Car Crash - What Am I Doing?

alitodd

Hi guys,

had an eventful day today. Went out for a ride today, on my way to the downhill tracks, when I turned right at my normal crossroads. Next thing I know, i'm on the bonnet of a car behind who hadn't seen my hand, or my slow drift towards the right hand side of my lane, and had decided to overtake. I jumped off the front again when it slowed down, and grabbed my bike, seemingly okay.

The bike's got some damage, but being the beefy thing it is, nothing huge, although i'm going to have it looked at properly. But his windscreen was smashed in two places - one from the back of my head and one from my spine guard - apparently if I hadn't been wearing the 661 pressure suit or 661 evolution carbon helmet, i wouldn't be alive. Needless to say, 661 will be getting an email tomorrow.

Back to the point, we exchanged details. I have a suspicion he's going to try to sue for the windscreen and trim etc, which i gathered from the fact that he didn't ask if i was okay when he got out, but said "you've hit my car", and just wanted my details. We've both reported it to the police, and I've just been to be checked over at the hospital. I've got severe whiplash, sprains in my right ankle and wrists, and a knackered shoulder.

So what should I do? A good friend of mine said he'd been hit by a car and had bad whiplash, and he had three and a half grand from the driver to prove it. Should I go down that metaphorical road? I'm not wondering about my bike and kit - he'll be getting a bill for that, but how would I go about filing for injury if it came to that?

Cheers guys.

bails87

I'm sure there's a thread on commuting about this. Here it is

Read that, get well soon, and I hope the driver doesn't even think about suing you, cheeky git!

RevellRider

I found this thread here quite useful

http://www.lfgss.com/thread4213.html

As for claiming for injuries, do you feel your injuries will hamper you from going about your business (work/school/college/uni)?

alitodd

Cheers RevellRider,

The thread looks good - I have done most of the stuff on there. As to the hampering - whiplash can be quite serious and lasting, or so I've heard, and although noting college stuff down doesn't require a fully functioning shoulder, my work does. As to the sprains, they're not too bad. But the doctors thought I had a fractured vertebrae at first - it was that painful. I'd rather do things sooner than later, whilst the full impact of the injuries are with me.

Thanks

clint29

Did you look over you're right shoulder before turning right? Too many people in this country want to jump on the blame culture bandwagon and then moan about insurance premiums going up.

captainfly

If you looked and signaled the driver is at fault, he drove into you. you contacted the police, did you make a complaint about careless driving ? did the police come and breathtest the driver etc..
I get lot's of stupid overtakes and am super paranoid about right turnsafter too many close calls once even having an argument with someone who beaped at me, then overtook and stopped (though I think I am a lot bigger than he thought and the full face lid and carbon knuckled gloves do add to the effect :roll: ) Most drivers don't have a clue how to pass cyclists (or motorcyclists) and aren't paying enough attention to the road ahead. Sue him for the damage both physicaly and emotionaly, he should have been paying enough attention.

Tolk

If you've signaled and checked it was safe to turn, then the driver is at fault as he shouldn't have overtaken at a junction. It'd be no different if he had gone into the back of a car turning right.

I'd probs also replace your helmet to be on the safe side!

Glad you're ok though!

MountainMonster

Hope all goes well!

I got knocked off my motorcycle a while back, which resulted in a broken knee which still hurts everyday if strained, and the cheeky farker who hit me off didn't even notice he hit because he side swiped me, and drove off.

Be happy you've got the details of this guy! Even if he tries to sue you can recoup all costs pretty easily for anything he does something, but it is his fault from the sound of it so he will be responsible.

stumpyjon

He hit you from behind, he's at fault end of.

Iwingstein

stumpyjon wrote:

He hit you from behind, he's at fault end of.

Exactly what I was going to say. You ended up on his bonnet not his boot.

Good luck getting sorted and speedy recovery.

