Accident Advice

Bikefotos
Bikefotos Posts: 59
edited August 2009 in Commuting chat
Just come out of hospital after losing a fight with a Ford Ka on Thursday morning. Spent 4 hours in theatre on Thursday night with the surgeons trying to put my face back together. My trusty steel framed British Eagle is broken along with several other items.

I need to know the best course of action regarding pursuing a claim against the driver (the police intend to charge the driver with careless driving). I am a member of British Cycling. Is it best to go through them or are are one of the specialist claims firms more effective?

Basically I was cycling on my way to work when a driver comes towards me on my side of the road intent on turning right into her work place. I had nowhere to go to escape ! Hit the bonnet. then windscreen and ended up over the top of the car. Lucky to survive !

If anyone can offer any advice I would be grateful.

Comments

  • Agent57
    Agent57 Posts: 2,300
    I've no advice, just want to say I'm glad you're still with us, and I hope you make a speedy and full recovery. Good luck with your claim.
    MTB commuter / 531c commuter / CR1 Team 2009 / RockHopper Pro Disc / 10 mile PB: 25:52 (Jun 2014)
  • RucA
    RucA Posts: 31
    Another 1 ? WTF :shock: it looks like thrusday was the "knock the cyclist day" as I was knocked over asweel, not so bad as u though, and the guy who hit me got no licence or insuranse :?

    Hope u get well soon mate, r u off the hospital yet ?

    About the advise I'm pretty shore that someone where u can give u some good tips about it.

    Speedy recovery.

    Pedro.
    TREK 1.7 comp 2008
    SPECIALIZED TARMAC comp 2009
  • cjcp
    cjcp Posts: 13,345
    Glad to read that you're ok (relatively speaking!).

    Which level of cover do you have with British Cycling? Contact them to see whether they can refer you to a specialist firm of solicitors and to see whether you have legal expenses insurance coverage too (check your policy terms too). If they do not refer to a firm, Russell Jones & Walker, Alyson France & Co or Leigh Day & Co are firms which have previoulsy been mentioned.

    Contact a solicitor before you try to make contact with the other driver/their insurers.

    Also check the BC website for guidance - perhaps do that before you ring them to get a feel for the area first.

    Write down a full account of what happened asap, so that you have as contemporaneous a note of the events as possible, and draw a diagram of the street layout, events etc.

    Have the police taken a statement from you? Do they have statements from witnesses? If not, are there any shops at the scene of the incident where the shopkeeper etc may have witnessed the accident?

    Do you have photos of your post-theatre battle scars? Photos may not add anything from an evidential point of view if you've had surgery, but take some all the same.
    FCN 2-4.

    "What happens when the hammer goes down, kids?"
    "It stays down, Daddy."
    "Exactly."
  • Thanks for the good wishes and advice. Out of hospital now so laid up at home - no riding for quite a while I think! Hope you are ok Pedro.

    Reading on the forum it looks like it has been a bad few days for cyclists. Something needs to be done to make riding safer on the roads.

    It's gold level of membership with British Cycling , so I hava all the insurance cover. I had some photos taken before and after the op, I'll post them when it's not close to meal time!

    Will make some notes as the police are calling back in the next couple of days.

    Phil
  • CanalRider
    CanalRider Posts: 194
    When I was removed from my bike many years ago my union provided legal support and I got my new bike. I was only bruised. Lucky I guess.

    I wish you a speedy and fully recoery.
    --
    Saw a sign on a restaurant that said Breakfast, any time -- so I ordered French Toast in the Renaissance.
  • jimmypippa
    jimmypippa Posts: 1,712
    I'll ask the mods to make this topic sticky...

    It keeps cropping up :(
  • tyskie
    tyskie Posts: 252
    It's deja vu reading your post Bikefotos. I got slammed into side-on by a Fork Ka almost 2 years ago now resulting in a broken leg, hand, bike etc. and 9 days in hospital. Managed to write the crappy little car off as well though. :twisted:

    I don't know what sort of service British Cycling offer so can't compare it with the CTC. Paul Kitson at RJW handled my claim. I used them via the CTC but I believe they offer to take on all claims on a no win-no fee basis. Paul even cycled around to my house whilst was I was incapacitated to take my statement etc. I was pleased with the service I got and the settlement (you should see my new IndyFab :D ). Wouldn't hesitate to recommend them.

    Good luck mate and PM me if you need any advice.

    Regards
    Stephen
  • Sorry I can't contribute with knowledge but all the best with the recovery, that's a horrible and sad story :(
    Kona Africabike 3 - 20kgs of love and steel
  • Hi
    I'm quite new on the forum and only found out about any bike forums after I was involved in an "incident". I realise that there are various tensions between forums but searching around I found this thread which might be of interest for anyone involved in an accident.
    http://www.londonfgss.com/thread4213.htm
    l
    A life lived in fear is a life half lived.
  • palaeobore wrote:
    Hi
    I'm quite new on the forum and only found out about any bike forums after I was involved in an "incident". I realise that there are various tensions between forums but searching around I found this thread which might be of interest for anyone involved in an accident.
    http://www.londonfgss.com/thread4213.htm
    l
    The line broke in an unfortunate place that broke the link. This should work:
    http://www.londonfgss.com/thread4213.html
  • benno68
    benno68 Posts: 1,689
    All the best for a quick recovery!

