Knocked down by a car

Mikey joe

Hello

I got knocked down by a car on the way to work this morning. I didn't cuffer a scratch and it was witnessed I have the drivers details etc. (I was inthe right). My bike doesn't appear to be damaged but I am now starting to worry if the frame is OK. I'm nervous enough riding fast descents without having to worry if my forks are going to snap or something. Can my local bike shop carry out any tests on the bike to say if it the frame etc has been damaged even though it looks fine. All help appreciated.

BTW - I'd like to point out I'm not after any compo or anything - I just want to be sure my bike is OK.

Cheers

Mj

MentalRaver

YOU SHOULD GET COMP.

You are entitled to this and will be covered by their insurance.

1. Did you report it to the police, did the police attend and did they complete any forms (like a T28)? If not, report it to you local Police station and get the incident number and accident report form serial number.

2. Was you seen by a paramedic? Have you been to A&E? If no- you need to go and get them assess you so that you can use this in your claim. They need to know of ANY injuries you have.

3. Get your bike to the LBS and get them check it over, and get a quote on how much it will cost to replace.....

4. If your under 18, go to a Legal Aid solictor and get claiming, if not, get down to the Citizens advice beaurau and get claiming.

5. You are not going to be a hero or any more respected for not getting what you are entitled to.


That's my knowledgable advice in these things. Dan.

diver-boy

most good bike shops should be able to check if the frame is bent atleast, not sure about underlying cracks or fractures!

Mikey joe

Thanks for the advice. As I said I was not hurt physically - a bit shaken but not a scratch. I didn't call the police at the time. Maybe I should inform them in case my bike is damaged. The guys in the car did not leave the scene and admitted liability. As I said I'm not trying to fleece anyone just want to make sure my bike is OK - If it is then I'm happy to forget about it. If its not I just want it repaired.

Cheers

Mj

on the road

Your LBS won't be able to stress test it, not unless you want them to break the frame. But they will be able to look it over tell you if it's no good. A few years ago I was involved in an accident, there was no cracks on the frame and the frame looked straight, but the mechanic showed me where the aluminium had been 'pushed out', so the frame was a write off. So it's possible that could be the situation with your bike. There doesn't need to be a dent in it or any kind of a crack on it for it to be knackered.

MentalRaver

Mikey joe wrote:

Thanks for the advice. As I said I was not hurt physically - a bit shaken but not a scratch. I didn't call the police at the time. Maybe I should inform them in case my bike is damaged. The guys in the car did not leave the scene and admitted liability. As I said I'm not trying to fleece anyone just want to make sure my bike is OK - If it is then I'm happy to forget about it. If its not I just want it repaired.

Are you SURE you're not hurt in any way at all????? No pulled muscles???? Sore joints???? Think about this, and think again.

You said he ADMITTED liability. That is great. Did you get his insurance details? How was this admission recorded? Conversation isn't that strong. Were there any witnesses? Did you get their details?

aphex2k

See how you feel tomorrow. You might spot bruising, scrapes etc, or feel worse for wear.

MattBlackBigBoysBMX

If there is no injury, then there is no requirement to call the police.
I would doubt they would be at all interested, especially with no damage.

MentalRaver

MattBlackBigBoysBMX wrote:

If there is no injury, then there is no requirement to call the police.
I would doubt they would be at all interested, especially with no damage.

My professional experience, is that the Police could well be interested. The driver has admitted liability which indicates that he is reportable for driving without care and attention or careless driving. It could also lead to checking if he has a licence, insurance, mot, etc.

It is important to report it to the police irrespective of injury as it is a road traffic accident. In fact the driver has a responsibility to report this to the nearest police station within 24hrs, otherwise they could face prosecution for failing to report an accident.

I do think that it is beneficial for continuity of evidence for the person who got hit to also report it within 24hrs. It strengthens your case.

My very experienced checklist for evidence and investigation is this-

1. Vehicle index, model, colour, individual identifying featurers, i.e. tinted windows, rust on arches.

2. Driver description and identity

3. Supporting information- Witness details, location drawing and small account of what happened, sign and date this too.

4. Injuries- go to A & E. Your doctor will not be sufficient in insurance claims

5. Damage to cycle- obtain esitmate of damage on headed paper and stamped by LBS

If the above is good then.......

