Been knocked off my bike - need advice!

JesseD

I am hoping someone can give me a little advice, I was knocked off my bike today by a motorist who overtook me as I was turning right off a 2 lane road.

I was doing approx 20mph, checked behind to see a car approx 100 meters behine, had signalled to turn right, moved to the centre of the road and started my turn, as I started to turn the car over took me swiping my right side and sending me crashing down, he was on the opposite side of the road in order to over take me.

A wintness stopped and confirmed that he was on the wrong side of the road and gave me her details. The driver told the police that he gave me a wide birth but didn't know I was turning, however he was overatking at junction.

I am ok been x-rayed and no broken bones, bike is not so good though, I reckon a new pair of chorus ergo's, bars, saddle, at the least, I havent checked the frame and forks yet, but will leave that to my LBS. My brand new sidi's are scratched and my bib shorts and jersey are ripped, also my helmet is almost in 2 pieces (glad I was wearing it).

What are my chances of claiming here, who is at fault? I dont want to claim for personal injury, I just want my damaged bits replaced as I cannot really afford to buy all new bits.

Thanks all and advice is greatly recieved.

Cleat Eastwood

With a witness you have a jolly good chance. Even if you were in a car the correct man-hoover is to undertake as described in the higyhway code. Sounds liek another asshole behind the wheel. Hope you're not too shaken. Guess thats why they call the glance the "look of death". At the end of the day dude its only a bike, could have been a lot worse.

Le Commentateur

Are you a member of British Cycling or the CTC? They should be able to get you in touch with a good legal advisor.

JesseD

Le Commentateur wrote:

Are you a member of British Cycling or the CTC? They should be able to get you in touch with a good legal advisor.

I ama member of British Cycling, silver membership as I race, will trawl their site now.

Frank the tank

Get in touch with Alyson France I'm sure they'll take your case on (you have nothing to lose anyway) If you're a good customer at your LBS I'm sure you'll get sorted to your advantage with the insurance.

Main thing is you're well enough to post on here, if you get my drift.

Take the driver to the cleaners, you could have been dead fella, don't forget that fact.

JesseD

It could have been a lot worse, another half a second and he would havehit me full side on, which would be broken legs and alsorts.

I've called the incident line for British cycling and left my details so they can call me back.

Here's hoping I mend fast andthe bike gets sorted sharpish, I was meant to have my last race of the season in a week, I can pretty safely say my season is prematurely over now.

mrushton

The firm formerly known as cycleaid.co.uk are good. Do not accept any recompense from the driver without representation. You need to assess your injuries, which may only be apparent after a couple of days. Get the bike assessed by your LBS, my partners frame was knocked out of alignment when she got hit. Make a note of all the damaged bits incl.paintwork. Any aches,pains, bruises may require medical/physio treatment which could cost you initially. My partner had a shoulder injury which required a course of physio at £35 a pop (the physio did a great job) and was assessed by an Orthopaedic surgeon privately. Overkill? not if you are faced with an injury that can cause discomfort for months.

redvee

+1 for contacting Alison France, phone number in the back of C+. Usually a 1/2 page ad.

Next move is to get your body checked over for injuries, both obvious and hidden and you may need to get a medical arranged for 6-12 months down the line for long term effects though Alison France might get this sorted, they did for me. Do the same with the bike at your LBS, if they deem the parts non salvagable then get 3-4 quotes for new, a lot easier these days with more bike shops online. Keep all receipts for expenses encountered in getting the above sorted out, even down to pertol to LBS etc. IIRC photos had to be from a film camera and not digital, think that was for the injuries/marks to my face which could have been altered on a PC.

JesseD

thanks all, some great advice.

I have done some digging on tinternet and the highway code says you should not overtake at a junction so I am hoping to be compensated for the damage, I'll speak to F legal team and to Alison France and see what happens.

brin

first of all, good to hear your ok, as has been posted it could have been worse.
regarding compensation, not sure if you can claim for individual items as such as they could argue wear and tear, best to say the bike is a total write off as the frame could be twisted/fractured etc.
when i was involved in a RTA i suffered quite a few injuries, hospital for a week, then a few weeks physio, my solicitor just argued for personal injuries as she too said it would be difficult to itemise what was damaged, so i claimed on house insurance for damage to bike, told them over phone it was damaged beyond repair, no proof asked for,except for incident number from police, just sent me a check for replacement.
one thing to add, i know it's not mandatory, but the police, my solicitor and the drivers solicitor all asked if i was wearing a helmet, at the time i wasn't, but there have been cases since where helmet-less riders have been found to be part to blame too, and this has affected their claim.glad to say my claim was successful.

