Been in accident

charlie__w
charlie__w Posts: 3
edited June 2013 in Commuting general
Hi
I have been in a road accident (on my bike). I was hit from behind by a car. The driver fully admits liability, I have witnesses and the incident has been reported to the police. The driver has contacted her insurance company and they are going to call me.
I am just bruised but the bike is probably a write-off as it went under the car. I built the bike so the cost is quite pricey c.£2200.
I have not gone though this before and I don't know how the drivers insurance company (Axa) will be.
Are there any do's or don't's?
I'm not looking for made up whiplash claims just fair replacement of the custom bike and helmet.
Thanks

Comments

  • flappy8
    flappy8 Posts: 172
    Good thing, you’re not hurt.
    I recently dealt with a theft accident for someone else when he had a homemade bike with lots of nice stuff. As many photos as you have helps, and then a spreadsheet with a column of all the components as fitted, with another next to it of the equivalent components that you can purchase now and costs, with their sources. Don’t forget to add the labour for a bike build (even if you do it yourself) and for your project management time (it will take a couple of hours at least to do all this)
    If you look organised and like you know your rights, they probably won’t mess about too much. Sometimes they will say that you have to go through their supplier. You don’t – you have no contract with the insurance company at all. Don’t be afraid to say ‘no’ to them. It’s your right to be put back into the position you were before the accident.
    MTB or Road - They are both good!
  • That's good advice. I was hit by a driver on 26th May 13 and, whilst he admitted liability at the scene to both the police and myself (he turned right across me without looking), he has since done a disappearing act and not come forward to his insurer.

    I've compiled a built list for my custom S-Works Venge that was written off (in the words of my LBS, this is the most damaged bike they've ever seen as a result of a road traffic accident) in the accident and have both an independent valuation and all receipts (the bike was worth over £8000). As a member of British Cycling, I've also contacted their legal advice line and have been put in touch with their recommended solicitors.

    I have detailed photo's of both the car, accident scene and my injuries along with a report from the fire service (the accident happened outside of Millwall fire station at Canary Wharf) who gave me initial first aid at the scene.

    As per the OP, this is the first time in over 15 years or riding and racing bikes that something like this has happened to me so is there any other advice forum members can give me?
  • Thanks for the advice flappy. Sorry to hear about your accident Steve.

    Do you think £120 for the build cost is reasonable? Also, should I claim for the temporary transportation costs?
  • flappy8
    flappy8 Posts: 172
    £120 for a build is reasonable. A quick google would indicate that’s a going rate especially down South. You can reasonably make a claim, say if you’ve had to use public transport instead to get to work. Again you have a duty to minimise those costs to a reasonable level. It’s a good tactic though, because it can encourage insurers to get on with settling up, as if they argue for a couple of months, your costs (their costs) will increase.
    MTB or Road - They are both good!
  • redvee
    redvee Posts: 11,922
    Keep receipts for all out of pocket expenses that you've incurred cause of the accident be it PT, physio appoitnments, new clothing. Anything you have to buy cause of the accident and keep a note for the solicitor and they'll advise which expenses are acceptable.
    I've added a signature to prove it is still possible.
  • bails87
    bails87 Posts: 12,998
    I was also hit by an Axa insured driver. I dealt with them myself (he'd also admitted full liability) and it was pretty easy, hopefully yours will be too.

    Keep a list (and receipts where possible) for when you've had to use the car/bus/train to get to work instead of biking. You should claim this money back once you're back to full health and your bike has been repaired/replaced.

    Claim for a new helmet and any clothing that was damaged. If you need a bike to be built then you need it to be built. The insurers have to pay what it costs, assuming that you're not being charged £2k for one shop when one down the road would do it for £50!

    Be certain that you don't want to claim for injuries before you tell the insurers that you don't. I was hit a second time (not by the same driver!) and thought I was fine, went out for a ride and it turned out that my knee was a bit messed up, but it was only apparent when cycling.

    The principle is that you shouldn't be out of pocket. So, excluding injuries, your clothing that was damaged should be replaced, your helmet should be replaced (both insurers have done this, at RRP, without quibbling for me), your bike should be replaced with an equivalent quality one,where possible like for like (same make and model), your transport costs and the cost of any missed events (e.g., got a sportive booked for this weekend but can't take part as you've got no bike) should be reimbursed.

    Good luck!
    MTB/CX

    "As I said last time, it won't happen again."
  • markhewitt1978
    markhewitt1978 Posts: 7,614
    Were you injured at all? Even slightly?

    Even though you may have built the thing yourself, take it to a bike shop and get them to do a rebuild quote for you. I would imagine the insurance company wouldn't accept you being paid to rebuild your own bike. Even if you do just take the money and do exactly that.

    I was paid for the damage to my bike, as well as new clothing and helmet. They later compensated me for my injuries, which were minor, but the fact is that if I hadn't been hit by the insured driver I wouldn't have been injured!
  • I landed badly on both knees at close to 30mph. Thankfully nothing was broken but I have suffered severe bruising and swelling. I also have to go for an MRI scan on both knees to rule out ligament or cartilage damage.

    I have all my purchase receipts for the bike components, helmet, shoes gloves etc as well as an independent valuation of what the bike was worth and the cost to replace like for like. Sadly for the insurance company (Admiral), they also need to compensate me for a missed trip to Italy for the Gran Fondo Santini and they will have to repay my employer for loss of earnings. Coupled with my personal injury claim, the bill is going to be pretty damn large!
  • markhewitt1978
    markhewitt1978 Posts: 7,614
    I landed badly on both knees at close to 30mph. Thankfully nothing was broken but I have suffered severe bruising and swelling. I also have to go for an MRI scan on both knees to rule out ligament or cartilage damage.

    I have all my purchase receipts for the bike components, helmet, shoes gloves etc as well as an independent valuation of what the bike was worth and the cost to replace like for like. Sadly for the insurance company (Admiral), they also need to compensate me for a missed trip to Italy for the Gran Fondo Santini and they will have to repay my employer for loss of earnings. Coupled with my personal injury claim, the bill is going to be pretty damn large!

    I'm not sure if they'll run to your trip, they may bat that back at your own insurance for your holiday?
    But as for the rest, absolutely, you can claim for any out of pocket expenses you wouldn't have had if you hadn't crashed. However you have an obligation to make the costs reasonable.