Just Been Hit What Next

BridlingtonBiker

Hi All,

Been road biking since January really and I've just been run into by a car. I'm very sore and I'm starting to stiffen up. The point of the post is what do I do next. Below is what happened.

Approaching (around 100 yards away) a set of red lights which had 3 cars waiting, I slowed so that I didn't have to stop at the lights. Lights turned to green as I was about 50 yards away. The first two cars turned left at the junction and the third went straight on as I followed. Unfortunately there was traffic coming from the opposite direction and the car that hit me had decided to turn right. No indication he just turned after the last car (I was following) had passed him. There was no indicator to say he was going to turn. Fortunately I've got whitnesses and in a sense the driver has accepted responsibility at the scene by apologising and saying he didn't see me because of low sun in his face. Not sure how the low sun stopped him indicating or seeing the other three cars but I must have been invisible in my flourescent yellow clothing.

Ambulance and police on scene although the driver had left before the police got there. I've got details of the driver and the whitnesses. I've been to hospital and got checked out and it would appear on first inspection I've got away with soft tissue injuries (no breaks fingers crossed) but since I've come home I'm starting to hurt in places I wasn't. I think I'm going to have to go back to hospital again tomorrow.

Police have rang me at home to say they haven't been able to contact the driver as he's not been at home but that they'll be in contact again tomorrow.

Should I contact an injury solicitors tomorrow or just deal with the drivers insurance directly? My bike is quite well beat up as well as clothing, watch, phone etc.

thegreatdivide

You might get more out of it with the help of a solicitor tbh.

Hope you're back on the road soon.

mtbboy101

Defo get a lawyer on it, Insurance companies will try all the tricks and the hassle wont be worth it.

Join CTC and get there free service, I've used them, and you get insurance cover if it was ever to be your fault.

Hope you mend and get out on the bike again soon

J

Bobbinogs

Are you a member of the CTC or British Cycling? If so, get in touch with them tomorrow.

This is a useful starter:

http://www.rjw.co.uk/legal-services/uni ... ollisions/

Best of luck with your recovery, take it easy for the next few days (no work, etc.).

cougie

Get photos of all your damage. And ring Bikeline tomorrow. They specialise in this stuff and they're run by a cyclist. You could sort it yourself probably but you may miss out on something that you could claim for.

CiB

Over on Commuting General is this what-to-do guide, which may be of use.

http://www.bikeradar.com/forums/viewtopic.php?t=12722930

BridlingtonBiker

Thanks for all the replies. I've been back up to the hospital this morning to have my leg checked out. The Police haven't been in touch yet but when they have I'll ring CTC and get the solicitors onto it.

My right hand is very sore at the moment so I'm hoping it settles down quickly so I can get back to work. I had a really similar injury to my left hand last year in a go karting crash and I was about 6 months before that hand was right again.

Headhuunter

I had almost exactly the same accident on 26th Nov 2009 (burned into my mind!). I was heading to work and approached a red light. Slowed before reaching so's not to have to stop. There was a gaggle of cyclists stopped to the left but no cars (if I remember rightly). I headed into the centre of the lane to avoid the cyclists. and as I approached the lights switched to green so I accelerated to head through the junction. Unfortunately some idiot heading in the opposite direction turned right (into a turn on my left) across my path. I tried to brake but bounced off his left wing, over the bonnet, smashed the windscreen and then onto the tarmac. Was travelling at about 20-25mph I think...

Ambulance and police came. I was told not to move and was strapped into a neck brace thingy. Police took statements etc from witnesses and the driver. I was given a complete check over at hospital but no breakages but a lot of bruising to me left hip and cut to my left leg which needed stitching. Am left with a permanent scar on my leg and occasional recurring probs in my left hip.

Police gave me the drivers number so I called him. My bike was a write off but he wouldn't pay for it, it was worth about £550 but he said he could only afford a couple of hundred. I had no idea what to do next so I went to Russell Jones and Walker (solicitors). In the end he was forced to admit responsibility and made to go on a driver awareness course. I got a new bike, medical expenses and £5500 compensation and his insurance co also had to pay up for my solicitor, photographer (of my injuries) and other costs. Must have been about £10k in total to his insurer. Bet he wished he had just coughed up the £550...

Go to RJW, they were good. The process is long winded and could take a year or more to get money, but might be worth it...

sungod

nasty, hope you recover well+soon

advice as above

do take photos of visible injuries while fresh, as well as of damage to bike, clothes, helmet etc.

write down everything you can remember while it's fresh - just facts, not opinion

keep a list of lost time/earnings, extra expense etc

afaik driver should not have left the scene of the incident, there can be reasons for doing that, i.e. if he wanted to avoid being breathalysed

Nicola-Jane

All the best with your recovery and I hope you back on your new or repaired bike as soon as possible.

