QUICK advice RE an accident!

kamil1891

Long story short, I've been hit yesterday by a taxi driver. Bike damaged, clothes etc, would be going to see physio for sure as well. Today I wanted to start sorting things out. The driver takes responsibility and everything and I've got witnesses. He visited me today and when I asked how we are going to sort this out, as I don't want to go straight away the solicitors way, and also asked about his insurance details he kept saying that he is sorry etc, but can we sort things out in one of the private claims company? He says I will get money quicker for everything and I presume that it will be a lot better for him.

Does it sound legitimate and is it actually legal ?? He says he will come back in 1.5hr and we will go there to make a claim...

steve6690

Sounds like he might not have insurance. You're injured and have witnesses so you'd be wise getting a personal injury solicitor involved. Going to a claims company with him is just weird.
I would advise against entering into any kind of "I'll give you 50 quid a week" arrangement.

jgsi

Puts you in awkward postion... have you gor BC/CTC membership for their advice?

kentphil

When I got knocked off I went through the drivers insurance company. I got a witness statement which was a VERY important issue. I only claimed for my bike though as I wasn't actually injured. It many months of phone calls and letters but I got a good amount back to cover the costs of my damaged bike.

If your injured yourself I'd go through a claims company perhaps. I'd ring the police to register the accident in case he isn't insured.

kamil1891

yes, i've got a BC and everything. Sounds weird, he has been checked yesterday by Police and they said he is legitimate. He now claims he has a take away etc, I don't know what that mean to him but maybe he will be worse off if we go through his car insurance.

He also accepts his fault and says that he understands that I want my money back etc. I will go and see what it's like but I will switch on dodginess detector

Thanks for advice!

kamil1891

What I'm going to do now is go to see my GP. I've got stitching in my knee which doesn't look good and yesterday when I was take to hospital I couldn't even move that leg. Todays it seems a lot better but I want my performance back as soon as it's possible.

Re the bike, frame is cracked, wheel is completely ruined and many scratches around. I know more or less what I've lost in terms of money.

If he hasn't got an insurance then that bad news for him (and me?) and the strange thing is I keep asking him about it and he goes on different topic straight after. Yesterday he gave his details which were checked by police but I don't know why they didn't check his insurance too and state the details with the rest. I wasn't able to think at the place of accident as I was firstly really cold, secondly really hurt and thirdly felt like dead.

OwenB

If he's a taxi he must have insurance to hold a licence, I'd call the local licensing authority and ask the question to them, they should be able to tell you if he's a currently licensed driver and if he holds insurance or not.

dov2711

From personal experience I would put it in the hands of the lawyers, no offence to the guy but you want a quick resolution and full refunds of cost.

4 months after my accident with; witnesses statements, police involvement, admission of blame I am still no further forward to getting bike and gear paid for and thats with good legal support and my LBS bending over backwards to assist.

The claims company will try everything to minimise payments offered ie I was offered £20 for a £160 selle smp saddle as it was "only cosmetically damaged" (ripped leather about 2 inches long) they are also insistent on getting reciepts and offer what you paid rather than what the cost of replacement is which slows the process so save yourself the headache and get support.

Ron Stuart

You have paid a subscription to either BC and/or the CTC to cover just this issue. Let them give you advice not this forum. He sounds as safe as a chocolate fireguard just talk to the right people.

kamil1891

Strange guy and even though he is pretty honest I can smell something dodgy. I keep asking him for the insurance details and he keeps saying ''don't worry, don't worry'' ... If he as he says in 30minutes doesn't offer any sensible and legitimate and legal solution then I'm going to call BC, Police etc.

Thanks for advice again

Bozman

Give the guy a chance to pay up in full.

Anyone who's had an accident knows how long it can take to get you pride and joy back to it's former glory or the cash alternative.
If you're physically ok - i'd note everything damaged, get a print out of the rrp value and give the guy a chance to pay up in full, if he says no you get the solicitors involved.

if nobody got injured what are you going to gain by going to a solicitor....... a long wait and you'll be filling the pockets of some over charging solicitor, in the mean time you could have an amicable cash settlement and nobody loses and nobody gains from your misfortune. Plus sometimes the insurance company take the claimed on goods, in your case you'll keep the lot and could flog them on.

