Knocked off my road bike is it wrong to ask the driver to replace my helmet?

Home Forum Bike Forum Knocked off my road bike is it wrong to ask the driver to replace my helmet?

Viewing 30 posts - 41 through 70 (of 70 total)
  • Knocked off my road bike is it wrong to ask the driver to replace my helmet?
  • MS
    Member

    TJ – Yeah I do agree that the OP should not be worse off. But don't agree that you should take him for all he is worth, unless you have significant injuries.

    And i'm pretty sure it was an accident. The boy would not have intentially pulled into him, but more so becuase he made a mistake / got ditracted etc. STill 100% his fault though

    TandemJeremy
    Member

    And i'm pretty sure it was an accident. The boy would not have intentially pulled into him, but more so becuase he made a mistake / got ditracted etc. STill 100% his fault though

    Its not an accident FFS 100% his fault is not an accident! – its a mistake which lead to a collision – its careless driving.

    Teh only true accidents are where the actions of the driver make no difference. ie mechanical failure or similar.

    cynic-al
    Member

    Section 170(1) of the Road Traffic Act 1988

    – duty is on driver.

    Leg refers to "accident" so I'm not sure what the benefit of being pedantic about the use of the word is.

    0091paddy
    Member

    Never mind replacing your helmet, get a proper medical to determine any injuries (future injuries/ailments) first and foremost, also get pictures of any injuries you have, keep them all together for a potential claim against this driver.

    As for the bike, as previously mentioned by others get it checked out by a decent LBS, ANYTHING marked that previously wasn't marked should be quoted, therfore replaced.

    This stupid/careless/thoughtless/driving without due care/dangerous idiot driver could have KILLED you, don't forget that.

    Just saying how it is…

    TandemJeremy
    Member

    Al I couldn't get the statute open but the bits I did find were not totally claear to me – ruddy legalese

    -Most police forces refer to RTCs now – road traffic collisions precisely to stop the use of accident when someone makes a mistake. A mistake is not an accident

    cynic-al
    Member

    Furry muff. I may still use "accident", not being at the forefront of his sort of thing (or many others, bar trolling/bating)

    Karinofnine
    Member

    From the Highway Code Rule 286

    If you are involved in a collision which causes damage or injury to any other person, vehicle, animal or property, you MUST stop give your own and the vehicle owner’s name and address, and the registration number of the vehicle, to anyone having reasonable grounds for requiring them
    if you do not give your name and address at the time of the collision, report it to the police as soon as reasonably practicable, and in any case within 24 hours

    From experience: report it to the police, get your injuries assessed properly and the damage to your bike assessed properly. Write a letter to the driver claiming £whatever it is. If you don't get an answer, go to a solicitor.

    If it was car/car the drivers would have swapped insurance details and even as we speak your insurance company would be contacting his insurance company for compensation. Why should bike/car be any different?

    Don't feel bad for heaven's sake! You're the injured party. What if he had done it to a child or someone less robust than you?

    yesiamtom
    Member

    **** REPORT IT.

    If people are unable to drive properly they shouldnt be allowed to drive at all. If they cannot judge the road properly as to when they can overtake and make manouvers they should be punished for it. Instead though you are receiving the punishment for their retarded driving.

    I remember someone calling cars "two tonne murder weapons" and that whilst i have a lot of respect for other road users whilst driving i dont think ive heard a more true phrase. They are capable of huge damage and you are lucky to still be here and have people tell you what you already know.

    hora
    Member

    Agree with Karinofnine.

    Karinofnine
    Member

    Jeremy, from the Highway Code, this is the relevant legislation: Law RTA 1988 sect 170

    Premier Icon Woody
    Subscriber

    TJ, Karin etc. are correct, it must be reported.

    The OP should have had the police attend the accident straight away as he was injured, they in turn would almost certainly call an ambulance. You would not believe some of the RTC's we get called to and this was a genuine need by the sounds of it.

    Getting the police there at once also stops the driver messing about later and claiming that the cyclist jumped off the kerb from 'nowhere' at 50mph for instance.

    Why are you bothered about claiming for a helmet, I would be suing the pants of the guy for his stupidity/negligence, which as well as causing you pain now, could also aggravate you later in life.

    mysterymove
    Member

    Wow – Stick + Hornets nest!

    Hey, as I said I'm just happy to be OK-ish, how many people just get up and walk away from being hit by a car at 30mph?! I'm counting it as a lucky escape…

    Karinofnine – good advice, i'll report it to the police after work today, get all the damage assessed & write the guy a letter and see what happens from there!