I had a similar experience a few years ago and initially attempted to deal with the van insurers direct. This was not something I would recommend the insurers seemed to make everything as difficult as possible and argued about every item i wished to claim for. I eventually instructed a solicitors firm who took the hassle out of it and it didn't cost a penny. They recovered their costs from the company van owners insurance.

I would recommend that you keep any damaged clothing and bike parts and try to obtain a estimates for replacement costs,
If you incur any expenses as a direct result of the accident, make sure you keep a full record of these along with all receipts if possible.

Try www.7lllp.com who specialise in cycling accidents.

fizz

BridlingtonBiker wrote:

Should I contact an injury solicitors tomorrow or just deal with the drivers insurance directly? My bike is quite well beat up as well as clothing, watch, phone etc.

Solicitors, do it soon and dont delay.

I got knocked off in March and I tried to deal with it myself after 3 weeks of getting nowhere I phoned a solicitor and they sorted out more in 3 days than I had manged in 3 weeks. The drivers insurance company gave me the run around and when I spoke to the solicitor dealing with my claim se said this was a very common technique as the insurance company hope you'll give up and then they dont have to pay out.

6 months on, even the solicitor is having trouble with the insurance company to recover the value of my bike that was written off when I got driven into.

I used cycle claims if you google for them you'll find their website.

Best of luck I hope your recovery goes well.

BridlingtonBiker

Thanks everyone. Great advice. I'll now definately be getting a solicitor involved I don't want the hassle dealing with his insurers.

The police weren't too impressed that he'd let the scene as they did indeed want to breathalise etc. Can't say I'm impressed either they still haven't passed on his insurance policy number even though they have confirmed he does have insurance. They also haven't yet taken my statement of events.

I thought they did this as soon as possible so that it was still fresh in your head

BridlingtonBiker

Just an update. I took the above advice and got a solicitor onto my case and god I'm glad I did. We've been in a 2 month battle to just get an interim payment for my bike. I had my bike assessed and written off firstly and as the 2010 Boardmans we no longer available the replacement had to be a 2011 model. Unfortunately for our argument the Boardman bikes have increased in price and the specs on each lever of bike have lowered. We've therefore had to argue with the insurer as to why a bike that cost £700 9 months previous to my collision is now costing £1000 to replace like for like.

Well they've finally agreed to payout the £1000 in the form of a Halfords cheque. I may finally be able to get back out onto the road and face the demons that now reside in my head.

Headhuunter

BridlingtonBiker wrote:

Just an update. I took the above advice and got a solicitor onto my case and god I'm glad I did. We've been in a 2 month battle to just get an interim payment for my bike. I had my bike assessed and written off firstly and as the 2010 Boardmans we no longer available the replacement had to be a 2011 model. Unfortunately for our argument the Boardman bikes have increased in price and the specs on each lever of bike have lowered. We've therefore had to argue with the insurer as to why a bike that cost £700 9 months previous to my collision is now costing £1000 to replace like for like.

Well they've finally agreed to payout the £1000 in the form of a Halfords cheque. I may finally be able to get back out onto the road and face the demons that now reside in my head.

Good luck. It took me a couple of months to get an interim payment for a new bike too... I don't think there was any argument with the valuation by the bike shop that wrote the bike off but it just took that long for the insurance company to pay up. When they have to pay for stuff they take an absolute aeon to get stuff done. I didn't get a final payment and closure sorted until almost a year later.... I was back on the bike about 2 weeks after the crash though, had a couple of bikes... Confront your demons and get back on it!

owenlars

I've just served court papers this week following an accident in May so don't expect anything to happen quickly unless the other guy is super decent and pays up. However this is unlikely and I think that unless you have some firepower on your side the insureres just ignore you on the basis that the longer it takes to pay the more they save and also that some of the claims just go away.

Get some help (CTC, LCC etc) and stick with it to get back what is due to you.

Headhuunter

owenlars wrote:

I've just served court papers this week following an accident in May so don't expect anything to happen quickly unless the other guy is super decent and pays up. However this is unlikely and I think that unless you have some firepower on your side the insureres just ignore you on the basis that the longer it takes to pay the more they save and also that some of the claims just go away.

Get some help (CTC, LCC etc) and stick with it to get back what is due to you.

They can't leave it indefinitely to sort out a claim though, there are specific time frames within which they have to react for each stage of the claim. My solicitor ran me through them, legally they can't just ignore you and hope you go away...

owenlars

Headhuunter wrote:

They can't leave it indefinitely to sort out a claim though, there are specific time frames within which they have to react for each stage of the claim. My solicitor ran me through them, legally they can't just ignore you and hope you go away...

