Bike and knee damaged in crash...is no-win-no-fee worth it??

d.mart

Don't know if anyone has been in a similar situation but I cuold use some advice anyway please. I know this is outrageously long but if you have the time please read through...thanks.

I was involved in a minor accident on the way home from work a couple of weeks ago. I was stopped to to the left hand side of the right hand lane (so in the middle of the carriageway) at the roundabout between Jamaica Rd and Lower Rd in Rotherhithe. I was going to leave at the third exit down Lower Rd towards Canada Water and Deptford so believe I was correctly placed.

There was a Ford Transit to my right about level with my rear wheel waiting to enter the roundabout also. Watching traffic proceed round the roundabout I saw a Toyota Yaris coming round and heard it accelerate slightly to clear our entrance to the roundabout. I carried on looking to make sure the gap behind him was of sufficient size. I didn't watch him so when I judged he should have cleared the 'KEEP CLEAR' box in front of our entrance I started to roll away. As I clipped in I looked back and saw he was half in the 'KEEP CLEAR' box still, grabbed the breaks and managed to unclip but was too late to avoid bumping into his rear left tyre with my front tyre. The back tyre popped up about 6 inches which was fortunate I guess as the van who was behind me at the junction drove into it slamming the bike round into the car.

How I managed to escape without injury I'll never know although both of us pulling away helped I guess. There was damage to the car caused by my handlebar and pedal but the van was unscathed. A motorcyclist pulled over as we cleared the junction and gave me his details as an independent witness but the police weren't called (which was a mistake on my part) and we all swapped details and went our seperate ways. I took the bike into an LBS and asked them to cost up repair and they reckon the wheels are both buckled and the forks are twisted as well as possibly the frame. Total cost to repair £243 and since it's a 5 year old Claude Butler isn't worth it. My knee also seems in the week following to have developed a worrying inability to take rotational or lateral force. It's getting better though so fingers crossed. I've been to my GP (fat lot of good that was) a couple of times to be told it's most likely a light sprain of the ligaments in the knee and to rest for a few weeks and take some painkillers...cheers.

I filled out a road traffic incident form and handed it to the local police station for them to forward on but haven't heard anything yet. Going through all my insurance policies (house and contents etc) I find that I'm not covered under any of them for this kind of thing which leaves the no-win-no-fee option. I've read through all the stuff they sent and to be honest I don't want to get involved but also I don't to be left with no bike, a f***ed knee and nothing to show for it.

Sorry for the thesis but any advice would gladly be accepted.

Clever Pun

I know the roundabout I use it everyday I know exactly what you mean about that keep clear section too.

I feel you were at fault driving into the back back of the car and the van just followed you rather than checking again himself. It'll be very difficult picking the bones out of who's to blame for damage to the car and your bike and since you wern't insured this could prove costly or not...tricky one

Talk to a cycling related solicitor to ask about costs etc or join the CTC and talk to them.

I can just imagine the van driver trying to weedle their way out of any payment for damage to your front wheel...

if your frame is knackered don't risk it... better to bite the bullet get yourself a new bike and look forwards as well as at the oncoming traffic

I doubt that really helps much

d.mart

Clever Pun wrote:

I know the roundabout I use it everyday I know exactly what you mean about that keep clear section too.

I feel you were at fault driving into the back back of the car and the van just followed you rather than checking again himself. It'll be very difficult picking the bones out of who's to blame for damage to the car and your bike and since you wern't insured this could prove costly or not...tricky one

Hmmm, this is going to be a stinker. Feels a bit harsh to be found at fault when my initial impact did no damage (my tyre hit his tyre) and that would have been that had the van not then driven into me.

Still like you say I'll get hold of the CTC and see what they say / recommend.
Thanks for taking the time to read through it all.

lost_in_thought

I am not a lawyer or a policeman or anything like that...

But I had an accident a few years ago in my car when I rear-ended someone who had already rear-ended the person in front of them.

I was told (and the insurance claim reflected this) that the person I hit was at fault because they had already hit the person in front of them.

God knows if the same applies in your case seeing as, as you say, the van propelling you forward caused most of the damage. I would strongly recommend (as CP says) getting in touch with the CTC.

rolf_f

Don't see why you driving into the car - you'd have had liability for damage to it but as you say there wasn't any. Doesn't in any way let the van off for driving in to you. Blame should be entirely straightforward. I'd just claim off the van drivers insurance. If the doctor reckons you'll be OK I'd say not to waste your life trying to get injury compensation though.

d.mart

lost_in_thought wrote:

I am not a lawyer or a policeman or anything like that...

But I had an accident a few years ago in my car when I rear-ended someone who had already rear-ended the person in front of them.

I was told (and the insurance claim reflected this) that the person I hit was at fault because they had already hit the person in front of them.

God knows if the same applies in your case seeing as, as you say, the van propelling you forward caused most of the damage. I would strongly recommend (as CP says) getting in touch with the CTC.

