Accident advice required!

somekindofwizard

I managed to get taken out last night by a post office van whose driver decided to jump a stationary lane of traffic waiting at a set of lights, going on the wrong side of the road, to turn right and ended up going straight into me.

I have two witnesses who say I couldn't do anything to avoid him, photos of the van on the wrong side of the road after hitting me, the number plate of the van and a gave statements to the police who one of the witnesses called.

Another post office van driver pulled up and told the one who hit me that he has to stop and give me his details and the one who hit me did get out and give his name but then drove off as I was speaking to the other driver before the police turned up.

So, I am not badly hurt, lots of bruises and a few deep cuts where the big ring cut through my leg but my bike is screwed. The wheel's are bent out of all shape, the left hand shifter has been bent past it's limit and doesnt seem to shift anymore and I think there is frame damage on the chain stays, the bike is a Planet X carbon frame jobby and I can't afford to just replace it. Can I make a claim against the Post Office and get a new bike off them? What would I need to do to start this process? I use the bike for commuting and will be spending a fortune coming in on the train which makes saving for a new bike even harder!

Sorry for the long post, but if anyone can give any advice I would love to hear it!

Thanks!

davis

Yes, you absolutely have grounds for a complaint, and you really have to complain. No way should you have to suffer.

You were injured (regardless of severity), and the parties involved must either wait for the police to arrive, or report to the police as soon as possible (which must be within 24 hours).

Get yourself onto the CTC, or lawyers which are recommended by groups on here.
(remember to note the time date, place etc -- you probably already have, but the more precise the better).

Radioactiveman

Yes. Get your self to hospital and get checked over and a medical report of some sort. And pictures of injuries and as davis get a solicitor that is experienced in bicycle accidents if you can.

I made a claim through a local solicitor and received payment for my injuries but they were very inflexible when it came to the bike damage and in the end I settled for less than I would have liked otherwise if it had gone to court and I had lost I would have had to pay costs iirc

redvee

Alyson France aka Bikeline are the people whoe helped me when I had my accident, they are usually found in the back of C+.
Get photos of the scene of the accident, including any road signs maybe even as far as 100yds away though in your case this seems a little irrelevant as the postie was on the wriong side of the road, pictures of the damage to you and the bike and get quotes on replacing the damaged parts from LBS/Planet X etc. Keep all receipts for items/travel expeenses for anything you spent when sorting out the claim. Travel to/from work, getting the bike sorted, doctors appointments and loss of earnings.

roundthebend

If your version of events is correct, then you clearly have grounds for making a claim. I don't have any experience of cycling claims but it sounds like you can make claims for:

damage to your bike - photos and get a quote for repair/replacement
injury to yourself - get photos of injuries and get to a doctor
expenses incurred - you'll be taking buses/taxis/the car to work, trips to the LBS and doctors maybe

I don't like this culture of litigation we have, but your version of events sounds like you have legitimate grouds for claims. You shouldn't have to suffer any financial or material loss, or any health issues.

Get on it.

somekindofwizard

Thanks all, I have a medical report from the paramedics that turned up and photos of injuries although I am sure to get more as I can feel where some cracking bruises will eventually turn up.

Will get onto bikeline and get some photos of the surrounding area signs, for anyone who knows the area it happened on the corner of berners street and mortimer street of fitzrova in London, people are always using the oncoming traffic lane to avoid waiting at the lights.

Thanks again.

Aguila

No question you should claim, what are the police doing about it?

The driver has broken the law leaving the scene of the accident before their arrival.

Gazzaputt

Have you or the Police contacted the Post office about this? Surely he's for the high jump for leaving the scene of an accident and driving on the wrong side of the road is dangerous driving.

Chase the Police up as well.

rf6

Sounds like a clear case of driving without due care and attention, and failing to stop at the scene of an accident.

The bonus with that is that the driver can receive a punishment through the court. The downside is that any civil case (ie your compensation claim) cannot be progressed until the police's case is resolved at court.

You'd need to be guided by a solicitor, but I think the Post Officer, or their insurers would jump at the chance of replacing a bike if you're not too concerned by your injuries.

I fear all this could take a while, but good luck. Keep taking pictures of any bruises that appear, and keep all receipts of expenses you incur as a result of the accident.

gbsahne001

I got taken out by a PO van a few years ago (opened door onto me) and in that instance they replaced the bike without any need to seek legal advice

fenboy369

http://www.rjw.co.uk/legal-services/acc ... a/cycling/

Simples!

The Rookie

The PO are known to be fairly responsive....if they will pay up (at least for the stablished losses - you bike) quickly, then take the opportunity, reserving the right to make a later claim for injuries.

Its rubbish you have to wait for any criminal case before making a civil claim, although if he did get a criminal conviction then it makes life easier, its not a pre-requisit.

Aside from the driving offences, he ceratinly appears to have failed to stop, just leaving his name is not 'stopping', although there are caveats, none seem to apply here.

Simon

thistle_

Hope you get better soon.

Like others have said, if he left the scene of the accident he has probably broken the law. He definitely knows he hit you because he stopped, then left.

rf6 says he can be punished through the courts, he could also be punished by his employer. Have you reported it to Royal Mail? In my opinion they shouldn't allow him to drive one of their vehicles until they have investigated what happened and decided it is safe to allow him out again.

somekindofwizard

I haven't spoke to Royal Mail yet, I was presuming I needed to get the details through from the Police first. I would be totally happy if they offered to replace the damaged parts or the bike. Would happily settle for a quick resolution if possible. Will have to try giving them a ring.