Correct but unless the person who is claiming perseveres the third party insurers will let it drop , if you stop chasing they won't chase you. Hence the reason for getting firepower behind your claim. If you have an insured bike then your insurers will be your firepower, if you have decided to self insure, as many do, then you need to get hold of the relevant expertise through someone like CTC who will introduce you to a reputable no win no fee lawyer. (You will also get third party insurance in case it was your fault!)

I used to be blase about this until it happened to me, I thought that it would be simple to deal with third party insurers as they were all decent and honourable operations. Wrong! They will do precisely what they can get away with, therefore you need the backing to deal with them on your behalf.

rjh299

When I was knocked off I didn't suffer any injuries so only the damage to my bike needed compensating, as this was under £5000 solicitors were unwilling to take my case as I would have to pay their costs. I dealt with his insurance company and issued County Court claim myself, absolute ball ache, solicitor route is the best way to go. I got my full pay out in the end but it took nearly a year. Good luck with your recovery and claim.

Headhuunter

owenlars wrote:

Headhuunter wrote:

They can't leave it indefinitely to sort out a claim though, there are specific time frames within which they have to react for each stage of the claim. My solicitor ran me through them, legally they can't just ignore you and hope you go away...

Correct but unless the person who is claiming perseveres the third party insurers will let it drop , if you stop chasing they won't chase you. Hence the reason for getting firepower behind your claim. If you have an insured bike then your insurers will be your firepower, if you have decided to self insure, as many do, then you need to get hold of the relevant expertise through someone like CTC who will introduce you to a reputable no win no fee lawyer. (You will also get third party insurance in case it was your fault!)

I used to be blase about this until it happened to me, I thought that it would be simple to deal with third party insurers as they were all decent and honourable operations. Wrong! They will do precisely what they can get away with, therefore you need the backing to deal with them on your behalf.

Oh yes, definitely get a no win no fee lawyer involved, doesn't cost you anything and as you say, saves you being treated like crap by the other party's insurers...

mididoctors

the witnesses mean nothing unless you get them into court

if they get a good lawyer [happened to me] any statements taking by the police can be argued as hearsay

make sure your details of witnesses is good

get a solicitor

fossyant

Glad the OP is getting somewhere.

I got BC's solicitors involved with an accident in Dec 08. Got paid out for bike in 6 weeks, then got some more for medical expenses in Summer 09. I spent £2k on physio, and had half repaid by the Summer 09. Only just got another £2k to cover further expenses. I ended up with my shoulder being operated on in Feb this year (took 2 years to get it) and have permanent nerve damage in my neck (affects the arm and shoulder) - this needs a lifetime of medication/treatment - this is the bit we are starting to negotiate. Shoulder injury alone is classed as severe.

It's a long slog sometimes.

optimisticbiker

I count myself very lucky then, as the guy that turned left from stationary traffic across a cycle lane into a parking bay and took me out admitted liability and contacted his insurance Aviva the same day. Fortunately it happened at low speed so grazing/soft tissue damage with no lasting effects, no damage to bike, and just a torn mitt and was back on bike same day.

I had a £200 interim cheque in 3 days and a total of £1500 for injuries within 6 weeks and i didn't have to do anything, not even a claim form! I didnt use an independent solicitor, though i could have, but didnt feel it was necessary. Aviva advised me that I could use one if I was unhappy about their offer but I'd get the same initial offer either way. I was happy to accept whatever they offered (within reason) as it wasn't that serious and I'm not a mercenary type (not that I am suggesting any of you are, but I got stung once on my car insurance for £2500 for whiplash for someone who wasn't even in the 3rd parties car... sadly I couldnt prove it). Anyway I thought £1500 was more than fair.

dilemna

BridlingtonBiker wrote:

Just an update. I took the above advice and got a solicitor onto my case and god I'm glad I did. We've been in a 2 month battle to just get an interim payment for my bike. I had my bike assessed and written off firstly and as the 2010 Boardmans we no longer available the replacement had to be a 2011 model. Unfortunately for our argument the Boardman bikes have increased in price and the specs on each lever of bike have lowered. We've therefore had to argue with the insurer as to why a bike that cost £700 9 months previous to my collision is now costing £1000 to replace like for like.

Well they've finally agreed to payout the £1000 in the form of a Halfords cheque. I may finally be able to get back out onto the road and face the demons that now reside in my head.

You can get a specialist psycologist to assess you for post traumatic stress if you genuinely have probs coming to terms with being knocked down. Your solicitor should arrange this for you.