Knocked off at Hammersmith roundabout (Nov 2009)

Jamey

I'm fine, bike's going to need some repairs and my iPhone is smashed

Here's what happened:

I was about to come off the roundabout onto Shepherds Bush Road, the last road before this exit is a one-way street coming onto the roundabout so you can't turn into it from the roundabout. Traffic was a bit heavy so I filtered down the left ready to take my exit.

Despite the one-way road a car still began turning left as I went past on the inside, hit me and off I came. It was fairly low speed on both parts so not too dramatic (little bit of a dive and slide across the tarmac but nothing too bad) but as soon as I felt the contact I know the front of my bike was going to need looking at.

He got out of the car (young-ish chap, mid-late twenties, Aussie I think) and apologised, asked if I was OK etc. I asked where he was trying to go and he said he'd been about to pull over into a small parking area by the side of the roundabout to let passengers out, which I'm sure was true but the area was right in front of him, I'm not sure why the left turn was needed.

Anyway, I've got his details and I really hope he's got insurance as the phone on its own is going to be about £400 and there's going to be a few hundred quid's worth of bike stuff to do.

What I've spotted so far:

1) I think the fork is bent. When you spin the wheel it runs true but it looks funny in the frame and the front brakes have to be adjusted waaaay over to one side, to the point where it's basically impossible to set them right.

2) Rack is bent.

3) Left shifter is bent way inwards, but still works. Right shifter bent slightly inwards and still works.

4) After the accident the rear brakes had been affected as they were locked onto the wheel, but looking at it now I can't see what's wrong. They seem OK.

There may be other things I haven't spotted yet, will be taking it down to GB Cycles tomorrow to get them to look it over and write me up a proper list that I can use for insurance purposes.

I've got the bike (and phone, I think) covered on my home insurance but I presume that I need to do this through his insurance and forget about my insurance company.

Or should I still let my insurance company handle his insurance company?

Coriander

Bad luck Jamey, but am glad to hear that you're OK.

Clever Pun

glad you're ok

if you have an insurance company let them know what the deal is and they'll claim for you ... I think

Edit:
Clicky

Cafewanda

Ditto Cori's post.

Sewinman

Unlucky, glad you are well.

Jamey

Thanks guys.

Clever Pun wrote:

if you have an insurance company let them know what the deal is and they'll claim for you ... I think

Well my bike is insured on my home contents policy. I have all risks (which should cover the phone) and then a special bicycle add-on thing which covers the bike fully.

So it's not a proper cycling third-party type road policy, just that the bike itself is covered as a separate, named object with an associated cost on my home insurance.

Does that change things, do you think?

lost_in_thought

First and foremost, bad luck, bear in mind that injuries from this type of thing can take a couple of days to surface. Take it easy.

For the insurance, I'd ask your home insurance company, explain the situation, and see what they say. If they say it's not their area then at least you know where you stand. My home cover, for example, covers my bike for theft but not for accident damage, so I can't imagine they'd fight a road traffic claim for me.

I do think, however, that if the need arises the CTC will cover you retrospectively. There was a thread yesterday asking for accident advice that might be worh a read.

BentMikey

Oooh bummer, sorry to hear that.

I'd join the CTC, although they won't do anything to "cover" you - that'll be std lawyer stuff. I'd also go with bikeline (Alyson France) or the CTC lawyers right away. Those are some significant losses, and the driver might well change his mind about who's to blame and who's going to pay after finding out just how much a new iphone and bike is going to cost him.

stuaff

+1 to the above. Too many people on here in accidents recently, at least you (if not the bike) seem to have escaped injury. Might be an idea to get yourself checked out too...

Rich158

Glad you're OK mate.

I'd try your house insurance, but ultimately the CTC or a no win no fee lawyer may be your best bet. Insurance co's will try to wiggle out of everything they can and you need someone to fight your corner. The one thing that annoys me is your meant to mitigate your losses, ie do everything as cheaply as possible, so having a solicitor on your side to argue for you is a must in my opinion.

