I was Hit By A Van This Morning, Help Need !

gb155

Afternoon all

at 8am I was hit by a WVM, put on a spinal board, neck brace the works and taken to hospital, looks like I got off pretty lightly, the driver has been hit with a charge of "Driving Without Due Care And Attention"

My question relates to my bike, its my 2 day old Cube, and the top tube is pretty bent, first off is it safe to ride like this ? (Pic below) and secondly with it being so new should I be looking to claim for a new frame ? or can it be repaired ? Who are the best people to use to claim back the damages?





Many Thanks (and to al those that stoppped to help)

suzyb

I can't help but holy crap :shock:

New bike too

lost_in_thought

I don't know whether it's safe to ride like that, but I'd presume it's not. Definitely get it down to a reputable bike shop to check it out, you'll need proof if you want to claim for a new frame. I can't imagine it'd be repairable.

As far as claiming, get on to the CTC, they will cover you retrospectively, I believe.

And take photos/keep track of any and all injuries, adrenalin can cover up a multitiude of sins.

DonDaddyD

I'm surprised the police didn't take the bike from you (as I'm told they do with accidents) and then you have to pick it up later.

As the guy has been charged you shouldn't have much difficulty pursuing a claim through insurance.

Don't ride the bike. You may damage it further. Take it to a shop to assess the damage. It is likely it will need to be repaired. Get a quote and pass that onto the WMV's insurance company.

jonginge

Ah, man, that sucks big time. Glad you're pretty much ok (and hope nothing manifests in due course). I'd get a new frame.

Others will be along shortly with more experience of the claims process...

Kieran_Burns

New bike without a shadow of doubt. Assuming it was the drivers fault you can claim everything on his insurance and if they accept responsibility you can get an interim payment to cover the costs.

Good God. I hope you're okay mate :shock:

Get solicitors involved (or join CTC and get them on the case) don't do the donkey work yourself.

The Rookie

I would say the frame is scrap, the only repair will be a new frame.

Rideable like that? Probably, but get it inspected properly first, you can claim for the inspection off the WVM's insurer anyway as its part of getting you back on the road ASAP, otherwise you could hit him with the equivalent of car hire costs.

Simon

spen666

DonDaddyD wrote:

I'm surprised the police didn't take the bike from you (as I'm told they do with accidents) and then you have to pick it up later.

As the guy has been charged you shouldn't have much difficulty pursuing a claim through insurance.

Don't ride the bike. You may damage it further. Take it to a shop to assess the damage. It is likely it will need to be repaired. Get a quote and pass that onto the WMV's insurance company.

The fact he has been charged with a criminal offence - (if he has been charged already - seems quick for an RTA matter) is of no bearing in pursuing a civil claim.

If he is convicted of the criminal offence, then this will be able to be cited in civil claim for compensation


[DDD- you seem to have forgotten people are innocent until PROVEN guilty, not innocent until charged with an offence[


Given you have suffered personal injury, you should instruct a solicitor (not a claims handling firm) to pursue the matter on your behalf. They will also deal with the cost of a replacement bike/ repairs to the same. I would recommend Russell Jones & Walker - they are the firm the CTC will put you in touch with and will handle claim on a no win no fee basis

As DDD says though, get bike to a reputable bike shop and get written report from them.

spen666

The Beginner wrote:

I would say the frame is scrap, the only repair will be a new frame.

Rideable like that? Probably, but get it inspected properly first, you can claim for the inspection off the WVM's insurer anyway as its part of getting you back on the road ASAP, otherwise you could hit him with the equivalent of car hire costs.

Simon

You could not claim car hire costs if the vehicle damaged is a bike

You have a duty to mitigate your losses and that is not mitigating your losses

Aidy

Is the tube actually bent, or just dented?

I'd probably be looking at claiming a new frame, regardless of whether or not it's safe to ride.
The damage to it has obviously decreased its value.

Aidy

spen666 wrote:

The Beginner wrote:

I would say the frame is scrap, the only repair will be a new frame.

Rideable like that? Probably, but get it inspected properly first, you can claim for the inspection off the WVM's insurer anyway as its part of getting you back on the road ASAP, otherwise you could hit him with the equivalent of car hire costs.

