Knocked off this morning, how do i get back on the road

Hurricane151

hi, I was knocked off this morning by a guy pulling out of a junction without looking lifting me onto his bonnet and slamming me into the road. spent the morning in hospital but no major damage to me, just a badly brusied back and a few cuts. helmet took a decent whack on the road too, glad i had that on!!

the problem i have is gettinf my bike sorted. rear mech smashed, somthing wrong with the rear wheel, shifter smashed and a few other scraps etc, not really assessed it fully. The issue I have is how do i get this sorted and back on the road without being left out of pocket?

the driver has been charged with careless driving and has admitted fault. he is also insured.

I have never claimed against any insurance so was wondering what i need to do. I contacted a no win no fee company and they only seemed interested in me and said they could claim for bike, helmet, shoes etc as long as i have receipts (which i don't) and can document the damage myselfbut this would be as a "special" on the claim.

Just wondering what your thoughts / expereineces are to help me get things sorted. do i trust the no win no fee people to get me cash for the bike or do i persue it myself with the otjher guys insurance?

any help greatly appreciated

moonio

talk to the CTC http://www.ctc.org.uk/
They offer 3rd party insurance plus free legal advice.

Neil Holland

Bummer H151.

Hope you're OK.

I had a similar experience as a student 15 years ago and communicated directly with the driver's insurance company.

At the time I tube commuted for a while. Not sure whether you should go ahead and get the bike fixed and then claim back? I'd put a call into the driver's insurance company sooner rather than later. I guess you'd be advised to not try and ride until you're mentally and physically over this morning's trauma.

I wouldn't underestimate the shock to the system.

Take care

N

Hurricane151

moonio wrote:

talk to the CTC http://www.ctc.org.uk/
They offer 3rd party insurance plus free legal advice.

thanks but i'm not a member of CTC. guess joining now's no good is would need to have had this in place prior to the accident.

moonio

I think they can still help you if join now, call them and see.

artaxerxes

Hi Hurricane151
Sorry to hear about the accident and at least there seems to be no permanent damage to yourself!

After my accident I just got a damage assessment done at my local bike shop. They produced an itemised list of everything that needed to be fixed or replaced (including lights, re-truing wheels etc). I then sent that to the driver who had earlier agreed to pay for any repairs. I am a member of the CTC but I didn't use their services at all.

Aidy

CTC links to here, which reckons they're happy to provide support for CTC members and non-members alike.

The FAQ section says that CTC membership entitles you to free legal advice, and so you don't have to pay legal fees - but if the driver has already admitted fault, there shouldn't be a problem having legal fees covered by his insurance, right?

Hurricane151

great thanks for that but my just reminded me that i joind BC last month!! so i have contacted them and they were reallly helpful and it has been passed on to their solicitors so just waiting to hear from them.

Need to get the bike checked out. but that might have to wait a couple of days.

Rich158

Hope you're ok mate, I was knocked off about 4 weeks ago, and the no win no fee guy you contacted is correct. Essentially a letter of claim has to be sent to the other parties insurers, which they have to aknowledge within 21 days, and then have 3 months to investigate. The claim will be split into two sections, general damages (personal injury) and special damages (quantifiable items ie damage to the bike etc). Even with a solicitor I've had to get damage reports from my LBS, provide evidence of ownership of all my equipment (receipts, photo's etc) document all damage, get damage reports done and provide replacement values etc. As I understand it they need all this info as they have to follow a set protocol for setting out your claim. And make sure you have photographic evidence of all your injuries.

I'd either get in touch with the CTC or BC and see if they can help, if not get on to the no win no fee guys, you'll need them to ensure you don't lose out in any way.

Sorry to be the bearer of bad news, but this all takes time. In my case it's about 4 weeks since the accident, I'm still not on the bike, and my claim is still to be lodged as the police haven't responded with the other parties details. From talking to my solicitor I'd get prepared for a long haul.

Hope it all works out quickly for you mate and your back on the bike soon

Specialized Needs

Glad you are not too badly hurt at this stage - although others have reported feeling more in pain after some time, once the adrenaline has worn off.

The company providing the legal advice through the CTC will work with others on I think a no win no fee basis (I stand to be corrected on this, however). It seems sensible to get a company with a wide experience of cycle claims involved [edit: and I would expect them to be able to deal better with the possible attempts by the insurance company to minimise its own costs than I would expect an average person to do]. I am sure several people will have recommendations here, not just for the CTC linked solicitors.

The standard advice people seem to give is to document everything. Also consider the cost of any consequential costs (clothing, time off work, medication, travel costs - but keep it defensible, it may be difficult to claim a personal limo as a necessary additional expense ).

There seems to be a gut instinct in many of us to play things down, but IMO you should not be unnecessarily inconvenienced, and the costs of putting you as close as practically possible into the position you would have been in (personally, mentally, physically, financially, work-wise and socially) had this event not have occurred is a reasonable starting point.

But then, I am sure you will received some other helpful comments here.

dilemna

See the below thread which was posted very recently by some one in similar circumstances to you.

http://www.bikeradar.com/forum/viewtopi ... highlight=

CTC act as a forwarder referring their members who have claims against third parties to a firm of solicitors they have an arrangement with in this case Russell Jones Walker. You don't have to be a CTC member for RJW to take your case on.

When I was knocked off 10 years ago I rang RJW for intial advice but was not that impressed compared with other solicitors I had spoken to. In the end went with Cycle-Aid who advertise in the back of Cycling Weekly on a no win no fee basis. A solicitor will more than likely take the case but only on a no win no fee basis which does not mean if you lose you don't pay. It means you don't pay your solicitor for their costs but you still have to pay for disbursements and the other side's costs which can be expensive which you can insure against. The premium of which is based on the likelihood of winning your case.

In your circumstances it may well be the case that liability is not an issue if the driver is successfully convicted of a motoring offence such as driving without due care and attention which caused the collision with you. A finding of guilt in a criminal prosecution for an offence can be used as prima facie evidence of negligence in civil proceedings.

I would speak with a number of solicitors specialising in personal injury and preferably cycling matters to see who you feel comfortable with. Avoid claims handlers. LCC has some who advertise in the back of their mag. Each should explain the legal position and the mechanism for recovery of any losses, repair or replacemnt costs for your property and give you a rough indication of the the damages you might win for your injuries subject to further asseements. They should also give you an indication of the over all cost to take on your case and their fees all followed up in writing.

But more importantly tend to your injuries. Take lots of pics and of the damage to your bike. Keep a diary. Go see your GP who will also document them and who will be approached at some point by your solicitor for a report.

Take your bike to a decent bike shop for an estimate of repairs and get estimates for replacement or repair of any other items which your solicitor will need to present ot the other side once you have instructed one.

A decent personal injury solicitor will have access to numerous specialists that they engage to assist your claim. You are entitled to compensation that reflects hypothetically putting you back into a position you were just before the accident.

Keep a diary of all correspondence with which ever solicitor you use until completion. Note the content and duration of any callls and keep all letters.

Get well soon and good luck.

fossyant

BC's solicitors are fine - thety are handling my case.

Get quote from bike shop, get bike fixed, parts replaced. Worth taking photos of damaged parts/clothing/helmet.

You will be out of pocket for a time until an interim payment is made - depends upon the third party's insurer. I got parts paid for within about 6 weeks - bike was back on the road immediately, as I paid for the parts and got a quote from my local bike shop.

My injury claim is still going on, after 10 months, and I still have about £1k of 'costs' to recover.