Accident advice

barry_kellett99
barry_kellett99 Posts: 480
edited November 2009 in Commuting chat
Hey all, Just looking some advice.

I got knocked off my bike this morning by a right turning vehicle into my path. Police and ambulance at the scene and thankfully despite hitting the ground hard, I appear to be all ok bar some stiff bruises and tender cuts.

The police said at the scene that it was a straight cut case of careless driving on the drivers behalf and that she would be liable for all damages.

I am not one for the claim culture but I want my bike as good as it was before, and have left it into my LBS to be checked over. He is going to check frame alignment etc but immediately he has said he would not want to ride a alu road frame that had take a serious impact from the side. His reasoning is that the frame would be fatigued and a lot weaker than before.

It is a trek 1200

I want reimbursed for a ripped saddle, broken crud racer guards (first cycle on them!) and a smashed rear light. My rear wheel has a bit of a buckle in it but am happy for it to be trued if it is as strong as it was before.


Providing the car driver is happy for their insurance to pay up or pay up themselves outside of insurance claims, then I am happy enough. But should I be pre-empting them trying to get out of it? Should i contact a solicitor or something? Can the CTC look after me retrospectively? I am not a member but think I might join now

The police were at the scene, took all the measurements and notes, gave me the incident number etc and i am to go in tomoorow to give a statement, they seemed to do everything by the book and to the best of their ability.

Cheers for your thoughts in advance

Comments

  • hmmmm, write everything down and get a solicitor, people often say they'll pay for the lot, but then change their tune when they see the amount needed...

    Bad luck getting hit :(
  • cougie
    cougie Posts: 22,512
    Yes - get a cycling friendly solicitor onto it - you need professional advice or they'll wriggle out of as much as they can.

    Bikeline have worked well for friends of mine in the past. Good luck.
  • Yes, it was bad luck, but just glad I seen her and half expected it to happen as I approached the junction, I am convinced getting on t he brakes early and swerving into the side road meaning she hit my rear wheel rather than me going right over the bonnet or worse over the top of the car.

    I'll wait until i get the LBS report before taking the next step
  • fossyant
    fossyant Posts: 2,549
    Oh and watch out for injuries, my knackered shoulder didn't show up for a couple of weeks - went swimming and crunch..crunch....£2k of physio, 1 year later and it's properly buggered.

    Deffo use a solicitor if things don't go to plan. Write it all down, listen to the LBS - if they say replace, then get the quote, show to third party, and watch them fall over.....it will most likely go the insurance route.
  • cougie
    cougie Posts: 22,512
    Dont delay whilst waiting for the LBS to come back - get it kicked off now. And any injuries, bruises, grazes you have - get photos of those too. And all your kit.

    Cover your ar$e !
  • Rich158
    Rich158 Posts: 2,348
    It's an almost identical accident to one I had in August, and I'm still waiting for the insurance co to admit liability. Definately get yourself a solicitor, they'll then handle everything for you and get you the best settlement. iirc the insurance co has something like 28 days to aknowledge your claim, and then 3 months to investigate liability, so the sooner you get the claim in the better. If any injuries etc become apparent at a later date your solicitor can just add it to the claim. Oh and keep a receipt for absolutely everything, you'll need it. Good luck with the claim mate, at least you're not seriously injured.
    pain is temporary, the glory of beating your mates to the top of the hill lasts forever.....................

    Revised FCN - 2
  • Rich158 wrote:
    It's an almost identical accident to one I had in August, and I'm still waiting for the insurance co to admit liability. Definately get yourself a solicitor, they'll then handle everything for you and get you the best settlement. iirc the insurance co has something like 28 days to aknowledge your claim, and then 3 months to investigate liability, so the sooner you get the claim in the better. If any injuries etc become apparent at a later date your solicitor can just add it to the claim. Oh and keep a receipt for absolutely everything, you'll need it. Good luck with the claim mate, at least you're not seriously injured.

    Thanks Rich

    All good advice.
  • Bikerbaboon
    Bikerbaboon Posts: 1,017
    If you have there number or contact details then contact them first and see if they are willing to pay for what you want. Send them an estimate from the bike shop If they pay great if they don't pay then get legal advice. Once the legal prof and insurance company gets involved you are talking months if not over a year for a result if her insurance wants to stall.
    Nothing in life can not be improved with either monkeys, pirates or ninjas
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