    Cheers STW people for the advice and rants, lets try to go back to having a nice day eh!

    Premier Icon Woody
    Subscriber

    OP – whilst your philosophical attitude is refreshing and admirable…

    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?


    I seriously doubt whether a week will be all it takes. Good luck and a speedy recovery.

    Premier Icon crazy-legs
    Subscriber

    I got brought off (note, not actually knocked off) by a car a few years ago – she pulled onto a roundabout without looking and the resulting violent swerve had me on the deck.

    The driver was absolutely mortified and insisted on paying the bill for damages. It was just my helmet (£50) and she paid up no problems at all – even phoned me to ask if I was OK and to make sure I was coming round to collect the cash!

    Definitely report it. If you haven't already then think about joining an organisation like British Cycling or CTC, both provide excellent legal aid and insurance cover.

    big_n_daft
    Member

    http://www.cycleaid.co.uk/site/home/

    or

    http://www.leighday.co.uk/our-expertise/accidents-disasters/cycling-sports-injuries/cycling-practice-pages-test

    second one is used by BC for member claims, first one has been around for 20 years

    ring them up and get their advice before writing to the guy.

    Kit
    Member

    I got hit by a car last year during rush hour. Someone called for an ambulance and as it was an RTA the cops also showed up, took statements from witnesses and the driver and myself (in the ambulance). I only had whiplash and some bruising but through the driver's insurance I got all bike and clothing replacement/repairs paid for, 3 days off work paid, dental work (had a filling knocked out) and physio for 6 weeks + £1000 compensation.

    Nary a trace of guilt on my part for claiming for any of that as the driver was completely at fault, and the compensation was put toward my MSc I'm about to start.

    The police did an investigation and there was not sufficient evidence to charge the driver, based mostly on conflicting witness accounts, but at least her insurance is f*****!

    Premier Icon speaker2animals
    Subscriber

    The helmet, any other clothing that was damaged and bike. Plus by the sound of it some compensation for the injuries.

    Not a fan of the Ambulance Chaser claims culture but this sort of thing really pigs me off. IMHO this is a lot worse than cars that pull out on you. They actually manage to know that you are there to overtake you and then cut straight across you. Never had an accident as a result of this but a fair few near misses.

    Get the bugger!

    hora
    Member

    Anyone who believes the OP would be 'ambulance chasing' in his situation needs their legs slapping.

    Zaskar was a 'where theres a blame type' (he had two 'wins' from different things.

    coffeeking
    Member

    170 Duty of driver to stop, report accident and give information or documents

    (1)This section applies in a case where, owing to the presence of a motor vehicle on a road, an accident occurs by which—

    (a)personal injury is caused to a person other than the driver of that motor vehicle, or

    (b)damage is caused—

    (i)to a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle, or

    (ii)to an animal other than an animal in or on that motor vehicle or a trailer drawn by that motor vehicle, or

    (iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.

    (2)The driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

    (3)If for any reason the driver of the motor vehicle does not give his name and address under subsection (2) above, he must report the accident.

    (4)A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

    (5)If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—

    (a)to a constable, or

    (b)to some person who, having reasonable grounds for so doing, has required him to produce it,

    the driver must report the accident and produce such a certificate or other evidence.

    This subsection does not apply to the driver of an invalid carriage.

    (6)To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

    (a)must do so at a police station or to a constable, and

    (b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

    (7)A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within five days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

    (8)In this section “animal” means horse, cattle, ass, mule, sheep, pig, goat or dog.

    project
    Member

    http://www.bikeline.co.uk. lots of good info about claiming off the drivers insurance, thats what its there for.

    cynic-al
    Member

    170 Duty of driver to stop, report accident and give information or documents

    Like I said.

    Premier Icon aracer
    Subscriber

    report it to the police, get your injuries assessed properly and the damage to your bike assessed properly. Write a letter to the driver claiming £whatever it is. If you don't get an answer, go to a solicitor.

    Wrong order. Go to a solicitor should be the number one step – otherwise you're opening yourself up to a whole world of aggro – IME insurance companies wriggle lots and need threats of court dates even when blame is clear cut and the driver has admitted responsibility to the police at the scene (and given compensation for injuries – which you should definitely be claiming for – this will be an insurance job). Personally I've used http://www.bikeline.co.uk though there are other good alternatives – they will either do work paid for by legal cover on home insurance if you have it, or on a no-win-no-fee basis (don't use whatever company your legal cover recommends – they're unlikely to have experience of bike claims).