Ron Stuart

I'll say it again

"You have paid a subscription to either BC and/or the CTC to cover just this issue. Let them give you advice not this forum. He sounds as safe as a chocolate fireguard just talk to the right people. "

kamil1891

Ron Stuart wrote:

I'll say it again

"You have paid a subscription to either BC and/or the CTC to cover just this issue. Let them give you advice not this forum. He sounds as safe as a chocolate fireguard just talk to the right people. "

That's what I will do soon Thanks!

ad_snow

Ron Stuart wrote:

I'll say it again

"You have paid a subscription to either BC and/or the CTC to cover just this issue. Let them give you advice not this forum. He sounds as safe as a chocolate fireguard just talk to the right people. "

This. Just give them a call. The situation isn't going away - don't rush and make any stupid decisions.

cookdn

Bozman wrote:

Give the guy a chance to pay up in full.

Anyone who's had an accident knows how long it can take to get you pride and joy back to it's former glory or the cash alternative.
If you're physically ok - i'd note everything damaged, get a print out of the rrp value and give the guy a chance to pay up in full, if he says no you get the solicitors involved.

if nobody got injured what are you going to gain by going to a solicitor....... a long wait and you'll be filling the pockets of some over charging solicitor, in the mean time you could have an amicable cash settlement and nobody loses and nobody gains from your misfortune. Plus sometimes the insurance company take the claimed on goods, in your case you'll keep the lot and could flog them on.

Pants advice, if you are a British Cycling member let them sort it out for you.

Incident Helpline
Tel: 0161 274 2015
Email: incident@britishcycling.org.uk

More advice in this commuting thread.

Hope you recover quickly.

Bozman

cookdn wrote:

Bozman wrote:

Give the guy a chance to pay up in full.

Anyone who's had an accident knows how long it can take to get you pride and joy back to it's former glory or the cash alternative.
If you're physically ok - i'd note everything damaged, get a print out of the rrp value and give the guy a chance to pay up in full, if he says no you get the solicitors involved.

if nobody got injured what are you going to gain by going to a solicitor....... a long wait and you'll be filling the pockets of some over charging solicitor, in the mean time you could have an amicable cash settlement and nobody loses and nobody gains from your misfortune. Plus sometimes the insurance company take the claimed on goods, in your case you'll keep the lot and could flog them on.

Pants advice, if you are a British Cycling member let them sort it out for you.



Incident Helpline
Tel: 0161 274 2015
Email: incident@britishcycling.org.uk

More advice in this commuting thread.

Hope you recover quickly.

C*ck, if nobody is injured and he comes up with the cash what difference would it make?
If someone bumped into your car and offered to pay in full when you get a quote from a garage of your choice, would you turn it down?
I've been knocked off a bike on three occasions, on the two where i didn't get injured i'd have ripped their arm off for a cash settlement rather than go through the hell of solicitors.
On the last occasion that i got knocked off the solicitor charged the the womans insurance company nearly £9000 and they dragged their feet for bl**dy months dry squeeze every last drop of cash out of them, i wonder why we all pay so much for insurance now?

paul_mck

probably better for him to pay you directly than take an increase in premium. A taxi drivers premium is likely much higher than a regular drivers.

Thats fine if he coughs up quick and there are no injuries to consider. I got hit by a taxi driver in my car, I told him how much to fix and he paid me. Less hassle for me (I fixed the bumper rather than replace it) and less for him. Now I dont have to declare a claim everytime I get a quote for insurance.

Work out a total cost and if he agrees then let him pay. If he doesnt, let insurance deal with it. But better to handle it yourself imo. Doesnt mean he is trying to stroke you.

meesterbond

The key here is 'if you're ok'...

If you can guarantee that you're 100% ok and won't be needing more physio and won't have any problems in the future as a result of this, then by all means take the money. You can itemise everything that needs replacing and anything that you're out of pocket for and job done.

If you're not certain of the above, then taking the money will make any future claim a lot harder, were the injuries to get worse. In this case, I'd definitely contact BC and let their solicitors deal with it.

paul_mck

oh exactly, you cant put a figure on an injury, as the NHS will prob suck at getting it sorted.

kamil1891

A bit of an update. Spoke with the guy and he said that he called his insurance etc about the accident and he will pass me the details soon, so I can call the insurance company directly. He doesn't have the cash to give me right now but he is really afraid that if I go the solicitors route and I will if he and his insurance company are not going to cooperate quickly with me, then they will charge him an arm and a leg. However, if the insurance company is smart enough they will be willing to cooperate I hope.

The guy up to this point is very polite and understands his fault, so being kind myself I also understand him that he could be really overcharged. That's why he is offering his solicitor in case the insurance doesn't want to pay out the right amount straight away.

I've had one accident overseas and this way I've got everything sorted within few weeks. Hope that's the case here.