JesseD

Nope I wore a helmet and it literally saved my life or serious head injury at the best, the shell is ok but the inside did it's job properly and is in a couple of pieces, my head it totally intact :shock:

mrushton

If your solicitor won't pursue for bike damage get a etter solicitor. Their job is to seek redress for all damage to you and the bike if it's a clear-cut case of driver fault. Took about a year for our case to go thro' but we got a reasonable sum but we also had to buy a new wheel, a frame (eventually) and get physio and all that added up to £1000 plus any other trauma.

JesseD

So fcuking angry, my solicitor just emailed me and told me the c*nt who knocked me off wasn't insured on the vehicle, though the vehicle is insured. The owner says they know nothing of the accident either, lying twats, there was damage to the car.

I have a good mind to go to their house and kick off - C*NTS

guinea

If they uninsured driver doesn't end up in court and you don't end up with a new bike then I think you're quite entitled to do whatever you please.

Gazzaputt

So he's gets reported as an unisured driver? You have a witness to place the car at the scene of the accident. No someone is lying and the police I would think would interested in this.

My son took my car without permission and knocked another car.

I had 3 options.

1. Dob him in as stealing the car and the 3rd party would have to pursue their claim through him.
2. My insurance would covert he damage but of course I'd loose my no claims etc etc.
3. He accept liability and pay the damages direct to the 3rd party.

He was £800 lighter as I made sure he paid for all the damage he'd caused.

neiltb

JesseD wrote:

The driver told the police that he gave me a wide birth but didn't know I was turning, however he was overatking at junction.

time to find the officer involved and start to kick up a hell of a stink, it's the squeaky wheel that gets the oil.

mrushton

If the Police were involved, there should be a report on the day the incident took place

JesseD

Just requested a copy of the report, and am tempted to drive to the address given by the third party and take some photos if the car is there.

cee

JesseD wrote:

Just requested a copy of the report, and am tempted to drive to the address given by the third party and take some photos if the car is there.

do not go round to the address.

best advice...let the police and solicitor do their job....

as said...the officer should remember speaking to someone..and will have a note of the reg...so the car was there.

IronHorse100

Even if the TP driver was uninsured, the vehicle's insurer will no doubt pick up your claim as RTA insurer - so long as liability can attach - which I guess is where your witness comes into play - have your solicitors obtained a statement from them?

legin

from a police perspective i would say you have a very good case report the incident to the police so its logged and give them the witness details.if the driver has acknowledged she saw you but didnt realise you were turning there is a case of driving without due care
ask the driver for her insurance details which she has to supply to conform with section 170 of the road trafic act and get a few estimates for the damage and repairs and ask her insurance company if they want to get estimates and make a claim.
in all lightlihood they will offer an early settlement to avoid litigation.

dilemna

cee wrote:

JesseD wrote:

Just requested a copy of the report, and am tempted to drive to the address given by the third party and take some photos if the car is there.

do not go round to the address.

best advice...let the police and solicitor do their job....

as said...the officer should remember speaking to someone..and will have a note of the reg...so the car was there.

No, do go round to the property and take pics of the car and any damage if you can. The cops and CPS will be useless. This is your chance to collect evidence. If you see the person who was driving get a pic of them as well and give it to the police as believe me if they think they can get away with doing bugger all they will. Kick up a real stink against plod if they don't bring charges against the driver or the registered owner for letting their vehicle be used by an uninsured driver.

Glad the OP is ok. Indeed it could be a lot worse. You could have been killed.

The fact that the driver was uninsrued is not fatal to your claim. The insurer might still be liable or alternatively there is the Motor Insurance Bureau to provide recompense to those injured or who suffer damaged property as a result of an uninsured driver. But your solicitor will know this. Sue for everything that you can. Damages are not huge and you will regret it later if you don't.

Both CycleAid (Simon Holt and Co Solicitors) and Alyson France are good.

Get down to your GP asap to have your injuries assessed, recorded and any treatment commnenced to speed your recovery.

JesseD

Double checked the details the police gave me for the third party last night and the final letter of the reg actually could either be a V or a U, emailed my solicitor to see if this makes any difference. I am not hopeful but am praying that the right Third party comes up.

Gazzaputt

Can't you check the reg on the DVLA website see if matches the make and model you have?

JesseD

I wasn't aware the public could do that, I thought it was only for insurance companies?? I'll give it a whirl and see what comes back.

JesseD

Well it's the right vehicle at least

clu

I hope you're ok and that you're not injured, that's the main thing. Bikes and accessories can be replaced, but my sympathies go out to you when you have something damaged that wasn't you fault, our bikes and kit mean a lot to us cyclists. Your accident anyhow sounds similar to what happened to me.

I was out for a bike ride, when an idiot in a car overtakes me and then suddenly turns left at a junction only putting his indicator on when he's half way through the left turn. Basically cutting me up, leaving me absolutely no chance to avoid him and knocking me off my bike. I hit the middle of his car, my front wheel turned left as his car turned left whist I was moving at 18 mph.

