knocked off my bike advise needed

Ellio

On my ride into work yesterday morning i was knocked off my bike by white van man cant totally remember how it happened but was going round a big roundabout and he didn't stop and smacked into the side of me. I fell and at first only seemed to have a couple of cuts but soon the pain started so went to hospital and i have a fractured radial head (broken elbow) bike is in a pretty bad state as well.

I have set the ball rolling with the claim but was just wanting a bit of info if anyone can help.

I am going to need to get a new bike as cycling is my only way to get to work (getting lifts for now but wont last long). if i make a claim will the money for the bike come through quickly or will i need to buy one and then claim the money back. also do some places give cheques that can only be spent on bikes? I have a possible option of getting a bike through ride to work but not sure what will be best to do.

Any one else been in this situation? what happened?

pinkbikini

1 - sorry about accident, glad you're basically ok
2 - don't rush the recovery - riding with broken elbow doesn't sound like much fun
3 - are you claiming off van driver's insurance? has he admitted liability? or off your own insurance of some kind? can you claim for cab fares if you cannot get lifts?

Anonymous

Glad you aren't too bad.

Get yourself checked out
Report to the Police

will3

Aha, basically my advice is to employ the claims lawyers. I did i the hard way without legal vultures. It took forever. My Mrs used the legals, didn't take forerver.
If I was to do it again, I'd use the legals as not using them confuses the insurers.

Regarding the bike - the insurers will probably try and get you to replace it through wheelies direct. This is because they have a deal with them. However, if you stick your ground,, you should be able to get a cheque out of them. Get the bike to a bike shop and get them to quote for repair/replacement on headed paper. This will normally serve as the cost of replacement, but does not necessarily mean that you have to get it replaces/.reparied at that bike shop. The shop may charge you for this quote, which is understandable, but you should be able to claim this back.


Write down everything. Make notes on phone calls etc etc.

BTW did you inform the police? I think you should since you are injured.....

bompington

I was knocked off a couple of years ago, the driver's insurance settled pretty much immediately (based on quotes) for damage to bike & clothing - sadly the bike was nearly undamaged as I landed on my head, still attached to it, so it wasn't much!
But as for my injuries, we're still negotiating 21 months on - every time I think I'll just get a lawyer, they seem to move a bit forward, but things are really slow - they made their first offer based on the report of their contracted physio company, who spoke to me once on the phone, and it's taken all this time just to get an independent orthopaedic opinion - except that they insisted on their choice of orthopod.
I'm still waiting to see what they come back with, if it hasn't gone up then it looks like I'll have to get a second opinion, hopefully I'll get my settlement before I'm too old to ride...

will3

PS my other piece of advice if you're claiming of the WVM's insurance is to claim for the injury, even if you're only interested in replaceing the bike. It will mean that the insurers take your claim much more seriously and will speed things up. If you really don't want the compo, send it to me or charity or whatever.

will3

bompington wrote:

I was knocked off a couple of years ago, the driver's insurance settled pretty much immediately (based on quotes) for damage to bike & clothing - sadly the bike was nearly undamaged as I landed on my head, still attached to it, so it wasn't much!
But as for my injuries, we're still negotiating 21 months on - every time I think I'll just get a lawyer, they seem to move a bit forward, but things are really slow - they made their first offer based on the report of their contracted physio company, who spoke to me once on the phone, and it's taken all this time just to get an independent orthopaedic opinion - except that they insisted on their choice of orthopod.
I'm still waiting to see what they come back with, if it hasn't gone up then it looks like I'll have to get a second opinion, hopefully I'll get my settlement before I'm too old to ride...

Or in other words, get a lawyerr, it won't [directly] cost you anything, it just adds to everyone else's premiums :roll:

Ellio

police know and the van driver was very helpful and gave his details

Just called a lawyer who specialise in cycle accidents so waiting to hear back

Anonymous

Super

pompeypoppy

All the best. Hope everything gets sorted quickly

CiB

Regarding original question about payout, it'll depend on the insurer as to how you replace your bike. Some will insist on using their preferred supplier to replace the bike; if that's ok with you great. If you want either a direct replacement, or would like to take advantage of the incident and upgrade using the payout as partial funding of new steed from a different supplier, that should be possible, but you may be badgered into accepting a smaller amount based on the insurer's potential (and lost) discount with their preferred supplier.

In short, be clear in your own mind what you want to do, stick to it and be prepared to have to fight for it.

Frank the tank

I got in touch with Alyson France (no win no fee) hassle free and got me a good settlement.

funckchicken

i have some professional perspective on all this. my advice:

1. report the matter to the police.

2. have you got the white van's and /or the driver's details? if not get them whatever way you can and also those of any witnesses to back your story up just in case he starts to deny your version.

3. as soon as you get his personal details instruct a solicitor. if the white van driver was at fault they will likely take it on a "no win, no fee". they will deal with his insurers and keep the pressure on them to move your claim forward and it's less hassle for you all round.

4. keep receipts for everything you spend - prescriptions, taxis, physiotherapy etc. don't take the pis* on your spending though - you are under a duty to mitigate your loss.

5. if you need a replacement bike buy it. if the driver is liable you'll be able to claim it back, but you'll only be compensated for up to the value of your old bike.

6. you have effectively 2 parts to your claim - your personal injury and your property damage. the personal injury claim will take longer to resolve as you may need further treatment and have some ongoing symptoms and you will likely need to be examined by an orthopaedic medical expert and maybe even his insurer's medical expert also.

the property part of your claim has the potential to be resolved more quickly, but this is all down to how his insurers want to play it and they can decide that they want to wait and settle all of your claim (i.e. personal injury and property damage) all in one go. however if his insurers admit liability you can ask for an early interim payment on your damages to tide you over.

hope this helps. keep us posted as to how you get on.

mrushton

we recently used www.cycle-aid.co.uk after my partner was knocked off her bike. The settlement took about a year but she got a reasonable amount. BUT, the money is not the issue. She required a few sessions of physio to help her injured shoulder (£30+ per session) and a wheel needed truing and the other wheel required a new rim. It can be weeks later before you find you require physio or a bike part is damaged and you didn't realise. Cycle-aid were really good and kept us informed all the way.
You can't rely on goodwill on the part of the driver/their insurance. Just get a professional on the case.

fossyant

As mentioned, get a good solicitor on the job - ideally cycle experienced. I'm through British Cycling, and I've had two interim payments for bike repairs and physio. I'm still having twice weekly physio on my shoulder at £39 a session - the cost adds up, and that's 7 months after the accident.... has MRI and nerve tests, and now waiting to go back to my consultant. My solicitors will also be getting an independent consultant to assess the damage (shoulder and nerve damage in my spine in my case)