Accident advice

outsider78

Hello everyone.

I really appreciate if you could give me some advice regarding the accident I had day before yesterday. And sorry for the lengthy explanation. Trying my best with my cluttered English!

I was trying to get to the front to wait at lights for a right turn at a crossroad. The car right before the bicycle area open the door and clipped my handlebar (passenger door on the front) as I was passing him, and I fell head first ( tumble over the handlebars) on to the asphalt.

It was a two lane road, left lane was going ahead and right lane was for right turn only, so its absolutely crazy to open the passenger door to get out! It was a red light so I think the passenger thought that he could get out of the car quickly before the green. But he rushed and didn't check what's coming on his side (which was me of course).

Impact was heavy, I thought I injured my neck so I was a bit shaky first. Then realised I wasn't injured too bad. My right knee was bleeding and right wrist was hurting a little bit. The guy kept apologising and trying to lift me up and so on... I asked for their registration no, mobile and name and told them that I need to check my bike later on to see if there is any damage and if so, I would file a claim (I usually worry about my bike more than my own well-being ). Driver said that it was OK. Wrote his details on a piece of paper. I still had 20 miles to go home so off I went. Didn't want to wait for the police as I was cold, getting late and didn't think I was injured badly or bike was damaged seriously.

Anyway, got home looked at the mirror to find out I was messed up pretty badly (This should explain all the funny looks I had on the way home!)

http://imageshack.us/photo/my-images/19 ... 83646.jpg/

Last two days got really stiff neck, my head and shoulder hurts, all my left side is aching and got a nasty black eye. I really fed up with letting people got away with these irresponsible behaviours and decided to file a claim.

Called the doctor today to get a Doctor's report regarding my injuries but he says I have absolutely no grounds to file a claim as there is no police report. He'll take a look anyway.

I might be able to get the driver to tell the truth in terms of what happened. But other than that I don't have much to prove my claim unfortunately. No witness details or anything like that as I was rushing to get home.

Do you think is it too late to do something about it?

Many thanks in advance.

bails87

"Called the doctor today to get a Doctor's report regarding my injuries but he says I have absolutely no grounds to file a claim as there is no police report"

That's not true, in the UK at least.

Use the driver's contact details to report the incident to his insurers, or ask him to do it.

Read the "what to do after an accident" sticky thread, you can put the riding off and not doing anything down to shock. You should get any damaged equipment replaced, and compensation for your injuries. But without witnesses it's difficult to know if you'll get anything at all, the driver might just deny it.

Are you in the UK? You were turning right, and going down the left hand (passenger side) of traffic? Not wise at all, you should overtake on the outside.

If you're in a country where they drive on the right hand side then it's not quite such a bad idea, but I'd still stick to 'overtaking' rather than undertaking, unless local laws say otherwise.

outsider78

Hi thanks for the reply. I am in the UK, London.

http://imageshack.us/photo/my-images/252/38021401.jpg/

This is where it happened. Both me and the car was turning right, I wanted to stay on the front of the car, so I kept on the left hand side as there wasn't any room to take over on the right - you can see the barriers.

Car's position was exactly same as the Audi in the image and I wanted use the space in front (there were no pedestrians walking by) One correction by the way, apparently there was no bicycle area at this traffic light. Sorry my mistake.

I don't understand why would anyone open a door in the middle of the road like this, you see both sides have barriers, other cars were going straight ahead on the left lane.

So you say I speak to driver and report the incident to his insurers. If he doesn't want to do or denies it, there isn't much to do.

Thank you!

Pufftmw

There is an offence, in this country, of opening a door without checking (Section 239 of the Highway Code). If you know the name/identity of the passenger that would help.

In the first instance, I would suggest you put together the details of your claim detailing any reasonable losses, expenses incurred as a result of the accident and then give the guy a ring and ask for his insurers details. If he refuses, then contact the police as he has to provide by law.

I would make the comment that a soft tissue injury such as you have received is almost negligible as a claim (£50-£150? ) & the person responsible, the passenger, would't be paying but rather the driver's insurance company would. But it is your choice.

fossyant

Please sort out those photo links as I got tonnes of popup spam adverts - ended up task manager closing stuff.

Go to GP and get injuries logged. A&E if necessary. Report to Police and get it logged. Photo injuries and damage.

1. You could contact his insurers. Have you got BC or CTC insurance - if not why not - £36 per year well spent. If driver being difficult, get in touch with a cycling solicitor.

bails87

First thing I'd do is speak to the driver, ask him to report the incident and give the insurers your phone number. Get the insurer's details.

Depending on his attitude either wait for a call back or tell him you'll be phoning the insurers tomorrow morning, to encourage him to report it.

I can't see the photos (at work) so can't comment on them, but if your injuries are serious, or even if not, you should get in touch with a solicitor. (Too late now, but join British Cycling or CTC to get free legal support and third party insurance). Get photos of your injuries before they heal!

Read this:
viewtopic.php?f=40052&t=12722930

None of the above is professional advice, just what worked for me when I had a minor prang last year, the driver was honest and put his insurance in touch with me straight away, so there was no issue with witnesses or apportioning blame. Who knows how your driver will be, hopefully as friendly as he seemed at the roadside. If I were you, I wouldn't discuss much with the driver, just mention damage to the bike, rather than going into specifics on injuries.

PuffMTW: I had soft tissue injuries after being hit, and got a lot more than £150! From what the OP has said, it would be worth pursuing this.

fossyant

Oh go on - whats road rash worth (hip & shoulder)? That's the very minor part of my claim.

PS to the OP - be careful with any hip/knee and especially shoulder damage. My shoulder was really messed up and still is 3 years later.

outsider78

Thanks everyone for replies.

OK I'll speak to the driver today to get the insurer's details. See where we go from there.

Been to the GP today, he has written the statement: Road rash on the cheekbone, chin, black eye, injured left shoulder, arm and stiff neck also rash on the right knee.

Luckily my injuries aren't too bad. I am just annoyed with myself that I had about 4-5 accidents in the last three years and let all of them go as I couldn't be bothered. Don't want to do it this time.

Thanks again for responses...greatly appreciated...

@fossyant sorry for the annoying pop-ups, imageshack.us usually is good with spamming. Not sure what happened. I'll try to move the images somewhere else.

fossyant

Remember if you are out of your depth claiming from the insurer direct, get a solicitor. Monitor how your injuries go - pay attention to hip, shoulder, neck !

bails87

And read Cyclecraft if you haven't already, to try to avoid the accidents in the first place.

Good luck with the healing and claiming, stay away from those doors!

outsider78

Thanks for your wishes and advice Bails.

I am usually OK with bike handling, though there are times there is absolutely nothing you can do but hope that you're not going to break your collar bone again or worse

I know it was going to happen at some point, its a matter of time more than anything else... you know you're going to get knocked over regardless, specially if you're doing a long commute (mine's around 250 miles a week) !!!