I hit the road very hard on my right hip, thought I'd had just a really hard bang. I was carted off to A and E, given morphine to help reduce the pain, where in A and E I was told I'd broken my right hip. I had to have a pin and plate put in my hip and then when out of hospital after a week had lots of physiotherapy, X-rays, Dexa scan, etc.... The accident happen on 1st of May this year and I've still not fully recovered from the accident yet. Fortunately my bike only had a few superficial scatches on the brake levers and clipless pedal, no damage to the frame or wheels. I must have cushioned the bike when I hit the deck.

Anyhow I contacted the CTC about taking legal proceedings to try and get some compensation money for the injury, time off work, pain/discomfort, etc... They assessed whether I had a case and agreed and put me in touch with a solicitors firm.

The driver who has previous bad form on the road whilst behind the wheel of a car (existing unpaid fines, existing points on his licence, previously driving without insurance, etc...), was found guilty of driving without due care and attention. He was given 5 additional points on his licence which took him over the 12 it takes to get a ban. He was banned from driving for 6 months and given a fine and court costs to pay.

So if you can, get in touch with the CTC and see what they have to say. They really helped me, although the claim for compensation still has a long way to go. I guess like me in completely recovering from my accident/injury.

Best of luck if you do take it further, and again hope you're ok.

JesseD

Clu, gutted for you mate, that sort of puts mine into perspective a bit, I only ended up with deep muscle damage to my shoulder and arm, but am recovering well, bike on the other hand is written off. My solicitor is on the case with regards to damages an injuries, so will hopefully be able to replace the bike, helmet and clothes soon (not that I can ride it yet).

I hope you recover soon, and make a full recovery. I see your in Bristol as well, where did your accident happen?

Valy

Bloody hell. Just read the whole thread...

Clu - feel for you, hope you get back to your best!

OP - indeed Clu's post does put it into perspective. Hope you get somewhere with this situation in terms of claims. Clu too!

Just crossed my mind - was it dark during both of your accidents?

I ran into a car as well - on a round about. Pulled out as I was on it - [the driver] was not looking.

It was not at great speeds thankfully and I hit it side on as I tried to kind of swerve when I started to slowly realise that he was pulling out. No damage to the bike or me - apart from a sore shoulder - it seemed quite deep which was sort of surprising as I did not think I hit the car too hard.

clu

Thanks JesseD and Valy. It happened on Coronation road (A370), at the junction of Dean lane. I was heading out for a ride (Saturday morning at 9 am, really good weather) down to cheddar gorge and then back to Bristol, just a big loop with some steep hills along the way. I was getting ready for the Black Rat ride that took place back in May just outside of Bristol, had to pull out because of the broken hip.

When the paramedics where looking after me whilst I was sitting in the road, they kept on saying that they'd thought I'd broken my hip but I didn't want to believe them. Only realised it was true when I saw the X-rays in A and E.

I'm improving each day but it's a long road, just another challenge to over come. Fortunately I am cycling again (commuting to and from work, only 6 miles) but not at the level I was before the accident. I think that it's only a matter ot time though before I'm fully fit again.

JesseD where did you have your accident? I really hope you manage to replace your bike and get back on the road, gutted your bike is written off, good luck with your legal proceedings. Anyhow, I'm off to the Cycleshow at Earls Court in London tomorrow to check out the latest kit (Really looking forward to it), should act as a further incentive to get fully fit again.

Valy sorry to read about your accident too. I just don't know why drivers can't pay attention on the road more. I was wearing a bright red jacket too, so it's not like you couldn't see me.

Valy

Clu wrote:

Thanks JesseD and Valy. It happened on Coronation road (A370), at the junction of Dean lane. I was heading out for a ride (Saturday morning at 9 am, really good weather) down to cheddar gorge and then back to Bristol, just a big loop with some steep hills along the way. I was getting ready for the Black Rat ride that took place back in May just outside of Bristol, had to pull out because of the broken hip.

When the paramedics where looking after me whilst I was sitting in the road, they kept on saying that they'd thought I'd broken my hip but I didn't want to believe them. Only realised it was true when I saw the X-rays in A and E.

I'm improving each day but it's a long road, just another challenge to over come. Fortunately I am cycling again (commuting to and from work, only 6 miles) but not at the level I was before the accident. I think that it's only a matter ot time though before I'm fully fit again.

JesseD where did you have your accident? I really hope you manage to replace your bike and get back on the road, gutted your bike is written off, good luck with your legal proceedings. Anyhow, I'm off to the Cycleshow at Earls Court in London tomorrow to check out the latest kit (Really looking forward to it), should act as a further incentive to get fully fit again.

Valy sorry to read about your accident too. I just don't know why drivers can't pay attention on the road more. I was wearing a bright red jacket too, so it's not like you couldn't see me.

I wonder what I would be like at one of those shows. I would probably get tired just trying to decide what to go and see and for how long. Kid in a candy shop fo sho. :P