got knocked off today-few urgent questions

pip001

hey everyone.got knocked off the road bike on the commute home today.car straight out off a give way side road straight into me.went straight into the cars wing and over the bonnet. my bikes got a squshed front end.wheel forks ect.i got some pics and a witness.shes reported it to the police and is ringing me tomorrow with her details.how best to proceed.talk direct to the insurance or get my own solicitor and pursue my claim for my bike.not sure about these things.thanks for the help

pip

thistle_

Here ya go:
viewtopic.php?f=40052&t=12722930

Hope you're not too badly hurt.

First.Aspect

Hope you are okay.
Go with your own representation, by some means. The insurers aren't on your side.

Team4Luke

if your BC use them, only advice I would say is have no contact with the driver or their insurer.

cookdn

pip001 wrote:

hey everyone.got knocked off the road bike on the commute home today.car straight out off a give way side road straight into me.went straight into the cars wing and over the bonnet. my bikes got a squshed front end.wheel forks ect.i got some pics and a witness.shes reported it to the police and is ringing me tomorrow with her details.how best to proceed.talk direct to the insurance or get my own solicitor and pursue my claim for my bike.not sure about these things.thanks for the help

pip

Unless you witnessed her contacting the Police, report it yourself. If you telephone 101 and speak to your Constabulary's control centre they should be able to tell you from their records using the vehicle registration whether the collision has been reported or not.

The other driver may seem to be cooperative at the scene, but after 24 hours to mull it over and speak to friends and family, who will probably be less than sympathetic with your position, there is a reasonable chance that they may change their stance. I was in exactly that position, struggling to get insurance details until I called the other drivers bluff and contacted the Police myself.

I hope this works out and you are quickly back on the road.

Best regards
David

jonny_trousers

Get your injuries checked by a doctor - either at A&E or your GP's. Mention every niggling, little pain, as if something flares up and it's not in your records the insurers may well suggest it did not come about through the accident.

The down side to using a solicitor is that it may take time (I'm only just about to settle a claim 22 months after the accident), so by all means negotiate with the insurers yourself, but you may well end up with less in your pocket if you do.

Feel better!

pip001

thanks for all the help,just feel really beat up today.the girls/drivers dad rang me today,said they would like to avoid using insurance if possible,coming tomorrow to look at the bike.if they dont replace it then its definitely gonna b insurance.

First.Aspect

Of course, its your choice. However, they are obliged to tell the insurer and not to do so is insurance fraud. As I understand it, if there has been a police report filed which is associated with the vehicle, the insurers find out anyway. So it might be a pointless gesture on their part. And remember, they aren't suggesting it for your benefit.

The potential up-side of not going through insurance is speed of settlement, but that's just about it. The down side is that you really have nothing to do if you realise that you have persistent knee pain or back pain once you start cycing again, for example.

An advantage of going through insurance is that you have some formal recourse.

My guess is that they want to avoid insurance because they've only knocked a cyclist off and they assume that the cost of a few bits for you will be less than increased insurance premiums. I've found that there is sometimes some shock that new bits and bobs for a road bike, plus kit, helmet, etc. can quickly get to £500-£1000.

You are entitled in principle to be placed in as close as possible to the same position as before the accident and you have to take a hard but fair attitude, even down to cosmetic damage to saddle, shoes, shifters, bar tape, a new helmet, etc. It all adds up. If you forget the bent chain ring, cork bar tape and the blinkie that doesn't work any more, suddenly you have lost £100. Tyres and tubes. Could be £50 a wheel. Factor in a couple of weeks on the train while someone fixes your bike (the labour for which is another £130) and the bruising goes down and suddenly there's another £200 gone. The minutii can add up to as much as the headline items like a new fork. And that is without thinking about pain and suffering, however small.

Are these people going to help you get your bike to the local shop for the frame to get assessed? Are these people going to pay for safety replacements of parts which look okay, e.g. aluminium bars that have taken a hit?