4. Report within 24hrs (for best practice). You will either have to give a statement there or at a later date, or maybe not at all. Don't panic, a statement is just a written account of what happened and not an interview.

5. Obtain incident number and accident report form serial number for personal records

6. Seek legal advice/ legal aid/ citizens advice- unless you have bicycle specific or personal injury cover. Where there's blame, there's a claim.

7. Keep copies of all paperwork and a record of all conversations.


Please put trust in me and believe that I know what I'm talking about and the advice I have given is certainly how my colleagues and I deal with such matters. Get my drift .

I understand that you are not financially motivated and I must express that any, if you get some, compensation/ new bike is merely a way of saying sorry.

You are not sueing the individual, you are placing a claim against the third part insurance cover.

So that it is it, take on board what I have explained and take action or cut your losses now.

roger645

MentalRaver wrote:

YOU SHOULD GET COMP.

You are entitled to this and will be covered by their insurance.

1. Did you report it to the police, did the police attend and did they complete any forms (like a T28)? If not, report it to you local Police station and get the incident number and accident report form serial number.

2. Was you seen by a paramedic? Have you been to A&E? If no- you need to go and get them assess you so that you can use this in your claim. They need to know of ANY injuries you have.

3. Get your bike to the LBS and get them check it over, and get a quote on how much it will cost to replace.....

4. If your under 18, go to a Legal Aid solictor and get claiming, if not, get down to the Citizens advice beaurau and get claiming.

5. You are not going to be a hero or any more respected for not getting what you are entitled to.


That's my knowledgable advice in these things. Dan.

If the OP doesn't want compensation unless his bike is damaged why push it? Unnecessary claims affect the people who buy insurance, not the insurance companies, they just pass it on as higher premiums.

on the road

roger645 wrote:

Unnecessary claims affect the people who buy insurance, not the insurance companies, they just pass it on as higher premiums.

No, that's just a myth. Only the driver has to pay the higher premiums, unless he's uninsured and then it will effect us all. It's the uninsured drivers who drive up (no pun intended) premiums for everyone else.

MattBlackBigBoysBMX

MentalRaver wrote:

MattBlackBigBoysBMX wrote:

If there is no injury, then there is no requirement to call the police.
I would doubt they would be at all interested, especially with no damage.

It is important to report it to the police irrespective of injury as it is a road traffic accident. In fact the driver has a responsibility to report this to the nearest police station within 24hrs, otherwise they could face prosecution for failing to report an accident.

What trot!

You must report an accident when...

1) personal injury is caused to a person other than the driver of that motor vehicle
2) damage is caused to another vehicle
3) one of the following animals is injured: horse, cattle, ass, mule, sheep, pig, goat or dog (other than an animal being carried in that vehicle or trailer)
4) damage is caused to any other property forming part of the land on which the road is situated.

Face prosecution?
Bollocks.
If the driver had failed to provide details, then an offence would have occurred, but he stopped and swapped details which is the legal requirement in the result of an "accident".

MentalRaver wrote:

I must express that any, if you get some, compensation/ new bike is merely a way of saying sorry

That is utter rubbish, and if you are in any sort of legal profession as you seem to allude to, a statement like that could get you into a lot of trouble.
It's fairly obvious however that you don't know what you are talking about.



Of course, there is no harm in reporting the incident to the police, should the OP wish to.


edit to add: if you are that concerned about your forks, ask the driver to pay for replacement. He may do this happily out of his own pocket if it means his insurers don't have to cough up for anything.

roger645

on the road wrote:

roger645 wrote:

Unnecessary claims affect the people who buy insurance, not the insurance companies, they just pass it on as higher premiums.

No, that's just a myth. Only the driver has to pay the higher premiums, unless he's uninsured and then it will effect us all. It's the uninsured drivers who drive up (no pun intended) premiums for everyone else.