Thanks for reading through the copious explanation, and yes I think I'll join CTC and if necessary go through their solicitors.

Thanks for the reply...

d.mart

Rolf F wrote:

Don't see why you driving into the car - you'd have had liability for damage to it but as you say there wasn't any. Doesn't in any way let the van off for driving in to you. Blame should be entirely straightforward. I'd just claim off the van drivers insurance. If the doctor reckons you'll be OK I'd say not to waste your life trying to get injury compensation though.

No I was thinking the same thing. As long as I'm not massively out of pocket replacing / repairing the bike I'm fine with that. I'll see what CTC say too.

Slow1972

I agree with Rolf F.

As I understood it for the 3 car situation if the middle had car had stopped and the rear car knocks the middle into the first, then the rear car is laible for dmage to both front and middle (he caused both lots). If the middle has already hit the first, the middle is responsible for fronts damage and rear for the middle's damage.

BUT: You may have a bit of an evidential problem in showing any damage to the front end was caused by the van hitting you and not due to you ploughing into the back of the car.

If you're insured with BC or CTC etc I'd def give them a call.

CiB

Based on your description, there are two incidents. The first is your meaningless bump into the stationary car, the other is the van running into you and doing some damage.

In general the driver running into the back of a vehicle is usually deemed at fault unless he can show good cause. From what you've stated here he doesn't have any mitigation. Traffic ahead had stopped; he carried on and caused damage that hadn't yet occurred.

It ought to be a straightforward claim in reality. Probably won't be.

d.mart

Slow1972 wrote:

BUT: You may have a bit of an evidential problem in showing any damage to the front end was caused by the van hitting you and not due to you ploughing into the back of the car.

If you're insured with BC or CTC etc I'd def give them a call.

If pulling away from stationary to hitting a car maybe 2m in front of me caused my forks to buckle they would have to be made of butter or I'd have been generating more torque than Sir Chris Hoy - so evidential problem I would hope not.

But CTC appears to be the popular consensus. Thanks again for the reply.

bigmat

I'd agree with the above - any damage caused by the van driving into you will be the van's fault. Evidentially, it will be tricky to show that the van caused damage to the front of your bike / the car in front. Also tricky to prove that damage to frame, injuries etc weren't your own fault as well (ie a result of you rear shunting the car). You're probably looking at getting the cost of a rear wheel back, then an argument about anything else. Still, worth getting proper legal advice on - it only takes a telephone call.

el_presidente

so you crashed your bike through not looking where you were going; and have a medically assessed "slight knee strain"; and you want some free money for it. Good luck wasting everyone's time.

bigmat

el_presidente wrote:

so you crashed your bike through not looking where you were going; and have a medically assessed "slight knee strain"; and you want some free money for it. Good luck wasting everyone's time.

Maybe you can afford a new bike every time a white van man drives through the back of you, but not everyone is that fortunate... :roll:

el_presidente

MatHammond wrote:

el_presidente wrote:

so you crashed your bike through not looking where you were going; and have a medically assessed "slight knee strain"; and you want some free money for it. Good luck wasting everyone's time.

Maybe you can afford a new bike every time a white van man drives through the back of you, but not everyone is that fortunate... :roll:

Matt, you've already said he might get the cost of a rear wheel if he's lucky. IMHO the time, hassle and effort involved seekign a claim will far outweigh any monetary return. It was a 5yo cCaud Butler not a £3500 Litespeed.

bigmat

el_presidente wrote:

MatHammond wrote:

el_presidente wrote:

so you crashed your bike through not looking where you were going; and have a medically assessed "slight knee strain"; and you want some free money for it. Good luck wasting everyone's time.

Maybe you can afford a new bike every time a white van man drives through the back of you, but not everyone is that fortunate... :roll:

Matt, you've already said he might get the cost of a rear wheel if he's lucky. IMHO the time, hassle and effort involved seekign a claim will far outweigh any monetary return. It was a 5yo cCaud Butler not a £3500 Litespeed.

I said it would be worth calling an expert - you seemed to be suggesting it was his own fault and he should just suck it up, which is a different point to the one you're now making.

el_presidente

MatHammond wrote:

el_presidente wrote:

MatHammond wrote:

el_presidente wrote:

so you crashed your bike through not looking where you were going; and have a medically assessed "slight knee strain"; and you want some free money for it. Good luck wasting everyone's time.

Maybe you can afford a new bike every time a white van man drives through the back of you, but not everyone is that fortunate... :roll:

Matt, you've already said he might get the cost of a rear wheel if he's lucky. IMHO the time, hassle and effort involved seekign a claim will far outweigh any monetary return. It was a 5yo cCaud Butler not a £3500 Litespeed.

I said it would be worth calling an expert - you seemed to be suggesting it was his own fault and he should just suck it up, which is a different point to the one you're now making.

well that was sort of my secondary view

bigmat