and holding a good road position.
But a more experienced rider might have anticipated the possibility of the driver doing something stupid and been quicker to react.
(I’m not sure that riding slowly is necessarily the answer by the way, as increased speed differential brings its own dangers with angry drivers tailgating, trying to squeeze past where they shouldn’t or making punishment passes)
neilwheelFree MemberThat one (Youtube above) would have been hard to avoid, but the impact could have been reduced.
As the rider, having just passed a crossing and both vehicles are in sight, I would have been centre of the lane personally.
devashFree MemberThat last vid, bluddy heck!
Any there was a huge argument on here not so long ago lambasting people for wearing helmet cams.
Healing vibes for the Mrs OP.
deadlydarcyFree MemberHope Mrs OP recovers well and isn’t too shaken up.
As for the driver, to be completely neutral, he may have misjudged the speed of the cyclist and thought there was time to go. All the same, it’s a stupid mistake, and his insurance ought to cough up (and handsomely at that). I’m pretty sure he didn’t leave the house intending to hit a cyclist.
However, for attempting to leave the scene, he should be bloody well hung out to dry. And I hope he is. We all make mistakes, but trying to run away without consequence is not really forgivable.
LummoxFull MemberI had an almost identical incident.
First make sure you have all details
Witnesses
Police officer/ report number
Take photos of damage etcThen you will be needing to talk to the drivers insurance company, if you’re certain it’s no fault you could get the bike to a local shop for a repair/replacement valuation. Don’t forget helmet and clothing.
Next you need to consider physio- I dealt with this through a no win no fee, it fixed up a knackard shoulder and ankle that didn’t heal after several months. They will also seek to compensate you for the injuries and inconvenience. How far you go is your call.
My settlement ended up being a bike and equipment replacement, all my physio paid and expenses covered and a small amount of injury compensation.
I’m sure the driver now looks properly when pulling out of junctions.
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