    Premier Icon aracer
    Subscriber

    don't agree that you should take him for all he is worth, unless you have significant injuries.

    Well maybe you should just claim for the injuries you have then – if they're minor it won't be a big claim. If they're a bit more you'll claim a bit more. If they're life threatening and permanently crippling you'll be taking him to the cleaners. Clever how it works like that.

    kennyNI
    Member

    More info on LFGSS for "What to Do in Case of An Accident – Now with civil info"

    http://www.lfgss.com/thread4213.html

    hora
    Member

    More info on LFGSS for "What to Do in Case of An Accident – Now with civil info"

    http://www.lfgss.com/thread4213.html

    WOW. Amazing/brilliant but somewhat really depressing reading that. How many hoops does the cyclist have to jump through, i's to dot and t's to cross in a process that can fall down at any point upto a year long?

    Depressing. Plus, If my adrenaline was pumping I'd forget most of those points in a real life situation 🙁

    rockhopper70
    Member

    This thread might have gone stale but hey ho..I make a living investigating claims like this for Insurance companies.
    If your after retribution or punishment for the driver then it will be a criminal prosecution that will have to pursued by the police. Result, possibly points, driving course ban and possible financial penalty when he comes to renew his cover and discloses the incident.
    If you are after your helmet replacing then of course you can ask him direct and see if he agrees. However, if you do have an injury then you would be entitled to compensation through pursuing a civil claim. This is likely to be dealt with by his Insurers.
    There would be two parts of a civil claim, general damages and special damages. Special damages are losses you suffered that can be quantified. Example, I had a £130 helmet, now I don't so I claim £130. Same with the bike or clothing. The basis for the settlement would be on an indemnity basis, ie, you would be paid for replacement of the item value, not new for old. Special damages may also include other financial losses, say bus fares if you usually cycled to work, that sort of thing.
    General Damages are more difficult to quantify as these deal with the injury. Sometime called compensation for pain, suffering and loss of amenity. You can't be put into the position you were health wise prior to the accident, only time and treatment will see a recovery, so compensation is offered to ease the pain!
    This is determined from a report prepared by a medical expert agreed between yourself/your lawyer and the drivers solicitor. On the basis of the report that will detail your injury and likely recovery period, an valuation will be determined. This is fairly easy to quantify based on guideline figures everyone involved works to. For example, a back injury with 12 months recovery, you would be looking at £2,500. Fractured wrist = £4,000.
    It shouldn't be too hard a process to pursue and contrary to popular belief, Insurers try and get rid of claims asap so they can get their accounts in order. A good claim is a settled claim!
    Hope this helps.

    the teaboy
    Member

    I was knocked off recently.

    Driver couldn't have been nicer about it, gave me his number, told me to get a quote for the damage. I called his number to check it was real, then limped home.

    LBS quoted £120 for the repairs, so I called him and let him know.

    He then stopped answering my calls, changed his mobile number and fooked off.

    Get numberplate/ ID if possible!

    Premier Icon aracer
    Subscriber

    The basis for the settlement would be on an indemnity basis, ie, you would be paid for replacement of the item value, not new for old.

    Surely you have to be put back in the same position you were before the accident. Given nobody would buy a second hand helmet, that means getting paid for a new one. Similarly for pretty much anything else – there's no realistic way to be put back in the position of having undamaged clothing and an undamaged bike than to get paid the new replacement value. I don't see what the difference between this and "new for old" is.

    contrary to popular belief, Insurers try and get rid of claims asap so they can get their accounts in order. A good claim is a settled claim!

    Not IME – I've had 3 third party claims against other people and in each case the insurance company dragged their feet Rainmaker style (deny, deny, deny), needing to be threatened with court action before settling. The impression I got is that a good claim is one that they've not had to pay out on because they've frustrated you to go away. I'll have to try and make sure I'm hit by the company you work for next time!

    mysterymove
    Member

    OK a week on, I'm still not back on a bike but getting over the worst of being knocked off. Unfortunately i'm now dealing with insurance companies as LBS wrote my frame off!

    Ben

Viewing 30 posts - 41 through 70 (of 70 total)

The topic ‘Knocked off my road bike is it wrong to ask the driver to replace my helmet?’ is closed to new replies.