Put it this way, if I drive into a rolls royce phantom and write it off my premium next year will not be what it is +£250,000. There do you think the defecit between the loss less my premium comes from?

sqwerl_mk2

MentalRaver wrote:

MattBlackBigBoysBMX wrote:

MentalRaver wrote:

MattBlackBigBoysBMX wrote:

If there is no injury, then there is no requirement to call the police.
I would doubt they would be at all interested, especially with no damage.

It is important to report it to the police irrespective of injury as it is a road traffic accident. In fact the driver has a responsibility to report this to the nearest police station within 24hrs, otherwise they could face prosecution for failing to report an accident.

What trot!

You must report an accident when...

1) personal injury is caused to a person other than the driver of that motor vehicle
2) damage is caused to another vehicle
3) one of the following animals is injured: horse, cattle, ass, mule, sheep, pig, goat or dog (other than an animal being carried in that vehicle or trailer)
4) damage is caused to any other property forming part of the land on which the road is situated.

Well you said yourself.....vehicle being the bicycle and injury being the rider.

Face prosecution?
Bollocks.

However unlikely, it is a possibility.

MentalRaver wrote:

I must express that any, if you get some, compensation/ new bike is merely a way of saying sorry

That is utter rubbish, and if you are in any sort of legal profession as you seem to allude to, a statement like that could get you into a lot of trouble.
It's fairly obvious however that you don't know what you are talking about.

I was trying to explain it in a non- confusing way.

The dictionary states this-

com·pen·sa·tion /ˌkɒmpənˈseɪʃən/

-noun 1. the act or state of compensating.
2. the state of being compensated.
3. something given or received as an equivalent for services, debt, loss, injury, suffering, lack, etc.;

and sorry......

sor·ry (sŏr'ē, sôr'ē)
- adj. sor·ri·er, sor·ri·est

1. Feeling or expressing sympathy, pity, or regret: I'm sorry I'm late.
2. Worthless or inferior; paltry: a sorry excuse.
3. Causing sorrow, grief, or misfortune; grievous: a sorry development[/b]

So if it could well be said that by saying sorry to express sympathy and regret by way of compensating the loss or injury would be acceptable and totally accurate.

Unless you read what I write properly and actually know the legal definitions of such things I would suggest that you refrain from posting such attacking posts. Neither can you assume that I do not "know what I'm talking about." I grant you the fact that it's the internet and people blag, and I am one of ones that doesn't.

what? you've provided a definition that states compensation is a way of providing for a loss of some kind. nowhere in the definition does it say it is a way of "saying sorry". The unfortunate part of the definition, which is the one that gets abused, is the compensation for "emotional damage". The OP has already said he didn't suffer any phyiscal, or other, harm so why seek compensation? Handing over money as a way of apology is morally wrong.

on the road

roger645 wrote:

on the road wrote:

roger645 wrote:

Unnecessary claims affect the people who buy insurance, not the insurance companies, they just pass it on as higher premiums.

No, that's just a myth. Only the driver has to pay the higher premiums, unless he's uninsured and then it will effect us all. It's the uninsured drivers who drive up (no pun intended) premiums for everyone else.

Put it this way, if I drive into a rolls royce phantom and write it off my premium next year will not be what it is +£250,000. There do you think the defecit between the loss less my premium comes from?

Do you think insurance companies will be broke after paying out £250,000? They have millions of clients and have billions of pounds, that £250,000 isn't going to make a dent in their surplus. Now, if every driver was to drive in to a £250,000 car writing it off then that would be a different matter, but just one incident like that isn't going to make much different. That £250,00 will be covered by the amount of new clients they get in the next year.

Look at the floods, the insurance companies are paying out billions, if they can't afford £250,000, how can they afford all those billions for the flood damage? They will recover all that money the next year by putting up premiums for homeowners, but that's only because there was a flood of claims (again no pun intended). If there was just one claim from one homeowner then it's likely that homeowner would face higher premiums and not everyone else. It's the same with motorists, if it's just the odd claim then premiums for everyone is unlikely to go up, but if there was a flood of high claims then they would.

