Well, it’s happened, on Sunday a driver pulling onto mini roundabout didn’t see me through his windscreen/door side pillar – one of those where my speed co-incided with the drivers approach speed.

I got off fairly lightly with bruises and a broken rib. Bike is rideable but the back wheel is buckled and rubs on mudguard (not bad enough to rub on frame).

At the scene I felt bruised (not broken) and only took basic details of the driver’s name and address as I thought everything would be repairable and that I was not badly hurt, although I did say something in my chest didn’t feel right. I didn’t take witness details. The driver sat and watched me ride away (not callously, he did offer to drive me somewhere etc – we even shook hands and I thanked him for stopping!)

When I got home, my chest still didn’t feel right so I lay down to stretch out and at that point it felt like someone had stabbed me (Broken rib diagnosed). Spent most of yesterday asleep, I think a reaction to the shock to my body – I’m feeling quite stiff in muscles around my back/neck/shoulder and I’m quite aware that the full extend of my injuries may not yet be apparent.

I’ve reported the incident to police (although I still have to attend to fill out a form detailing the accident).

So I guess I’m asking for recommendations for legal representation to make a claim against the driver’s insurance, despite saying that I was ok and the bike was repairable at the scene. Anyone got any views on this?

Is there anything on your house insurance that could help, legal cover? or are you a british cycling member?

https://bikeline.co.uk/

Other options are available, but I’ve used them and they did a good job for me. One of the first things they’ll advise is to get everything you can documented – particularly medical details.

Can’t you just contact the driver’s insurance? I would’ve thought legal representation only needed if the deny the claim.

If he wants to claim for injuries it’s unlikely that directly contacting the insurance company will get the best result (though it’s possible it might work fine for a non injury claim).

I’d probably go with bikeline (never had to thankfully) but IIRC they’re who BC use if you’re a member, and are just a trading name of one of the big no-win-no-fee solicitors but obviously going to be more experienced dealing with SMIDSY type accidents. You could go direct, but TBH why would you make hastle for yourself when there’s a free (to you) service*.

*yes yes I know it probably pushes up everyone’s premiums etc. But if I was going to volunteer my own time and hassle to save other people money it would be in a soup kitchen, not helping insurance companies.

thisisnotaspoon wrote:

I’d probably go with bikeline (never had to thankfully) but IIRC they’re who BC use if you’re a member, and are just a trading name of one of the big no-win-no-fee solicitors

Not unless things have changed they aren’t – and a quick check suggests they haven’t been bought out by a bigger company (though I didn’t think they were who BC used either – maybe that company is what you describe?)

Thanks all, and aracer for your recommendation.

I guess all that’s left for me to do is wrestle with my conscience about using the no win no fee approach……

*edit – sorry, I mean playing the ‘where’s there’s blame there’s a claim’ game

I guess all that’s left for me to do is wrestle with my conscience about using the no win no fee approach

All depends what you are looking to claim for.  Just a back wheel/repairs to bike, long term impact to health, time off work costs etc,.

BlobOnAStick wrote:

<span style=”font-size: 0.8rem;”>I guess all that’s left for me to do is wrestle with my conscience about using the no win no fee approach……</span>

*edit – sorry, I mean playing the ‘where’s there’s blame there’s a claim’ game

I don’t know why people find this so difficult. Somebody else’s mistake has resulted in losses to you and they have insurance which covers them to pay for those losses. I presume it’s that some dodgy companies have given the market sector a bad reputation, but the company I recommended amongst other similar companies aren’t like that – they simply provide a service for people in your situation. Meanwhile as I suggested if you go direct to the insurance company you’ll likely lose out – they are far, far more dodgy in that respect than any lawyers.

Thanks aracer, I think that’s the view I’ve come to – it’s nothing personal to the driver, but it’s his fault and that’s what he pays his insurance for.

Absolutely go after the insurance. That’s what it is there for after all!

With regard to the cause of the accident (though I appreciate that it’s a bit late now!), you may want to read up on Saccadic masking. This explains how  we can miss cyclists, even when we actually look to check.

What an RAF pilot can teach us about being safe on the road

I found out about this when I was driving on a regular route and pulled onto an empty roundabout (slowed down, looked to my right – empty roundabout – pulled smoothly on), and a cyclist flashed across the front of me THIS close to my bonnet.

I couldn’t understand it, there was no way he was on the roundabout when I looked and yet impossible for him to have joined – or approached from the far side (large roundabout) – in the time available.

Conclusion: he was there, approaching at speed, yet despite the fact that I checked I didn’t see him.

That’s when I read up on Saccadic masking. I now ride with two flashing front lights at all times and (if safe) weave slightly when I see a vehicle looking to pull out of a side road/onto a roundabout/make a right turn.

Like I said, too late for this time, but may be of assistance in the future!

FWIW it seems to me to be crazy that Saccadic masking isn’t part of the driving test, could equally apply to a small kid running onto the road..

If you are a union member, they might represent you for free, i know mine do (unite the union)

In addition to what others have said… I would take the bike to your LBS and have it checked over in case you need to claim for any damage.

Something similar happened to a colleague. He wasn’t as badly hurt but the driver’s insurance company paid for a new bike and gave a fairly generous sum of compensation for the bumps and bruises in a short period of time.

I had a more serious accident, also a SMIDSY. The driver was prosecuted and so I went down the lawyers route for compensation. It’s a long process…11 months and counting.

Thanks all, I am starting the process this morning.

funkrodent: I’ve certainly heard of saccadic masking, but I think in this case it was more likely to have been CBDR as explained here by Bez (albeit a low speed version): https://singletrackworld.com/2018/01/collision-course-why-this-type-of-road-junction-will-keep-killing-cyclists/

Another factor is that it was raining, and had been for a while. I think that leads to two things: Drivers not expecting people to be outdoors and cyclists ending up a bit ‘head down’ in terms of vigilance – I know I get a bit fixed on the 5m of road infront of me when it rains rather than having my focus up and looking down the road. Doesn’t mean it’s not the driver’s fault though.