Knocked off my bike, Driver's Fault. Please Advise

brainofj81

Hello all,

I was recently knocked off my bike in broad daylight on a roundabout. I had passed the entrance to the roundabout, but the driver pulled out too soon as I passed him and hit my rear wheel, sending me flying and resulting in a broken ankle and damage to the frame and rear wheel of the bicycle.

The police charged the driver for driving without due care and attention and I have a couple of witnesses and CCTV footage. My solicitor has advised me that the personal injury claim will be no problem, but will not cover the damage to the bicycle, which is beyond repair. Does anyone know how I can recover the costs of the damage to the bicycle from the driver?

I look forward to hearing your advice.

James

lost_in_thought

You need to claim for the bike against his insurance. Given the driver has a police conviction it should be no issue. And maybe get some new solicitors.

Russell Jones and Walker (via the CTC - even if you're not a member at the time of the accident) seem to get a lot of recommendations.

Not a personal thing, OP, but I'm wondering if we should have an accident advice sticky.

cjcp

Can you not bring the claim for damage to the bike in the same claim as that for PI, just as a separate head of damage? Suspect you'll need a report from a bike mechanic at a LBS to back up the claim that the bike is beyond repair and get evidence of the cost of replacement - speak to your sol abou that.

Do you have medical reports to back up your PI claim?

If you haven't already done so, write down everything you remember about the incident, what was said etc, and draw a diagram showing the road positions of you and the car at the various stages.

Don't say anthing on here which may harm your claim.

Pufftmw

You need to change your solicitor!

Of course you can claim for the damage to your bike at the same time as your PI. If your solicitor is not capable of giving you good advice, then change them - I can give you the details of a proper APIL registered solicitor who will do a proper job for you.

HamishD

lost_in_thought wrote:

Not a personal thing, OP, but I'm wondering if we should have an accident advice sticky.

Ditto

lost_in_thought wrote:

but I'm wondering if we should have an accident advice sticky.

Ditto

andrewc3142

Very similar accident to mine in June, except my injuries were to the face mostly, inc a cracked tooth, but with only new wheels and straightening up needed to the bike, plus mitts and sunglasses.

You certainly can claim for both injuries and for the bike. Contact the insurance company and tell them you are claiming. Different companies may have different procedures, but I expect they are broadly similar.

With Aviva, the claim is joined (same ref number) but dealt with by separate teams: personal injury in Glasgow and damage in Norwich. The former has been very efficient, sending a £200 advance the next day to cover small costs and refunding the cost of the crown by return. I haven't been offered a final settlement yet, but this tends to take some time to be clear about the injuries and how lasting they look to be.

The damages to the bike side is being slower. I had the bike repaired by Condor and replaced mitts and glasses and sent them the bill. They called the shop, ran it by their engineers, etc. Now confirmed and should be fully refunded this week. If not, I will create a fuss.

You should definitely be clear you expect a straight replacement for everything damaged. Not some deduction for age, etc. It's not your fault you need to replace things. They may want to inspect the damage to the bike, which is fair enough, or they may be happy to accept the assessment of your LBS. Just ask the question.

I decided not to go through a lawyer, but that's a personal choice and if the insurance company mucks me about I may change my mind - I haven't signed anything to say I can't. But so far, Aviva has been pretty good.

Of course, other than the insurance company you have a valid and probably easily won case against the driver personally through the small claims court.

brainofj81

Andrew3142

were you insured with Aviva? I don't have any personal accident insurance you see, so I guess I'd have to go through the driver's insurance.

James

andrewc3142

No, the driver was insured through Aviva and I am the third party.

I have 3rd party insurance, but that's not relevant since he admitted full liability.

will3

Pufftmw wrote:

You need to change your solicitor!

Of course you can claim for the damage to your bike at the same time as your PI. If .

This.

You should also be able to claim for damaged clothing, helmet, etc

Salsa

I had the same sort of accident a few years back. I took my bike to a local dealer who wrote out a quote for the damage to the bike which I gave it to my solicitor, he sorted it out with the blokes insurance & I received a cheque for the bike after only a few months. I also got a pay out for loss of earnings/taxis/clothes etc & my injuries (broken wrist, cracked elbow & ribs) but that took about 18 months to come through.

Headhuunter

You definitely can claim for bike and injuries on the driver's insurance! Take him/her for every penny and make him/her hurt! I got a pay out for the bike quite quickly - Russell Jones & Walker told me to take the bike a shop for a formal assessment. They said it was beyond repair and said that the replacement would cost £550 odd, which his insurers coughed up very quickly. The personal injury side takes longer. My accident was in Nov 09 and it's now coming to a conclusion. Solicitor is negotiating for about £6000. So final fee for the insurers will be about £6k + £800 in assorted bike and medical costs. Get claiming....

fenboy369

+1 to all the above, give RWJ a call. And take heed of what CJCP says.

Monster +1 to the Accident advice sticky.