What to do if someone crashes right into you.

hoathy

I got hit by a car on the way home on wednesday. my bikes a bit of a mess, does anyone know what the best thing is to do in order to make a claim?

nwallace

er, phone the police and report a Road Traffic Accident when it happens as your are legally required to do.

DonDaddyD

Its harrowing and something that should be made sticky - What to do in the event of an accident.

Were there witnesses who are willing to provide a statement? If so did you get their details?

Did you get the drivers details? If they drove off did you get their licence plate number?

I believe these are things you'll need/will help when you contact the police. You need to report it to the police follow their instructions.

I'm sorry to here you got hit by a car. I hope you weren't badly injured.

spursn17

DonDaddyD wrote:

Its harrowing and something that should be made sticky - What to do in the event of an accident.

Were there witnesses who are willing to provide a statement? If so did you get their details?

Did you get the drivers details? If they drove off did you get their licence plate number?

I believe these are things you'll need/will help when you contact the police. You need to report it to the police follow their instructions.

I'm sorry to here you got hit by a car. I hope you weren't badly injured.

We don't have licence plates, we have number plates.

Bloody microsoft english :x

Always get independent witnesses or any claim will be a lot harder.

Slow Downcp

Have you got third party insurance? If not, ring the CTC, they may still be able to help you out if you join them after the event. Membership also includes legal advice.

ademort

In all honesty, you are required to report a road traffic accident within 24 hours of it occuring.I am not sure as to how the police would pursue any claims made by you now. If you do go to the police then as above members have suggested, all the neccesary information such as time, witnesses driver details and the bike and any evidence that may help your case.Hope the plods can help, but as i,ve said i think you are too late.
Ademort

DonDaddyD

spursn17 wrote:

DonDaddyD wrote:

Its harrowing and something that should be made sticky - What to do in the event of an accident.

Were there witnesses who are willing to provide a statement? If so did you get their details?

Did you get the drivers details? If they drove off did you get their licence plate number?

I believe these are things you'll need/will help when you contact the police. You need to report it to the police follow their instructions.

I'm sorry to here you got hit by a car. I hope you weren't badly injured.

We don't have licence plates, we have number plates.

Bloody microsoft english :x

Always get independent witnesses or any claim will be a lot harder.

Dude its Valentines day and I've done half a bottle of champagne (Sorry Greg) fiddling with itunes while GF gets desert. Cut me some slack.... where's the love....

hoathy

Ok, all sterling advice. The police turned up, on a bike no less. I was taken away in an ambulance at the advice of the paramedics.

The PC called me and gave me the guys name, number plate and address. He admitted liability at the scene to the policeman.

Basically, I'm not sure if I need to get a solicitor involved or not, and if so, which one? Do I claim for my injuries or my bike and my jacket?

Slow Downcp

It's worth getting legal advice, even if the driver admits liability. A guy had a woman pull out on him - she admitted liability at the time etc, but later changed her story (repeatedly) to include the guy was riding on the pavement and just rode in front of her, she had witness (her six year old daughter in the back seat of the car) etc. Took around 12 months and finally settled out of court for a reasonable amount to cover bike, clothing, and injuries. If you don;t have insurance, or legal advice, the drivers insurers will just deny liability and drag things on forever.

ris

DonDaddyD wrote:

Dude its Valentines day and I've done half a bottle of champagne (Sorry Greg) fiddling with itunes while GF gets desert. Cut me some slack.... where's the love....

i believe that you have plenty of love at your place, with yer champers, desert, and barry white on the itunes. :P

spursn17

DonDaddyD wrote:

spursn17 wrote:

DonDaddyD wrote:

Its harrowing and something that should be made sticky - What to do in the event of an accident.

Were there witnesses who are willing to provide a statement? If so did you get their details?

Did you get the drivers details? If they drove off did you get their licence plate number?

I believe these are things you'll need/will help when you contact the police. You need to report it to the police follow their instructions.

I'm sorry to here you got hit by a car. I hope you weren't badly injured.

We don't have licence plates, we have number plates.

Bloody microsoft english :x

Always get independent witnesses or any claim will be a lot harder.

Dude its Valentines day and I've done half a bottle of champagne (Sorry Greg) fiddling with itunes while GF gets desert. Cut me some slack.... where's the love....

Ooops

One of my pet hates is the 'americanisation' of the English language. I realise that the language evolves all the time, but it seems like it's really picking up pace now. Newspapers (even some of the quite respected ones) are using words like 'trash' and 'sidewalk' now.

Sorry, off topic and rant over.

Steve Kish

In all honesty, you are required to report a road traffic accident within 24 hours of it occuring.

IIRC, this is only if you have suffered personal injury.

Go to a solicitor, as your claim will include an element of injury rather than just the bits for a new bike. Depending on the injuries, you may end up with a fair bit more than the bike but this will probably take ages, as the opposition will want to see how heal after the accident.

Be prepared to cough out for a medical report - this should eventually be refunded to you by the driver's insurance company.

prj45

Join CTC if you're not already a member and avail yourself of its solicitors.

hoathy

prj45 wrote:

Join CTC if you're not already a member and avail yourself of its solicitors.

is this likely to work?

prj45

Hoathy wrote:

prj45 wrote:

Join CTC if you're not already a member and avail yourself of its solicitors.

is this likely to work?

