Accident Advice

zwoooosh

Evening All,

Saw a gap in the weather and thought I would head out for a quick ride this afternoon. Was making my way out of town, negotiating the traffic when I was hit by a car. I was going around a roundabout, indicating with an outstretched hand that I was turning left at the next exit. The car was joining the roundabout from the left, didn't slow or stop and sped out in front of me catching my front wheel. I was flipped and slammed to the ground.

The damage is unclear, I need to take it into the shop tomorrow morning, but the handlebars are twisted and the front wheel and carbon forks could be damaged. Also a sizeable crack in my helmet, so that will need replacing. Thank goodness I was wearing the helmet if not I would be in a much worse situation... Luckily, aside from some bruising of my wrist, leg and arse, physically I seem to be okay (been to A&E to be checked out).

The driver stopped and gave me his details. He accepted liability and that his insurance would cover the cost of any damage. We agreed I would call him once I made it back home. When I called him he had changed his story, claiming I had hit him and that he could claim for a scratch to his car (I saw no damage to his car). Got very agressive on the phone so told him I was going to the police. Reported the incident to the police. They called him to discuss and he was abusive to them too, but eventually showed up at the station to give his side of the story. The case is now logged but the police tell me there is little else they can do.

I don't have insurance for the bike, but have his insurance policy details. Can I make a claim to his insurance company for any damages caused? How would I go about doing this? Is there anything else I can do to get him to pay for the damages?

Any thoughts/advice much appreciated.

Shaken up, but relieved to be alive!

Juju_uk_68

If he failed to give way to the right on entering a roundabout, not sure what he can possibly say?

He might try to suggest he was established on the roundabout in the left lane when you changed lanes I suppose, and his insurers will amost certainly on his evidence against yours try to offer a 50 50. - Dont blame them, its a standard response when each side blames the other with no witnesses. However,if an ambulance arrived, police will have done so, or at least hte ambulance drivers can be traced and will be able to provide evidence as to where your bike and you were in the road and where his car was stopped.

Me, I'd ring him personally, keep calm, tell him your disappointed he cant accept the fault and that you'll instruct solicitors to sue him if he won't admit fault.

But if you got his reg the insurers can be easilly traced -ring them and make a claim directly. If he thinks he has a case for pursuing you for a scratch to his car, he's dreaming - theres no way anyone will go to court privately for that - and if he suggests it to his insurers, then they will talk sense into him, as courts are very favourable to cyclists against cars.

oddy74

Glad you are ok.
Im no expert, but I go to alot of RTC's as part of my job (ambulance) and see this type of thing all the time.
My advice would be to write a statement now (whilst its fresh in your mind)of exactly what happened from your point of view. State facts only and don't offer any opinions. State weather, road conditions, visibility etc.. draw a diagram of the road and show your path and where the car that hit you joined the roundabout and the location of impact.
Also state that after the incident the driver admitted it was his fault, but later retracted that when you phoned him.
Also list any witness details if you have them and the police serial no.
Take some photo's of the damage.
Tomorrow take to LBS for assesment and valuation report, you may be able to ask them if they can give an opinion of how they believe the damage was caused.
Ring his insurance company and ask for a claim form, if you have your own insurance then ring them instead and give them the other partys insurance details and let them fight it out.

I would hope you will not have any problems proving who was at fault because on a roundabout you should give way to the right so for a collision to occur he must have pulled out in front of or into you.
I cannot imagine for one minute his insurance company will roll over and give you exactly what you want to begin with, but stick to your guns and refuse until the pay up.

oddy74

^^^ and what juju said

ademort

Had a similar thing happen to me many years ago. You will win any case because the driver gave you his details at the time. How many drivers would give insurance details etc if it was not thier fault. He will only make a fool of himself, as did the driving instructor who hit me and then the following day said no it was your fault, the magistrates court saw the man for what he was. Good luck Ademort

zwoooosh

Thanks Guys. All very helpful advice and very reassuring.

I wrote up my report last night and will be in touch with a witness who stopped to help. Plan to follow up with the insurance company, plus get the bike checked out today. Fingers crossed the damage isn't too bad.

Cheers!

daniel_b

Some people are real pond scum aren't they.

If I had caused what this driver had done, I would hold my hands up, and either let it go through the insurance, or if the other person was happy would settle it privately with appropriate qoutes etc.

If I were you zwooosh, and the driver admitted liability, I would be happy to just take the money for the accident, ie new frame, or new forks & hemet etc, but now he has shown his true colours, I would be inclined to try and take this pondlife for all he has got.

What's worse, is admitting liability, going home, having a think about it, and then deciding that he masy as well deny it all.

Zero accountability, and very little honesty exists.

Good news you have a witness anyway, and with said witness, you should be able to prove the roundabout situation as it happened, which will put you in a very strong position.

Might be worth if/when you call him, to mention you do have a witness from the accident, might change his slimy tune, or at least make him lose some sleep.

Dan

babyshambles

Hi,

You will find that insurance policies have a condition within it that states theat the driver is not alowed to accept liability, which is why he changed his mind.

If you have his insurance details, you should write to them directly making a claim which you are entitled to do. It is not worth dealing with this chap anymore.

Under your HOUSEHOLSD insurance (if you have any) you may be covered for legal protection. Check the wording.