So a cyclist claiming against a motorist, they're not going to get £250,000, it's usually one or two thousand, chicken feed compared to your scenario.

roger645

on the road wrote:

roger645 wrote:

on the road wrote:

roger645 wrote:

Unnecessary claims affect the people who buy insurance, not the insurance companies, they just pass it on as higher premiums.

No, that's just a myth. Only the driver has to pay the higher premiums, unless he's uninsured and then it will effect us all. It's the uninsured drivers who drive up (no pun intended) premiums for everyone else.

Put it this way, if I drive into a rolls royce phantom and write it off my premium next year will not be what it is +£250,000. There do you think the defecit between the loss less my premium comes from?

Do you think insurance companies will be broke after paying out £250,000? They have millions of clients and have billions of pounds, that £250,000 isn't going to make a dent in their surplus. Now, if every driver was to drive in to a £250,000 car writing it off then that would be a different matter, but just one incident like that isn't going to make much different. That £250,00 will be covered by the amount of new clients they get in the next year.

Look at the floods, the insurance companies are paying out billions, if they can't afford £250,000, how can they afford all those billions for the flood damage? They will recover all that money the next year by putting up premiums for homeowners, but that's only because there was a flood of claims (again no pun intended). If there was just one claim from one homeowner then it's likely that homeowner would face higher premiums and not everyone else. It's the same with motorists, if it's just the odd claim then premiums for everyone is unlikely to go up, but if there was a flood of high claims then they would.

So a cyclist claiming against a motorist, they're not going to get £250,000, it's usually one or two thousand, chicken feed compared to your scenario.

Do you work in insurance?

MattBlackBigBoysBMX

MentalRaver wrote:

...more meaningless guff

As others have already spotted, highlighting my posts about injury when the OP says he isn't injured is not a good way to prove your point.

Not informing the police of a non-injury, non-damage accident is not a crime, so prosecution is not possible. You are wrong.

Explain compensation? Do you think the OP does not know what compensation is?
Give him some credit.
Don't spout about "legal definitions" to me when you haven't mentioned any. All you have done is google the definition of two words which are of no relevance. Legal definitions are written in statute, not found on google.

If you think my tone is attacking, it's because you are giving incorrect advice to the OP whilst pretending that you are in some sort of legal profession.

It is still clear that you do not know what you are talking about.

MentalRaver

:roll: :yawn:

sonicred007

I'd just like to add that as it was the drivers fault - per this explanation - is it not worth reporting for due care and attention, nevermind any legal claims. It could have been so much worse and thankfully by the sounds of things it is not half bad.

However, it's still driving without due care and attention which is against the law.

I'm currently going through a claim myself and before my compensation could be dealt with, the police did their investigation to see if a crime. So, regardless of what I might be awarded, the driver, if found guilty of breaking any driving laws will be punished under the law of the land and will have little bearing on my claim.

Ask yourself, does a driver need to maim someone, or write off a bike, before it's material enough to report to the police. Driving without due care and attention is driving without due care and attention whether you're hurt, your bike is damaged or not if you are knocked off

MentalRaver

sonicred007 wrote:

I'd just like to add that as it was the drivers fault - per this explanation - is it not worth reporting for due care and attention, nevermind any legal claims. It could have been so much worse and thankfully by the sounds of things it is not half bad.

However, it's still driving without due care and attention which is against the law.

I'm currently going through a claim myself and before my compensation could be dealt with, the police did their investigation to see if a crime. So, regardless of what I might be awarded, the driver, if found guilty of breaking any driving laws will be punished under the law of the land and will have little bearing on my claim.

Ask yourself, does a driver need to maim someone, or write off a bike, before it's material enough to report to the police. Driving without due care and attention is driving without due care and attention whether you're hurt, your bike is damaged or not if you are knocked off

EXACTLY.

Mikey joe

Hello folks,

Thank you for the advice. The topic is getting a bit heated (not what I had planned) but the advice from all is helpful. In case your interested this is what I've planned.

I will report the accident to the police pointing out that I wasn't injured and that the driver did stop and was helpful. Also I will get my bike checked over by my LBS. If it is not damaged I will leave it at that. If it is damaged I will get them to prepare a quote and then let the guys insurers deal with it.