If injury to you was involved I'd say so yes. they're pretty good there apparently.

Steve Kish

Sure, but would they help if the accident took place before you became a member? They might just look on it as a cheap way to get legal representation.

Slow Downcp

Steve Kish wrote:

Sure, but would they help if the accident took place before you became a member? They might just look on it as a cheap way to get legal representation.

Possibly - or they may look at it as a chance to get a lifelong member.

hoathy

I was a member, but I forgot to renew, typical...

cullen_bay

OWNED

sorry, too much time on the internet.

Specialized Needs

Hoathy wrote:

prj45 wrote:

Join CTC if you're not already a member and avail yourself of its solicitors.

is this likely to work?

If you mean 'will the solicitors take it on retrospectively?' then, as Slow Downcp said, they may see it as a way to get good will. Even if not, they may still offer representation on a no win, no fee basis. The benefit, either way, is getting representation from solicitors with a great deal of experience of representing cyclists in such situations.

Can't hurt to contact them to find out, surely?

prj45

Yup, I doubt you'd even have to join to get put in contact with CTC linked solicitors.

Having said that it's a good idea to join because if somebody else starts trying to claim off you you've got third party insurance to cover it (of course, it IS too late for that).

glencp

Russell, Jones & Walker are cyclists specialist solicitors who will represent you on a no win no fee basis. They helped me when i was in an accident on my bicycle.
http://www.rjw.co.uk/

owenlars

My suggestion is to get in contact with the driver tell him what your damage is and estimated costs and see if he settles. Do this before you get a solicitor involved. What's the point in escalating something that may well get sorted out amicably without going nuclear?

prj45

owenlars wrote:

My suggestion is to get in contact with the driver tell him what your damage is and estimated costs and see if he settles. Do this before you get a solicitor involved. What's the point in escalating something that may well get sorted out amicably without going nuclear?

I've negotiated money back for a damaged bike through the third party's insurance company, it was a right pain though.

I've also had a wheel damaged and the guy admitted full liability at the scene, but then never sent the money. I threated with small claims and he returned a letter with a call asking how much I wanted (despite it being clearly written on the letter), but never sent the money and I just gave up.

edhornby

it doesn't have to be within 24hrs, PI or not although if you leave it ages then the other insurance company will fight harder

a passenger does not count as a witness - and the word of a 6yr old will not stand up in court !!!

alfablue

owenlars wrote:

My suggestion is to get in contact with the driver tell him what your damage is and estimated costs and see if he settles. Do this before you get a solicitor involved. What's the point in escalating something that may well get sorted out amicably without going nuclear?

I would strongly disagree with this advice, especially where there is an injury. The effects, even if not apparent now, can be life long, as I know from the constant neck pain I get from a whiplash injury sustained 10 years ago (the £4000 I got at the time seemed good, but with hindsight I now know I will have this problem for ever and it doesn't seem so wonderful). Using a solicitor and getting a proper medical examination and report will mean you injuries are properly assessed and compensated for. Insurance companies will also take the p*ss if they know you are unrepresented, and without advice you are very likely to underestimate your claim and / or goof it up!

hoathy

duncedunce wrote:

Hoathy wrote:

prj45 wrote:

Join CTC if you're not already a member and avail yourself of its solicitors.

is this likely to work?

If you mean 'will the solicitors take it on retrospectively?' then, as Slow Downcp said, they may see it as a way to get good will. Even if not, they may still offer representation on a no win, no fee basis. The benefit, either way, is getting representation from solicitors with a great deal of experience of representing cyclists in such situations.

Can't hurt to contact them to find out, surely?

i do mean that, but i was being too lazy to wirte it

Steve Kish

alfablue wrote:

owenlars wrote:

My suggestion is to get in contact with the driver tell him what your damage is and estimated costs and see if he settles. Do this before you get a solicitor involved. What's the point in escalating something that may well get sorted out amicably without going nuclear?

I would strongly disagree with this advice, especially where there is an injury. The effects, even if not apparent now, can be life long, as I know from the constant neck pain I get from a whiplash injury sustained 10 years ago (the £4000 I got at the time seemed good, but with hindsight I now know I will have this problem for ever and it doesn't seem so wonderful). Using a solicitor and getting a proper medical examination and report will mean you injuries are properly assessed and compensated for. Insurance companies will also take the p*ss if they know you are unrepresented, and without advice you are very likely to underestimate your claim and / or goof it up!

Sensible words - settle too early and you'll regret it with injury!

cougie

I would definitely go down the solicitor route - you should get full damages for your bike your clothes and any injuries or losses you have had. Alyson france at bike line has done really well for mates of mine.

hoathy

i wasn't injured too badly. no broken bones. but pretty heavy bruising.

my on-one's front wheel, carbon forks and handlebars have had it at least. I'm worried that the claim will be too small to cover the solicitors fees

cougie

You dont pay - it was the drivers fault so their insurance has to pay. I would take pics of all of your injuries too - that could help with your claim. Mate of mine got nudged off his bike by a car - all he had was a buckled wheel - scratched brake lever and some abrasions on the body - and it was well worth his time pursuing it.