Knocked off my bike - advice

matt-

Hi guys,

I posted this in the MTB forum earlier and was told to come and ask here...

I was knocked off my bike this morning on the way to work and I'm just after some advice on what to do, unfortunately I've been a bit of an idiot...

Basically I was knocked off in a cycle lane by some guy opening his door without opening his eyes first, Ii went straight over the bars and his door and took the full blow on my left shoulder, I'm not seriously injured, just a bit of whiplash and a very sore shoulder.

I wasnt wearing a helmet (I know, what an idiot, but my poor face is ok) and I dont have insurance (!)... I also didnt take his details apart from his car registration. Is there anything I can do? Bike isnt too bad, my front wheel is buckled and my front disc brake is completely mangled, but everything else is fine.

I dont want to go down a claiming for injuries route as they arent anything major, but I would like to claim the repair costs for my bike, if possible!

Cheers for any advice, (i know, i know -wear a helmet next time!)

Matt

bails87

Get checked over by a doctor first. In case anything gets worse in time, and so everything is documented.

Have you got any witnesses?

asprilla

First thing to do is write down absolutely everything that you remember from the accident in as much detail as you can. If asked in three months time it can be difficult to give a difinitive answer to direct questions.

Also, wait until tomorrow before you say you are ok; at the moment adrenalin and endophines are corsing though your bloodstream numbing any pain. You'll have a better idea of what hurts when you get up tomorrow.

Most importantly is what disucssions, if any, you had with the driver.

matt-

This is the unfortunate part, I've never had a road accident in my life so didnt really take down any details except his vehicle registration.

There was one witness who asked me if I was ok and then walked off when I explained that I was still in one piece, and my conversation with the driver was basically "are you effing blind", all he said was do you need an ambulance and then drove off when I said no.

I've written everything down and called the police, they've logged the incident and I need to pop in later today to give a full account.

Kieran_Burns

Go see a human doctor for yourself and a bike doctor for the bike. I recommend not getting the two confused.

Write everything down, enquire after the driver details, then forward the costs to his insurance company.

Moomin23

Be careful mentioning you have no helmet, this can sometimes be used as negligence on your part and invalidate any claim you make.

cougie

If it were me - I'd use someone like Bikeline - theyve done good stuff for my mates in the past. I'd not risk doing a straight deal with his insurance company as I dont trust them as far as i can throw them.

Good luck !

Pufftmw

Moomin23 wrote:

Be careful mentioning you have no helmet, this can sometimes be used as negligence on your part and invalidate any claim you make.

It won't invalidate any claim (in this instance) as your head is not damaged.

Even if your head was damaged, the fact you were not wearking a helmet will not invalidate any claim as it is not mandatory (yet) to wear a helmet. However, the other side might argue that you were negligent in not wearing a helmet and a proportion of the claim might be taken off for "contributory" negligence but only if you had damage to your head.

mousetoo

Be careful mentioning you have no helmet, this can sometimes be used as negligence on your part and invalidate any claim you make.

Would only be a consideration if matt was claiming for injuries to his head

SickAsAParrot

I'm surprised he could drive off, when this happened to me a few years ago I bent the door so bad she couldn't shut it again LOL.

I felt OK at the time, it wasn't until a few days later I discovered I had a broken rib, which it took a few weeks to get over. Even so, it didn't stop me working so I didn't claim for injuries, just bike repairs.

I was lucky I got her insurance details at the scene, and she had actually rung them first and admitted responsibility so it was fairly plain sailing. If she had denied it ever happened I probably would have been screwed because I didn't have the names of any witnesses.

g00se

Hi,

Glad you're not too badly hurt.

With no witnesses, the other party and their insurance company MAY play silly b*gg*rs about responsibility. having the police indecent number is a good start.

As other have said, go see a doctor to make sure you are OK (some folks here have talked about slow-to-show injuries that effectively stop them cycling for subsequent months) - get it documented for the future. Same with the bike - get a quote from a decent bike shop.

Then get a no-win-no-fee cycle-specialist solicitor involved. These aren't the 'ambulance chasers' you see on daytime TV ads. They'll make sure the other side play fair and keep them straight. The only one I'm aware of is the group associated with the CTC. You don't need to be a member of CTC to use them but quite a few folks will join the CTC after an accident to get the introduction.

http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4461

Others here will know which other solicitors you can approach direct.

Fireblade96

g00se wrote:

having the police indecent number is a good start.

Is that a new service they offer ?

Sorry, that was too good an opportunity to pass up...

Glad you're mostly OK, do what others have suggested and get yourself and bike checked out, then claim for damages as required. And don't worry about not wearing a helmet !

londonbairn

Driving off from a scene of an accident without supplying details is a criminal offence is it not?

You need to report it to the police, there is a chance he has reported it (I believe any accident has to be reported by a driver) to "match it up"

The police may be able to help you get the insurance details, and you can then call them to report it to them as well.

lost_in_thought

Consider going through a solicitor's firm to deal with the insurance company. Russell, Jones and Walker have been recommended on here in the past, contactable through CTC, whether you're a member or not. Get the driver's details from the police so you have your own record.

It is irrelevant whether you were wearing a helmet or not, it's not a legal requirement, so don't be apologetic about it, and don't bring it up.

aldric

londonbairn wrote:

Driving off from a scene of an accident without supplying details is a criminal offence is it not?

You need to report it to the police, there is a chance he has reported it (I believe any accident has to be reported by a driver) to "match it up"

The police may be able to help you get the insurance details, and you can then call them to report it to them as well.

It is only a criminal offence if you do not supply details when requested to do so (it doesn't seem that Matt asked for the details), or if there is no-one there to supply your details to do contact the police within 24 hours.

A road accident is reportable if there is any Injury to anyone other than the driver, damage to other property (signs, hedges etc etc) or injury to certain animals (Sheep, cows, dogs etc etc).

The police won't give you the drivers insurance, they will log a road accident report and if you make any sort of claim then it is up to your insurance company or in this case solicitor to write to the police for the Insurance details and circumstances that have been reported.

The Police will have to trace the driver and ask his/her version of events and obtain the relevant driving documents.

Good luck.

ride_whenever

bad luck, try cambridge accident management services, they're quite helpful!