ATB

Simon

getonyourbike

definitely his fault, get well soon mate

Plaisir

Currently in the process of sueing for my injuries (broken vertebrae and clavicle) from when I was hit. As it was a stolen car my claim is against the motor insurers bureau but it shouldn't make a difference with you; it would just be against their insurer. My advice would be get in touch with a solicitor, they should be able to arrange a claim no win, no fee. You will be able to claim for absolutely everything; the stuff damaged as you were hit, any losses incurred by not being able to work or complete your day to day activities and any potential future losses. Good luck and I wish you a speedy recovery!

pilsburypie

Speak to any of the no win no fee vultures.... they will think their Christmas has come early.....

alitodd

Thanks guys - its hurting like crazy today, but main thing is that i'm alive.

I did all the normal stuff for turning - apparently he "didn't see my hand, and I pulled out suddenly", in which case, he would have hit my side...

I'm having the bike checked for damage, sending the helmet to 661, and I think we'll be getting some lawyers involved. Apparently the claim's a strong one, and its worth covering the bases as I've got a while to live left, as whiplash can continue for a while.

We've got photos of the car as well - its obvious what happened, as the left front bumper bit's damaged where he hit my bike (pulled out to overtake...), and the passenger side windscreen is the side which barely exists any more, and has a radial crack from where my head hit it. There are no marks on the bonnet either - it seems I went up to the top of the screen without touching, and then back off again. Suggests speed?

I don't know how he could do anything to be honest. A college student who was hit from the back?

matt-

Hi,

I got knocked off a couple of months ago - I'll PM you some advice,

cheers,
Matt

wordnumb

If you had suddenly turned in front of him surely the bike would've been at this angle: / and you would've been thrown forward and left by the contact against the bike's rear wheel. Sounds to me that the fact you ended up on his bonnet + that the bike wasn't mullered proves that you were in position to the rhs of the lane. In which case he hasn't a leg to stand on.

Don't suppose you had the opportunity to get any witnesses?

alitodd

Firstly, Matt - thanks very much. I'm a little unsure of how to go about this, and any advice would be good.

Wordnumb, That's one of the really obvious things. The fact that I was travelling in a straight line in the rhs of the lane, and cars should move into the other lane even for bikes gives hints at dangerous driving. There was a lady who heard the crash and looked out of her window to see me being thrown off the windscreen, so I think that should cover the bases?

I'm feeling a bit better today, although my left arm's in a sling as my shoulder can' support it's weight. Having this checked out tonight, and that can go alongside whiplash as a major injury.

Thanks for all the messages guys - hopefully what came around might go around, although I wouldn't wish this on my worst enemy.

Zziplex

stumpyjon wrote:

He hit you from behind, he's at fault end of.

This.

Get on to a 3rd party indemnity company and claim against the fuck*r.

The pig bastards are simple people. If he says didn't see you, then he wasn't looking, therefore careless driving according to the bacon people.

Hope yer riding again soon, at least you're not dead or owt though.

Andy

Sue him for everything he is worth.

steponahen

alitodd wrote:

So what should I do? A good friend of mine said he'd been hit by a car and had bad whiplash, and he had three and a half grand from the driver to prove it. Should I go down that metaphorical road? I'm not wondering about my bike and kit - he'll be getting a bill for that, but how would I go about filing for injury if it came to that?

Cheers guys.

I work in insurance. Sounds like a clear case of driver at fault, even if he says otherwise his insurers will know it's his fault and be keen to settle, but they'll be keen to keep the cost down and downplay your injuries/longevity of injuries.

Contact his insurers now, tell them what happened and that you're injured. Visit the doctors / specialists regularly. Keep a record of the details, dates etc. His insurers will also make you see their own specialists.

It may take years to get a payment, as the insurers will want to monitor the long term effects of your injuries. That will frustrate you, but it's in your interests too as you might have a little niggle now and accept a small sum, but it may develop into something more serious. Hopefully you'll get better which means less compensation but more importantly you'll be healthy.

Unfortunately speaking to a lawyer is your best bet.