    Can't add to the advice about going to see a solicitor which is the best bet - a recommendation is the best and tyskie seems to know from experience.
    _________________________________________________

    Pinarello Dogma 2 (ex Team SKY) 2012
    Cube Agree GTC Ultegra 2012
    Giant Defy 105 2009
  • Thanks all for the good wishes and advice, and Benno68 the accident was in Cardiff so be careful out there ! I can recommed the University Hospital of Wales though - first class service from all departments. Although I hope you never have to take advantage of it!

    I've phoned British Cycling this morning and their solicitor has already been on the phone to me. So very impressed so far. I'll post with further news as and when.

    Phil
  • chaz81
    chaz81 Posts: 19
    Right.

    It is a legal requirement for the driver of the motor vehicle to provide his name and address, the registered keeper of the vehicle and it's correct VRM, under S170 of the Road Traffic Act. Get to the doctors and get your injuries documented. Take photographs of visible injuries and make a note of when and where the photographs were taken for continuity. Digital images are now admissable in court.

    You will need this (dependent on injuries etc) to pursue any kind of civil claim against the driver. You have mentioned that the Police are looking to prosecute. The Police would have completed a collision report book at the scene. Within this book will be the officers opinion on how the accident happened, based on the circumstances given to him by parties involved and third hand. A solicitor will apply for a copy of this book under DPA.

    I'm sure that there will be many that will reccomend a good firm.

    For those who are involved in an accident on the road with a Car/Bus/Lorry.

    Are you injured?

    If not, exhange names and addresses and let the insurance companies worry about who is at fault. The police do not need to know about it unless there are any specific driving offences. However, no court in this land will convict for a RT matter if there is only one witness(i.e. You) without CCTV/photographic evidence of a specific offence.

    IF you are injured, then you need to call the Police. This accident needs to be reported under 170(5) RTA 1988. Call Police using the 999 system, even if it is only a minor Injury. Be midful that you are also required to repoirt if the accident was your fault - i.e. RLJers etc.
  • benno68
    benno68 Posts: 1,689
    Bikefotos wrote:
    Thanks all for the good wishes and advice, and Benno68 the accident was in Cardiff so be careful out there ! I can recommed the University Hospital of Wales though - first class service from all departments. Although I hope you never have to take advantage of it!

    I've phoned British Cycling this morning and their solicitor has already been on the phone to me. So very impressed so far. I'll post with further news as and when.

    Phil
    :shock:

    Where did this happen Phil? I'll certainly try to stay out of the UHW but good to hear that they looked after you well.
    _________________________________________________

    Pinarello Dogma 2 (ex Team SKY) 2012
    Cube Agree GTC Ultegra 2012
    Giant Defy 105 2009
  • Where did this happen Phil? I'll certainly try to stay out of the UHW but good to hear that they looked after you well.(/quote]

    Happened on Ispwich Road, last Thursday morning about 8.15. I commute between Llandaff and Rumney about 4 times a week. It can be a tricky road especially on the corner where you turn to join Newport Road, but this happened on the straight part :shock:

    Just examined my helmet. Nasty dent on the back, thank God I was wearing it!
  • spen666
    spen666 Posts: 17,709
    Bikefotos wrote:
    ...

    I've phoned British Cycling this morning and their solicitor has already been on the phone to me. So very impressed so far. I'll post with further news as and when.

    Phil


    On a point of order


    You have not dealt with British Cycling's solicitor.

    You have dealt with a totally independent firm of solicitors that are referred tese sort of cases by BC.

    You could have gone direct to that firm of solicitors or another firm dealing with PI work.

    Effectively your details have been passed by BC to a 3rd party and the 3rd party have contacted you.

    This is one of the "illusionary" benefits of being a member of BC, or the CTC or LCC etc. You are getting nothing you couldn't get for the same cost if you were not a member of that organisation.



    Its a bit similar to the Wiggle "discounts" you get as a BC or CTC member and when you check you find anyone else not a member gets the same discounts - try it and see
    Want to know the Spen666 behind the posts?
    Then read MY BLOG @ http://www.pebennett.com

    Twittering @spen_666
  • Got nothing to do Spen???
  • spen666
    spen666 Posts: 17,709
    Bikefotos wrote:
    Got nothing to do Spen???

    Got plenty to do thanks, but correcting false information seems to be a good use of my time - even if false information is disseminated in good faith.

    Why should BC , CTC LCC etc be allowed to claim "false" benefits?

    BTW I am a member of both the CTC & BC and regularly recommend people on here and elsewhere to join one or more of the organisations- but for "real" benefits - not the false ones.
    Want to know the Spen666 behind the posts?
    Then read MY BLOG @ http://www.pebennett.com

    Twittering @spen_666
  • benno68
    benno68 Posts: 1,689
    Certainly a good job you were wearing a helmet! I know Ipswich Road although I've never cycled along there, I use Newport Road every now and then.

    Cardiff isn't too bad for cycling on the whole, although I've had my share of near misses with the occasional idiot - but who on here hasn't . :roll:
    _________________________________________________

    Pinarello Dogma 2 (ex Team SKY) 2012
    Cube Agree GTC Ultegra 2012
    Giant Defy 105 2009
  • Newport Road can be a bit hairy in places ! Cardiff is good if you are travelling North-South or vice versa, but not great across town.

    Llanishen always cracks me up as well - nice bike lanes with cars parked in them :shock:

    Think I'll stick to the Taff Trail as soon as I can ride again, and return to the road when my confidence returns.