I have just spoken to Bikeline and they seem very efficient, I am a bit against the whole blame / game thing but I will be damned if I am going to be out of pocket for another persons lack of awareness. I am also not too thrilled with screwing someones livelihood up but as the paramedic said it isn't just about this time it is the next time they switch off that could be worse.

thistle_

somekindofwizard wrote:

I am also not too thrilled with screwing someones livelihood up but as the paramedic said it isn't just about this time it is the next time they switch off that could be worse.

He could be given a different job which doesn't involve driving for work. Maybe he could cycle to work in the sorting office every day, I heard they will have plenty of spare bikes soon which he could borrow

cjcp

somekindofwizard wrote:

I haven't spoke to Royal Mail yet, I was presuming I needed to get the details through from the Police first. I would be totally happy if they offered to replace the damaged parts or the bike. Would happily settle for a quick resolution if possible. Will have to try giving them a ring.

*Don't* settle anything or call RM without speaking to your solicitor. Some injuries can take time to manifest themselves, so don't settle your claim too early.

il_principe

+1 to everything above. Go to hospital and get checked out properly, this is a much as to gain a record of this on your nhs history. Do you have legal expenses insurance? If os call them and they may well hand you off to a panel solicitor. This is the route I'm going down. Means whatever happens I won't pay a penny. Also going to get private physio paid for. Whilst the events are clear in your mind write a full account. I used Google maps and streetview to illustrate mine. Contact the police, make sure you have the name and badge number of the responding officer and a CAD reference. Do not contact the PO directly, this is the job of a solicitor, not you. Expect this process to take many many months!

Headhuunter

Russel Jones and Walker have been very good so far re my accident last Nov. They quickly got an interim payment to cover the cost of my written off bike as well as medical expenses, transport costs (I couldn't ride) etc etc and now I'm just waiting for an agreement on damages (a few thousand). If you have witnesses, photos, called the police etc etc it should be very easy. Can't believe the idiot drove off before the police arrived! He'll surely be in trouble for that. Seriously, speak to RJW and let them take it on as a no win no fee case.

somekindofwizard

Il Principe wrote:

+1 to everything above. Go to hospital and get checked out properly, this is a much as to gain a record of this on your nhs history. Do you have legal expenses insurance? If os call them and they may well hand you off to a panel solicitor. This is the route I'm going down. Means whatever happens I won't pay a penny. Also going to get private physio paid for. Whilst the events are clear in your mind write a full account. I used Google maps and streetview to illustrate mine. Contact the police, make sure you have the name and badge number of the responding officer and a CAD reference. Do not contact the PO directly, this is the job of a solicitor, not you. Expect this process to take many many months!

I have spoken to a solicitor via bikeline and they have spoken about legal expenses insurance, apparently I may be covered on home contents insurance, if not they will sort it out so it costs me nothing. They are also arranging an independant doctors appointment to go over my injuries.

Good idea to use Google maps to try and illustrate what happened, it is difficult to explain but really simple to show if you can see the junction.

Not liking the many months part but sadly this is what I think will happen, I have a few events lined up over the summer that I probably won't be able to do unless I cough up for a new bike myself in the hope of being refunded...

Headhuunter

somekindofwizard wrote:

Il Principe wrote:

+1 to everything above. Go to hospital and get checked out properly, this is a much as to gain a record of this on your nhs history. Do you have legal expenses insurance? If os call them and they may well hand you off to a panel solicitor. This is the route I'm going down. Means whatever happens I won't pay a penny. Also going to get private physio paid for. Whilst the events are clear in your mind write a full account. I used Google maps and streetview to illustrate mine. Contact the police, make sure you have the name and badge number of the responding officer and a CAD reference. Do not contact the PO directly, this is the job of a solicitor, not you. Expect this process to take many many months!

I have spoken to a solicitor via bikeline and they have spoken about legal expenses insurance, apparently I may be covered on home contents insurance, if not they will sort it out so it costs me nothing. They are also arranging an independant doctors appointment to go over my injuries.

Good idea to use Google maps to try and illustrate what happened, it is difficult to explain but really simple to show if you can see the junction.

Not liking the many months part but sadly this is what I think will happen, I have a few events lined up over the summer that I probably won't be able to do unless I cough up for a new bike myself in the hope of being refunded...

I got an interim payment for the bike and other expenses within a few months but am still waiting final settlement. Accident took place in Nov 09. The driver of the car involved accepted responsibility fairly quickly, however I don't think he had much choice. He wouldn't accept liability when I initially spoke to him, however I think all the witness statements taken by the police were in my favour so it was pretty clear who was to blame.

SECommuter

I was involved in a incident with a PO transit van in London recently. Driver purposely swerved his van towards me (both heading in same direction in separate lanes), to prevent me passing a bus.

Had a few words to share at the next set of lights, after which I placed myself in the primary position in the RSL in front of him. After the lights turned green, he sped off the lights, trying to undertake me (obviously not enough space), which ended with him ramming me with his wing mirror, bending it back against the van (no damage to either me or bike). Further words exchanged and number plate noted (or at least for a few minutes).

After riding home, could only remember a few of the characters and in no particular sequence, but he did offer his depot location, during initial exchange. Still, reported to the met police on the https://secure.met.police.uk/roadsafelondon/ website and awaiting a response.

I presume plenty of CCTV in the area so hopefully a positive outcome.