Jamey

Great advice, cheers. I hadn't even thought of a no-win-no-fee lawyer, that's a really good idea.

So Bikeline or the CTC lawyers are the best bets, are they?

Jamey

Oh, just found this link I saved ages ago:
http://www.rjw.co.uk/legal-services/acc ... a/cycling/

Are they ^^^ any good?

mapleflot

Tangentially, re: the phone smash, this brings up a question of where is the best place to put your phone to avoid damage in an accident. Worst case scenario...If you get knocked down in the countryside and its a hit and run or you are otherwise isolated you may need your phone in a hurry if you have an injury that is turning serious.

Wallace1492

Not so good mate, hope all is well.
Thankfully never had an accident like that, so never done any claims, but have joined CTC just in case..... My injuries are self inficted for now.....

redddraggon

mapleflot wrote:

Tangentially, re: the phone smash, this brings up a question of where is the best place to put your phone to avoid damage in an accident. Worst case scenario...If you get knocked down in the countryside and its a hit and run or you are otherwise isolated you may need your phone in a hurry if you have an injury that is turning serious.

Centre pocket of Jersey/Jacket, which is also the pocket I put spare clothes. I smashed one phone, when I crashed with it in my saddle bag.

gert_lush

mapleflot wrote:

Tangentially, re: the phone smash, this brings up a question of where is the best place to put your phone to avoid damage in an accident. Worst case scenario...If you get knocked down in the countryside and its a hit and run or you are otherwise isolated you may need your phone in a hurry if you have an injury that is turning serious.

Glad you are ok Jamey coild have been nasty

On my commute the phone is just in the pannier and is fine in there in all the trouser/shirt padding, have had 2 offs in the last 18months and both times everything in the pannier including phone/computer have been fine, when I am mountain biking I have it in a small waterproof pouch in my camelback, and when Road riding tend to again have it in a waterproof pouch either in back jersey pocket or in my saddle bag where it seems pretty happy.

leoccp

mapleflot wrote:

Tangentially, re: the phone smash, this brings up a question of where is the best place to put your phone to avoid damage in an accident. Worst case scenario...If you get knocked down in the countryside and its a hit and run or you are otherwise isolated you may need your phone in a hurry if you have an injury that is turning serious.

Good point. I keep mine in my pocket, it even has some road rash on the back where I slid down the road on it once :shock: Saddle pack might be a good place :?:

BiggerBoat

I'm glad you are ok. Bike sounds a write off tho, it's the damage you don't see that can be a problem. +1 for panniers and phones

Jamey

My phone was in a pannier, inside the separate section at the back, with an iPod sock (little wooly case) around it.

I think the corner of my tupperware lunch box hit it dead on in a freak accident stylee.

Have called both Bikeline and RJW lawyers and expect to hear back later today or Monday as to whether they'll take my case on. Going to go down the police station now and report it. Have tried to call the bloke a few times to give him the opportunity to say whether he'd rather settle it up in cash but he's not answering so I left a message.

I doubt he would want to anyway tbh. The best case scenario is that the phone can be repaired instead of replaced and the bike only needs a new rack and fork, but even that would run to about £300, I would think.

graeme_s-2

Jamey wrote:

Oh, just found this link I saved ages ago:
http://www.rjw.co.uk/legal-services/acc ... a/cycling/

Are they ^^^ any good?

They're the CTC lawyers. They're handling a claim against the MIB for me which the CTC are funding after a hit and run. Very impressed with them so far. They seem to understand cyclists.

Jamey

Weird... Now the front brakes look ok again and the front wheel looks ok in the fork too. I haven't touched the bike (sat here next to me as I brought it into the office rather than leave it in the car park) since earlier but the damage doesn't look as bad now.

will3

Jamey wrote:

Weird... Now the front brakes look ok again and the front wheel looks ok in the fork too. I haven't touched the bike (sat here next to me as I brought it into the office rather than leave it in the car park) since earlier but the damage doesn't look as bad now.