Anyway, I won't be rushing with this and hope it goes nice and easy As far as I'm concerned I've got few years for claiming through BC so, few days delay (in case) won't be a big problem.

kamil1891

As for the injury I will go to see my GP tomorrow. Today I've made an appointment and I will probably have to visit physio few times. I'm not an expert but I don't think anything really serious has happened. I'm young, I know my body a little bit, never have anything broken in my life even though I've had some very serious crashes so I don't expect to take any medication/therapy for many months. I could be wrong though..

Ron Stuart

kamil1891 wrote:

As for the injury I will go to see my GP tomorrow. Today I've made an appointment and I will probably have to visit physio few times. I'm not an expert but I don't think anything really serious has happened. I'm young, I know my body a little bit, never have anything broken in my life even though I've had some very serious crashes so I don't expect to take any medication/therapy for many months. I could be wrong though..

A wise move seeing the Doc and get some photos taken of your injuries plus the busted bike and clothes.

ad_snow

+1 for taking photos. My housemate broke his clavical in the summer and the pictures of the bruising/swelling developing are instrumental in his claim that he is making.

Camus

Not much to add to some useful advice already given, but protect yourself as much as possible to make sure you are fully compensated, if you need to consult a lawyer/solicitor then do so (I would say do this if you're going to have ongoing problems with your physical health; if you're going to be totally fine then it would be a safer situation in which to accept a payment from him for replacing your gear). It's nice that you're empathetic to his circumstances but he did knock you down, even if he's remorseful/accepting of responsibility.

Definitely make a photographic record of damage to yourself and bike/gear as evidence and get statements from witnesses.

Did this happen in Rochdale, and if so, whereabouts? Just asking because I know the place.

Good luck with getting everything resolved anyway and hope your leg's alright.

inkz

I'd make sure I had cash straight away if he was going to pay up or I'd be straight on the insurance. I've seen friends get done by the old I'll pay you x amount just ring me, and magically their phone is never on or whatever and they get nothing.

kamil1891

The accident was on the Rochdale road, roundabout in Middleton. The driver approached it without due consideration despite the fact I've got good lights etc. But accidents happen. I'm pretty happy as I am as unfortunately, a lot of people end up worse. I was lucky in a way.

I've spoken to the insurance company. They seem to be pretty organised, don't need the witnesses statement as the driver already approved his fault. Now I've just have to take my bike to LBS for the assessment etc and send them all the details. And tomorrow see the GP, go to physio take a statement of any potential costs and send them that as well.

Thank you lot for the advice. I really appreciate it

navrig

Take it through the insurance.

If he is insured then you will recover your losses.

If he is not insured you have some chance of recovering your losses through BC or a civil case both of which may be hampered if you delay through direct discussions.

Yes, his premium may go up but that is his issue not yours.

cookdn

Bozman wrote:

C*ck, if nobody is injured and he comes up with the cash what difference would it make?
If someone bumped into your car and offered to pay in full when you get a quote from a garage of your choice, would you turn it down?

Yes, because however pragmatic this may seem the financial risk is mine if something unforeseen happens. If the other party accepts liability there is no reason not to get their insurer to sort out the damage direct. In a motorist on motorist collision most 'good' insurers will jump at this opportunity as it allows them to keep control of the claim costs.

Bozman wrote:

I've been knocked off a bike on three occasions, on the two where i didn't get injured i'd have ripped their arm off for a cash settlement rather than go through the hell of solicitors.
On the last occasion that i got knocked off the solicitor charged the the womans insurance company nearly £9000 and they dragged their feet for bl**dy months dry squeeze every last drop of cash out of them, i wonder why we all pay so much for insurance now?

Contacting the British Cycling and getting their advice and support does not equate to going nuclear with no-win,no-fee solicitors. By all means you can try an deal with these things amicably but why not use the support of BC if you have access to it? You also need to be confident that you are not doing something that could prejudice a more formal claim if the motorist starts to get uncooperative or it escalates into a more long-term injury.

Best regards

kamil1891

Thanks for advice again.

I'm taking it through his insurance at the moment. Insurance company seem to be legitimate and helpful, so no need for solicitors. He approved his fault so so no even need for witnesses, even though they are prepared for statements if scenario changes.

Now they asked me to provide assessment from my my LBS. receipts for the bike if possible and also estimates of the injury from my GP or physio.

fast as fupp

youre dealing directly with his insurance company?

they will rip you a new one!

phone b.c. asap

kamil1891

fast as fupp wrote:

youre dealing directly with his insurance company?

they will rip you a new one!

phone b.c. asap

Yes, is that wrong to do?

I did that before but in a different country and didn't have any problems. And it seems to be resolved a lot quicker than going through solicitors/BC etc. Am I wrong?