Its a hassle going via insurance but it likely to be the best for you in the long run. However I don't know how important all of this is to you in comparison to what has happened and drawing a line under it. Whatever you decide, don't get pressured into anything by the person who caused the accident.

cookdn

pip001 wrote:

thanks for all the help,just feel really beat up today.the girls/drivers dad rang me today,said they would like to avoid using insurance if possible,coming tomorrow to look at the bike.if they dont replace it then its definitely gonna b insurance.

By all means let them visit and hear them out. However nice they may seem don't forget that they are simply trying to mitigate the financial consequence of the collision to themselves, not look after your best interest.

One strategy to protect yourself could be to get them to make arrangements with their insurer to deal with the claim on the basis that they then re-imburse their insurer once the claim is settled. I know this happened from time-to-time when I worked for Norwich Union and allowed customers to retain their NCD (the policy was still loaded because of the increased risk). This could work as long as you are not interested in seeking compensation for your injuries.

Finally I would ask them for their insurance details upfront before entering any further discussion. Not only does this mean that you can deal with their insurer should you have to show them the door because a mutually acceptable agreement cannot be reached, it also is an upfront demonstration of their willingness to cooperate. If they are unwilling to provide this information politely ask them to leave and contact the Police. Withholding details of insurance is an offence under section 154 of the Road Traffic Act.

Be careful and best of luck.

Best regards
David

Koncordski

Hiya, hope you're on the mend. I would echo the above and make sure the accident was reported to the Police asap. Then if you're not a member of British Cycling or similar, join today and speak to their solicitor. Then politely decline the settle without insurance offer and let your side handle the claim. You'll have no recourse if you develop injuries later on if you don't handle it properly now. As others have said, they aren't offering to settle this to help you they are doing it to get out of any increased premiums. That my friend is not your problem.

rolf_f

If there is any chance of ongoing injury I wouldn't even consider the non-insurance approach.

If it is purely bike damage then maybe I'd consider leaving the insurance out of it. I had someone go into the back of me and my insurance company (Direct scumbagLine) were absolute bastards about it to the point that they threatened me and tried to hold my car hostage! And this when I was the innocent party. So, on that basis, if someone offered me a quick cash settlement to cover what I wanted I'd grab it and not feel any qualms about it whatsoever.

jonny_trousers

Rolf F wrote:

So, on that basis, if someone offered me a quick cash settlement to cover what I wanted I'd grab it and not feel any qualms about it whatsoever.

This is worth considering. Going through solicitors takes a lot of time and makes them money out of your misfortune. That said, you must be very sure that you will not need any costly treatment in the future.

I'm not for one second suggesting you ask for more than you deserve, but do bear in mind, by settling privately, you will potentially be saving the girl/her father thousands in increased premium.

kelsen

I was knocked off a couple of weeks ago. Scrapes, bruises, minor damage, and was prepared to let it go, but out of principle for the shocking way the driver reacted to the whole incident, I followed it up with a solicitor provided by my membership to British Cycling. The process was pretty straightforward, a few forms to fill in and some photos submitted and now just waiting to hear the outcome. The fact that the legal firm was affiliated to British Cycling probably helped a long way. As I said in my other thread, my motivation was not to do with money, but it was the fact that this driver would otherwise not be penalised for her careless driving nor her terrible attitude.

Asides from the fact that you expect to be compensated for the damage to your bike, you have to think whether the driver has learnt a valuable lesson and won't make the same mistake again; or if the next time she pulls out without checking properly will result in much more serious consequences. It's all and well settling amicably with you to avoid the insurance costs, but sometimes premiums need to be increased for a very good reason.

slowbike

First Aspect wrote:

Are these people going to help you get your bike to the local shop for the frame to get assessed?

Good few years ago - on a bike that cost less than most ppls wheelsets I got knocked off by a bloke opening his car door on me.
Damage was a bent wheel - he put the bike in his car - took me and the bike to the nearest lbs - took me up to college (3miles) and then came and picked me up in the afternoon - back to the lbs - one repaired bike - he paid for it and I rode home.
Simple - but sometimes effective - and avoids unnesersary extra cost. If you're lucky!

pizzoferro33

I was side swiped by a car a couple of years ago; bike slighly mangled - me, very badly bruised following a rather large bounce into the air, onto the windscreen then flat on my back into the road.
Insurance detail swapped; I was expecting the process to be very difficult.