Take a long hard look. Then look again. It've not noticed some pretty bad damage post accident before, mainly because I was fussing over something else.

Jamey

Well it's going to the shop (Geoffrey Butler) tomorrow and I'll get them to write out a full list.

I think the forks on Tricrosses are carbon, aren't they? I don't want to take any chances with that.

I did start to ponder whether the fork itself was ok but maybe the steerer tube had bent and perhaps taken the head tube along with it.

The good news is that a replacement iPhone is only £130.

Jamey

Gonna have to take the bike home on the train. Really not looking forward to all the Friday-night London commuters looking at me funny as I try to find some space in the carriage.

Jamey

Updates:

• Taking the bike home on the train wasn't as bad as I thought.
• New iPhone was £139 in the end.
• Quote from GB Cycles totals £350 worth of repairs, the bulk of which is a pair of new Tiagra shifters and a service.
• The bloke who knocked me off isn't answering his phone.
• Bikeline's lawyer was very friendly, helpful and gave me plenty of tips & advice but explained that he wouldn't be able to take my case on himself as it was below the payout threshold for them to reclaim costs from the other party (must be injury worth over £1k or damage worth over £5k for them to work for free).
• RJW (the CTC lawyers) have no such worries and will probably happily take my case on because they're keen to be seen to be helping cyclists and will often (but not always) work on a case even if they won't make their money on it.
• Have left a voicemail on the guy's phone saying he can settle up in cash for £480 (£350 bike plus £130 phone) or he can go down the insurance route, but if we do the insurance thing I'll have a lawyer who'll claim for injury as well, plus I'll have to report to police. Given him until the end of the week before I just go ahead and start a claim with RJW lawyers.

Jamey

So, the guy's sent me an email (I gave him my email address at the scene) saying he's working nights, which is why he hasn't been aswering and he'd prefer to talk via email. Fine by me. He also said he was going to take his car to a body shop (there were a few scratches from my pedal) before he makes any decision.

Starting to smell like he's going to say it wasn't his fault.

I've asked him what he sees as the next step after he gets a repair quote for his car and I've told him I want to get things moving ASAP so I'll instruct my solicitor to proceed on Friday and will report to the police.

I have no witnesses, though. The lawyer knows this and hasn't suggested it would be a problem but if the chap gives a different description of events I'm not sure what will happen.

Guess I should be asking the solicitor that, really... Just thinking out loud.

Jamey

Update on this story...

The lawyers initially said they would take my case on but have now changed their mind and said they won't as it's not likely to make enough money (needs to be over £10,000 for damages or over £1,000 for injuries).

The bloke has gone silent, not answering emails or phone calls.

Small claims might be an option but it'll cost about £100 to begin the claim and I haven't got the first clue about representing myself legally.

Not sure what to do.

northstar

The bloke has gone silent, not answering emails or phone calls.

If you've reported it to the police, surely you can tell them that, I take it you know his name and address?

Jamey

Police contacted me quite soon after I reported it to say they weren't taking it any further. Even though (according to the lawyers that were meant to be taking my case on) the bloke isn't listed on the insurance database.

And before anyone mentions the Motor Insurers Bureau, I had a read of their site and it seemed to me like the other party involved in the accident needs to give their consent to you going through the MIB which strikes me as insane because who in their right mind would officially admit (on paperwork) to driving without insurance.

northstar

To be honest, it sounds like the MIB are fobbing you off (and the police for that matter)

Whether it was accident or not, surely they have a responsibilty to chase him on your behalf? I don't know all the legal ins and outs though but it just doesn't sound right.

Jamey

The problem is that these things always involve chasing people in a legal capacity... When you have an accident in your car you claim on your own insurance and your insurer's team of lawyers chase up everything for you.

On a bike you don't have to have insurance (some people do but I don't) so it's down to you to do all the chasing.

If there's enough money in it then a third-party lawyer will do it for you but there isn't enough money in my case.

Injury is different, that's a proper crime and the police will deal with that, but property damage is a civil matter, not a criminal one.