Simon

You could not claim car hire costs if the vehicle damaged is a bike

You have a duty to mitigate your losses and that is not mitigating your losses

Presumably you could claim bike hire costs though?

[Edit] And if the accident has rendered you unable to ride a bike, you could claim alternative transport costs? [/Edit]

spen666

Aidy wrote:

spen666 wrote:

The Beginner wrote:

I would say the frame is scrap, the only repair will be a new frame.

Rideable like that? Probably, but get it inspected properly first, you can claim for the inspection off the WVM's insurer anyway as its part of getting you back on the road ASAP, otherwise you could hit him with the equivalent of car hire costs.

Simon

You could not claim car hire costs if the vehicle damaged is a bike

You have a duty to mitigate your losses and that is not mitigating your losses

Presumably you could claim bike hire costs though?

[Edit] And if the accident has rendered you unable to ride a bike, you could claim alternative transport costs? [/Edit]

You could claim bike hire costs certainly

If you are unable to ride a bike, then suitable alternative costs would be claimable- but remebering you have a duty to mitigate your losses

theblender

Call CAMS on 0800 468 1155, they take all the hassle out of claiming and all repair/replacement work will be done through a reputable LBS.

spen666

theblender wrote:

Call CAMS on 0800 468 1155, they take all the hassle out of claiming and all repair/replacement work will be done through a reputable LBS.

I would not advisse going through a claims handling service such as CAMS - they are just another layer of bureaucracy and will need to instruct solicitors to handle the litigation etc

Far better to instruct the solicitors yourself- the shorter the chain the stronger it is

londonbairn

I'd approach the driver's insurance company first. I did recently and was surprised at how smooth it went. I got compensation plus repair costs all sorted (cheques came this week, happened 4 weeks ago) with good support from the driver's insurance company. I think the insurance company were appreciative that I didn't go straight to a lawyer (i.e. add more costs to them).

You still have the right to consult a solictior during it all, but if its a pretty clear cut case, I'd just go to their insurance...

davis

Bloody hell mate you don't have a lot of luck with traffic.

Bad luck, hope you're ok.

Jay dubbleU

Firstly glad you're OK
Get the bike to LBS - there may be damage you haven't noticed ie hairline cracks etc - 2 days old - looks like a new bike to me. Don't go to a claims handling service - try the insurance first - if they don't come through go to CTC -

neiltb

aluminium frame = fubar

Did you like it? if not, could be time to change.

pilch

Speak to my missis Vincenza at RPM legal solicitors, she specialises in personal injury and knows her stuff... small firm rather than one of those claims monsters (a few of them send her work!) 01536 722266

The Rookie

spen666 wrote:

The Beginner wrote:

you could hit him with the equivalent of car hire costs.

You could not claim car hire costs if the vehicle damaged is a bike

You have a duty to mitigate your losses and that is not mitigating your losses

EQUIVALENT - read the post before going off the deep end!

And why quote the whole post not the relevant part anyway?

Simon

Headhuunter

If the driver has been hit with driving without due care and attention then he is at fault. Get a firm like Russell Jones and Walker on to his insurers. Takes some time, I'm still waiting for final payout on my accident last November, but I've already had money for a brand new bike and various other bits and pieces. I wouldn't ride it, get in touch with a solicitor who will ask you to get it to a bike shop for an assessment and then claim for a new bike.

My experience sounds similar to yours. Driver not paying attention, me on the deck then taken away in an ambulance in a spinal board with neck brace....

SpaceBadger

Scary stuff, but glad you're relatively OK.

Think all the best advice has been given, write everything down, take pictures, be aware of pain that develops after the adrenaline has worn off, get solicitors on the case, get the bike properly checked out etc etc.

Hope you're back biking soon!

cee

any reputable bike shop will quote that as a write off...

I wouldn't even ride it.

Russell Jones and Walker...yip..very helpful folks..

bad luck...hope it all feels better soon....hope it goes smoothly...

have a cake...



itll make you feel better

londonbairn

I'd still pipe for going directly to the insurance company, and as someone said, minimise the chain, plus everyone I know who has went through a solictiors ended up waiting up a while. I've went to insurance companies twice in the past and all resolved rapidly. There's a few elements here....