As I said I wasn't hurt and am not keen to benefit from this by developing strains and pains. I just want to make sure my bike is OK.

Cheers and thanks to all again

Mj

Kobie

Good for you - nice to see someone with a level head

As long as humans are allowed on the roads there are going to be accidents - it's the way we're made. So many people see accidents as a way to score a free windfall. But we're all big boys and girls and if you're not hurt & no damage was done then just dust yourself off and carry on - no need to screw somebody else over for a silly mistake.

Happy Cycling!
K.

MattBlackBigBoysBMX

MentalRaver wrote:

:roll: :yawn:

I take it by saying "yawn", you admit you are factually incorrect then?




As I said befrore Mikey, no harm in reporting it.

MrKawamura

I don't claim to be an expert on the law or bicycles, so this is not offered as advice and I'm sure your LBS (and maybe you and lots of others on the forum) will know more, but it hasn't yet been mentioned specifically:

Does your bike have any carbon parts on it? I've often heard it said that it is very difficult to determine if any damage has been done to carbon parts and that they should be replaced after a crash where any damage could have occurred.

Mikey joe

Hi

I should have mentioned this as this is the bit I'm, most worried about it has carbon forks so I'm going tomorrow to get it checked!

Will reort back as to how I get on!

Sheppy

Hi,
I had a similar thing where I was knocked off my bike by a lorry. I didn't report it to the Police at the time a witness did without my knowledge. The Police found me cycling (limping) home and gave me a friendly but firm ticking off for not reporting it even though I didn't think I was injured (turned out later I had a fractured rib but the adrenaline obviously masked it). They told me it should be reported immediately regardless of injuries in case the driver was drunk or under the influence of drugs etc. In the end his company just paid for the damage to my bike, I didn't bother with compensation, just had a new bit of kit.

I never wanted to sue him as it seemed like a genuine accident, however I hadn't realised how nervous I was (and still am two years on) on the road afterwards. Still, accidents happen as they say...

Yorkshireman

Reporting to the police in a case like this is recommended if only to have an official record of the event, just in case something wrong shows up afterwards.

jamesdestin

I had an accident on a motorcycle - entirely my fault. Wet M42, overloaded bike on way to moto GP. Braked too hard - bang. Broken bike. Got recovery to Donnington. Spent the weekend camping and drinking with the boys. Three days later had op' for broken hand. Dr not impressed. You aren't in any fit state to decide what's right or not immediately after an accident. Report it, see a doctor, get your bike checked and, if you've suffered a loss or damage, and its somebody elses fault, try to recover it. You don't have to inflate the claim or claim for a non-existent loss. Just keep it simple and do the right thing.

fossyant

Worth reporting, even if for statistics, and you never know, the police may have 'form' on a driver. Sounds like a fairly reasonable incident - my last major one was hit and run, broken hand and a smashed bike, my fault was to get up - I was lucky - bike hit scaffolding, I sailed in-between it on my back ! - driver saw me get up and legged it ! Wrecked virtually all my clothing in friction burns though !

Some of the folk on here say just stop where you are and compose yourself before getting up................ too right !

I've had one or two accidents where you just get up, collect the bike and dive to the side of the road only to find large parts of your skin missing (great thing that survival instinct).

You get more hissed off for scratching the bike. Some years back, we jumped off our bikes when a team mate had crashed on a handicap race (he started in front of us) - bits of bikes on road - we just thought stuff this lets see if he's OK - there we are checking he could see two fingers (bit out of it before full skid lids) and all he could say was how was the bike.......

No need for compo if you are fine, but worth just reporting it as a 'safety' check on the 'reasonable' driver. Far too many un-insured drivers ! Plus if the bike is damaged, it's been properly logged ! - Like cars, you don't know the damage until checked out !

John Stevenson

Matt and Mental

Several posts deleted. Please keep it civil or take it private.

And consider whether tit-for-tat point-scoring assists the original poster, which is what you both seemingly - and very laudably - started off trying to do.

Sterowley

Glad to see plenty of people geting involved in thsi lovely american style compensation culture. if you havent got any major injuries i would hege my bets on teh bike being fine.