To my surprise, the insurance company were contacting me pronto. Told me, get your bike fixed, replace helmet, clothing etc + any medical costs, KEEP RECEIPTS and send to us - I needed physio once the injuries set in (HAVE HAD A BAD BACK SINCE THE ACCIDENT). The insurance sent follow up letters to check I was OK, did I need any furhter assistance from them etc etc. As one of the guys said before, if you have sustained a long term injury (which may not be apparent just now) insurance is the best way.

I would strongly advise that you have your bike checked out throughly too - especially if theres any carbon - may have a hairline crack or two not visible to the eye - you do not want that snapping on you moving along!!

Use the insurance - thats what its there for!.

REVIEW THIS BR LINK; viewtopic.php?f=40052&t=12722930

hatbeard

What to do in case of an accident:- http://www.lfgss.com/thread4213.html

jonny_trousers

pizzoferro33 wrote:

I was side swiped by a car a couple of years ago; bike slighly mangled - me, very badly bruised following a rather large bounce into the air, onto the windscreen then flat on my back into the road.
Insurance detail swapped; I was expecting the process to be very difficult.

To my surprise, the insurance company were contacting me pronto. Told me, get your bike fixed, replace helmet, clothing etc + any medical costs, KEEP RECEIPTS and send to us - I needed physio once the injuries set in (HAVE HAD A BAD BACK SINCE THE ACCIDENT). The insurance sent follow up letters to check I was OK, did I need any furhter assistance from them etc etc. As one of the guys said before, if you have sustained a long term injury (which may not be apparent just now) insurance is the best way.

I would strongly advise that you have your bike checked out throughly too - especially if theres any carbon - may have a hairline crack or two not visible to the eye - you do not want that snapping on you moving along!!

Use the insurance - thats what its there for!.

Wow! Good to hear such a positive story! It makes perfect sense for insurance companies to be so helpful as it saves them solicitor costs. Unfortunately not all behave with the same level as responsibility as yours. A mate of mine was making a claim recently and they questioned the condition prior to the accident of every last item of damaged clothing, suggesting they shouldn't have to pay the price for new.

+1 for the carbon thing. When I had my bike crash assessed at Condor they told me the fork looked ok, but because of the impact it must have taken they had to write it off.

il_principe

Photograph everything, make sure the police are involved and have the witnesses details. Get checked out by a doc. You may regret accepting a few £100's now if it turns out you have an underlying injury.

Also I'm of the view that drivers who clobber cyclists like this (I had the same done to me - broken collar bone the result) should be punished with a higher premium. Hopefully the dent in the pocket will encourage them to open their eyes in the future and hopefully not hit anyone else.

domgears

I also had a pleasant experience with insurance and a private hire cab! I guess it all depends on the person handling the case file.
Several years ago, I was going through a set of traffic lights, a private hire cab was waiting to turn right across my lane, he did turn just as I was in front of him, I bounced across his bonnet and off his windscreen landing on the road to the side of the cab.
I immediately jumped up, kicked his cab and called him an effing blind bar steward but he looked more in shock than I did, a few people came over and offered their details as witnesses. The driver said he would wait while I carried my BSO back to the shop where I was working, he then drove me home from Central London to Seven Sisters giving me all his insurance details, I got home, showered and changed then went to my first night of a second job.
A few days later he was chasing me up to see if I had contacted his insurance company, he had already made the report, I hadn't done anything. A few days later his insurance company were calling me for details, pushing me to complete what ever I needed to, I only had minor whiplash and a sore back, a few days of physio etc for the insurance report and that was that.
Within a month or so I received payment of 3,000 GBP, so basically I did sod all, the driver and the insurance co' did all the follow up and I got a nice payday, not that I would recommend doing nothing, I was young and stupid, this is just to demonstrate that not all insurance co' staff or other parties involved are difficult and evasive, some can be great.

OP, fingers crossed for you, keep us posted, how did the visit from the offenders father go?