A) punishment to driver -> police's responsibility
damage to your bike -> the insurance's responsibility
C) compensation/clothing damage -> the insurance's responsibility

If the insurance don't play game, then I would go to a laywer...

tailwindhome

cee wrote:

have a cake...



itll make you feel better

Brilliant, just Brilliant

Fella gets on his bike and loses 20 odd stone.

On the cusp of acheiving his goal he gets hit by a van.

You tell him to have a cake

Genius

Kieran_Burns

TailWindHome wrote:

cee wrote:

have a cake...



itll make you feel better

Brilliant, just Brilliant

Fella gets on his bike and loses 20 odd stone.

On the cusp of acheiving his goal he gets hit by a van.

You tell him to have a cake

Genius

better?

petejuk

My advice would be to stay off the bike. This is for 2 reasons. Firstly and most importantly it is likely to be unsafe in its current condition and secondly, if you are seeking to make a claim for compensation, it could be argued that some of the damage may have been done post incident and therefore not covered. The bike also becomes the property of the compensator (the insurance company) once the claim has been settled.
I would advise speaking to the van driver's insurers to gauge how much they would be willing to offer. If satisfied then no need to seek legal advice. If not, then a solicitor will be worthwhile. I hope you get better soon.

benno68

petejuk wrote:

My advice would be to stay off the bike. This is for 2 reasons. Firstly and most importantly it is likely to be unsafe in its current condition and secondly, if you are seeking to make a claim for compensation, it could be argued that some of the damage may have been done post incident and therefore not covered. The bike also becomes the property of the compensator (the insurance company) once the claim has been settled.
I would advise speaking to the van driver's insurers to gauge how much they would be willing to offer. If satisfied then no need to seek legal advice. If not, then a solicitor will be worthwhile. I hope you get better soon.

As GB155 is injured, if compensation for the injury and associated costs are being claimed I reckon a solicitor is needed. If it's just for the bike, travel costs and general inconvenience for the time without a bike, claiming directly maybe quicker.

As for the bike, a new frame without a shadow of doubt, possibly a new bike as if it was a hefty collision the integrity of some components may be compromised too.

Hope you make a speedy recovery GB155!

Headhuunter

londonbairn wrote:

I'd still pipe for going directly to the insurance company, and as someone said, minimise the chain, plus everyone I know who has went through a solictiors ended up waiting up a while. I've went to insurance companies twice in the past and all resolved rapidly. There's a few elements here....

A) punishment to driver -> police's responsibility
damage to your bike -> the insurance's responsibility
C) compensation/clothing damage -> the insurance's responsibility

If the insurance don't play game, then I would go to a laywer...

When I had my crash I was recommended to go through the sol as the process is quite time consuming and the sol can take care of all the administration. Certainly RJW have been very good, they have dealt with everything, sorted out the interim payment for bike and bits pending final payment, sorted out for me to get photos taken of the big, permanent scar on my leg and have arranged for funding for injections for my hip injury through a private clinic. I wouldn't have known where to start with sorting it all out. Far easier to go through a sol who has a lot of experience in this sort of thing...

jonginge

Kieran_Burns wrote:

TailWindHome wrote:

cee wrote:

have a cake...



itll make you feel better

Brilliant, just Brilliant

Fella gets on his bike and loses 20 odd stone.

On the cusp of acheiving his goal he gets hit by a van.

You tell him to have a cake

Genius

better?

Do I need to post the Brass Eye link again? hmmm?

thel33ter

Bike is bent, therefore it's broken = Need a new bike

Thats what it looks like to a non cyclist, which the insurer probably is. Get a quote from Evans ect, on either replacement parts (cause I happen to know the cheapest alloy frame Evans sell costs £700 ) , or a quote for a new bike with equivalent spec and send that in, along with witness statements ect.

Similar thing happened to me apart from the injury side of things, and I'm hopefully getting around £850 - The price of a new equivalent to my broken Trek.