In my experience, if you make it clear to HIS car insurer what you are claimimng for (put everything you can, injury, loss of use etc..) and quantify the amount you will accept in full and fimal settlement, you will find that you are more likely to get paid out as they will be pleased that there is not going to be a costly medical claim and they will act with a bit of speed in case later injuries come out such as long term back and neck pain etc.

The drivers No Claims Discount will also be reduced and he will see his premium increase and may decide to meet the cost anyway.

Seeing as he is playing hardball, I would deal only with the insurers as it will stuff him up !

Good luck....

NervexProf

Zwoosh - glad to read that you appear to be ok.

My advice is to make sure you include 'consequential loss' i.e. being with your bike et al.

Hope this is resolved soon, and to your full satisfaction.

Don't accept the 'first offer' if this appears to you insulting.

Rich Hcp

Glad you're not in hospital!

Don't try to contact the driver again. It will only antagonise him.

Deal only with his insurance company, claim extra for being shaken up too.

As said above, check your cover on household insurance for legal cover.

Check, if you can what 'damage' he's claiming for.

Someone tried that on when they knocked my sister off her bike and the damage to the car was on the other side!

As I say, deal only with the insurer, your turn to play hardball....

Slipknotjonny

Immediately instruct one of the solicitors who specialise in cycle accident litigation, they all advertise in the cycle press, I dare say a quick google or search on here will do the job.

I know from bitter personal experience that it does not pay to go it alone in these matters, they will all do you 'no win no fee' based on the accident description that you have given, the attituide of the tw8t in the car deserves to get him sued up the yingyang.

jonah1

Something similiar happenened to me on a r/about, driver did'nt look and hit me whilst I was on r/about. driver accepted responsibility and said they would pay for damage to bike.

Later when they realised how much it would cost they started messing me around about going through the insurance.

At that point I got intouch with bikeline solicitors and they have sorted everything out. I've ended up claiming for all the road rash and aches and pains, all my clothing that was scuffed and a new helmet, just had to fill in a few forms and thats it.

Had my first interim payment last week with more to come.

I would highly recommend them.

robmanic1

As soon as you mention "personal injury", I think you'll find his insurers more than willing to cover damaged sustained. I had a very similar incident (only difference was rear wheel rather than front), I wrote to the guys insurers, also sent them the clothing I was wearing as it was torn in places, I stated that I would expect them to view my claim favourably as I was, at this time, not persuing a claim for personal injury. They seemed more than happy to cover all damages sustained and even returned my clothing!
Glad you're ok though, just reading the threads here makes you realise how close we all come sometimes.

musto_skiff

Reading this has just reminded me to take out a Silver Membership with British Cycling.

This included ...

Legal Advice & Support

Managed by a dedicated team of professional personal injury lawyers experienced in handling thousands of 'cycling accident' claims. £4.8 million has been recovered in damages for members in the past two years, at no cost to them.

See http://www.britishcycling.org.uk/web/si ... nefits.asp

zwoooosh

Thanks for all your advice. It is very helpful and reassuring. After yesterday my faith in humanity was at a low, but you guys have succeeded in picking me up.

Luckily my wife is training to be a lawyer so is keen to get her teeth stuck into this one! Just got back from dropping the bike at my LBS. They think that it could be a write off as the frame may have been bent. Their initial view is that the impact was to the left side of my front wheel (the quick release lever is bent) so I think there is a strong case. I'll have a full written report tomorrow. Also, despite yesterdays medical check am suffering from pain in my back and stiff neck so predict another trip to the docs.

I'll get back to you on how I proceed but someone like bikeline sound like a good route to take...

Thanks again!

Nuggs

zwoooosh wrote:

Luckily my wife is training to be a lawyer so is keen to get her teeth stuck into this one!

Just be careful - I'm a lawyer, but know sod all about PI. That's slightly more than I knew when I was a student/trainee.

It's probably okay when you're up against someone with no legal knowledge, but as soon as the other side has lawyers (and if insurers are involved, they will), you could very quickly be out of your depth...

zwoooosh

Nuggs wrote:

It's probably okay when you're up against someone with no legal knowledge, but as soon as the other side has lawyers (and if insurers are involved, they will), you could very quickly be out of your depth...

Yep, point taken and I have just been rapped over the knuckles by her for mentioning it. Looks like the bike alone is going to cost over a grand to repair/replace not to mention PI so am looking at the array of cycle claims firms out there.

gjh0702

Glad you are ok. I was knocked off 2 yrs ago, Car's inurance paid out for Bike & kit within 8 weeks, but 2 years to agree compo.

Can I suggest go back to Island & see if any CCTV , or if any surrounding shops etc have it, if so ensure you get a copy.Also try to 'push' Police to prosecute- a) he should be 'shocked' into looking properly in future & b) will 'add' to your case
Good luck

glencp

Zwoooosh, i was hit from behind just over a year ago, last march 2007 in fact. I found this company very helpfull in my claim.
Russel Jones & Walker Solicitors
Swinton House
324 Gray's Inn Road
London
WC1X 8DH
Tel 020 7837 2808
Email
E.F.Brenyah@rjw.co.uk

If you have a witness stay in touch with him/her. They will be useful in your claim.
Regards.
Glen.