Some advice post-accident...

stephenballantyne

Hi,

I wondered if anyone could help with a little dilema I currently have. I was involved in an accident with a car a couple of weeks ago, which wrote off my bike frame, broke my finger and damaged my shoulder fairly badly. I can recover the cost of the bike through my contents insurance, but am unsure what happens with regards to the damage done to the car that was involved. Do they just have to claim on their insurance?

My nervousness stems from the fact that it's not entirely clear who was at fault (this is confused further by the fact that a bus was involved in the build up but not the accident itself). Basically I was going past a bus at a stop, which pulled out while I was along-side, forcing my into the middle of the road and blocking my view ahead. Then a car pulled out of a side road (turning right) just in front of the bus and I plowed straight into the side of it as I tried to get past the bus.

I have contacted cycle aid for advice, who have appointed a solicitor to claim for injuries etc on my behalf. Has anyone else been in a similar situation? I'm thinking I should just claim on my contents insurance and let them try to recover the money from the car driver / bus company. I'm a little wary of pursuing the compensation claim.

Any advice / experiences grately received.

Cheers,

Steve

P.S. Once I've got my new bike, there will be a mint condition 2005 Centaur Groupset looking for a new home (done about 800miles).

gkerr4

i'd say go for it - the worst that would happen is that you end up with a claim against you which your 'public liability' section in your house insurance would probablymeet for you.

as far as the accident goes - there are many parties involved as you say, but ultimately the car should have ensured it was safe for him/her to proceed before pulling out of the junction. Even if the bus had "flashed" him out as the bus driver had not seen you either, the car driver has a responsibility to ensure it is safe for him/her to join the road.

that said, I have heard of these things in motorcycle forums and they can go either way when they get to court.

good luck - but with a "fairly damaged shoulder", I'd be looking for compensation as you didn't have any other course of action available to you at the time and have ended up injured as a result of one or more people "not seeing" you.

alfablue

You have to go for compensation, your damaged shoulder may give you years of grief when you get older! I know from a whiplash injury I got 14 years ago, at the time it caused me little trouble, but the consultant orthopaedic surgeon appointed by the solicitor found I had limited movement in my neck - no great pain at the time, now I have trouble sleeping with neck and shoulder pain which I think is related to this episode. The £4000 I got at the time seemed great, it now looks meagre, I should have pursued more to cover the cost of physio in the longer term.

spen666

stephenballantyne wrote:

Hi,

I wondered if anyone could help with a little dilema I currently have. I was involved in an accident with a car a couple of weeks ago, which wrote off my bike frame, broke my finger and damaged my shoulder fairly badly. I can recover the cost of the bike through my contents insurance, but am unsure what happens with regards to the damage done to the car that was involved. Do they just have to claim on their insurance?

My nervousness stems from the fact that it's not entirely clear who was at fault (this is confused further by the fact that a bus was involved in the build up but not the accident itself). Basically I was going past a bus at a stop, which pulled out while I was along-side, forcing my into the middle of the road and blocking my view ahead. Then a car pulled out of a side road (turning right) just in front of the bus and I plowed straight into the side of it as I tried to get past the bus.

I have contacted cycle aid for advice, who have appointed a solicitor to claim for injuries etc on my behalf. Has anyone else been in a similar situation? I'm thinking I should just claim on my contents insurance and let them try to recover the money from the car driver / bus company. I'm a little wary of pursuing the compensation claim.

Any advice / experiences grately received.

Cheers,

Steve

P.S. Once I've got my new bike, there will be a mint condition 2005 Centaur Groupset looking for a new home (done about 800miles).

As a solicitor myself, can I suggest you contact a solicitor specialising in RTAs.

This is a complicated accident resulting in serious injuries and you, if not liable are entitled to lots of compensation to be paid to you for your injuries. If you are liable, you are going to be liable for lots of compensation to pay.
Try contacting alison French at Bikeline or Russel Jones & Walker - both take cases on a no won no fee basis

stephenballantyne

If you are liable, you are going to be liable for lots of compensation to pay

Really!? See that's why I'm inclined not to antagonise things and provoke a counter claim. Would I be liable for compensation if I lost or just repairs to the car?

Steve

gkerr4

did anyone else get injured in the accident?

spen666

stephenballantyne wrote:

If you are liable, you are going to be liable for lots of compensation to pay

Really!? See that's why I'm inclined not to antagonise things and provoke a counter claim. Would I be liable for compensation if I lost or just repairs to the car?

Steve

Go and seek proper legal advice. Here is not the place to seek detaild advice.

On the face of it, you may be entitled to several thousand pounds compensation


EDIT

Whoops - just read you have instructed cycleaid - make sure they know all the losses and 3rd party damages and your own as well

stephenballantyne

did anyone else get injured in the accident?

Pretty sure I was the only person with injuries (I was the only person in the ambulance at least!).

Go and seek proper legal advice. Here is not the place to seek detaild advice.

No, I know. I just didn't want to start something that I would regret later on. I appreciate all the views so far. Just wondered if anyone else had been through something similar.

Steve

percusski

From what you say I can't see how you are in the wrong, as long as you were on your side of the road and obeying the highway code, it seems the car pulled infront of you causing the obstruction. The car should have waited until the way was clear for them to pull out.
If this is the case, they are at fault. Tell your insurance company as they may decide to pursue a claim on your behalf rather than increasing your premiums next year.