Wife had an accident

onemoresolo

Riding home from work this evening my wife was involved in an accident with a taxi driver that has left her with a badly damaged shoulder, concussion and cuts and bruises. The bike is also a bit of a state. I won't go into exact details for obvious reasons but the taxi driver appears to have admitted fault for it and my wife has the details of 3 people who witnessed it. There is possibly also CCTV from the scene. She has been to A&E this evening for x-rays etc and they have taken details of her injuries. The driver is keen to avoid insurance but I am hugely reluctant to accept that as:

a) Why should we do him a favour when his driving caused the accident?
b) I'm reluctant to settle for bike damages alone when there is likely to be further losses caused (e.g. time off work, physio etc)

Could someone please advise the next step? We will be reporting it to the police in the morning. If legal advice is required, I'd be open to your recommendations/suggestions. Thanks all.

nicklouse

read viewtopic.php?f=40052&t=12722930

onemoresolo

Thanks, really helpful. Stupid question, but struggling to find our local police station (budget cuts I'm guessing...). Is there a non-emergency number you can report an accident to or can you do it at any police station?

tgotb

Dial 101 for non-emergency calls to the police.

veronese68

Can't really add anything to the link that Nicklouse posted but I would agree that you shouldn't avoid insurance. After my accident last year although I only had 1 day off immediately after the accident, but I had a total of 9.5 days off with various appointments for physio and doctors. Thankfully I was paid for all of them, but she may not be so lucky. Although my bike wasn't really damaged the costs for public transport and damaged clothing were soon up to the £400 mark. The little things add up remarkably quickly.
More importantly, hope she's not feeling too bad this morning and heals fast.

Kieran_Burns

The thing is: the taxi driver will almost certainly not realise the costs involved and is thinking "Oh, it's just some cheap bike that'll cost a couple of hundred quid to sort"

When the (itemized) bills start turning up he'll soon change his mind.

Go through insurance.

rubertoe

Always go through the insurance.

markhewitt1978

rubertoe wrote:

Always go through the insurance.

Agreed, insurance is a hassle but it's the best thing in the long run. When I got knocked off my bike I didn't want to involve insurance but the driver insisted and I ended up getting a much bigger payout than I'd wanted in the first place.

Jehannum

Is it not an offense to not report this to plod? Also, his insurance company deserve to know how he drives.

GWS.

J.

Headhuunter

Kieran_Burns wrote:

The thing is: the taxi driver will almost certainly not realise the costs involved and is thinking "Oh, it's just some cheap bike that'll cost a couple of hundred quid to sort"

When the (itemized) bills start turning up he'll soon change his mind.

Go through insurance.

Definitely. When I was hit in 2009, I phoned the driver to tell him that my bike would cost about £550 to replace he was aghast and said he would only pay a couple of hundred quid... In the end I went through a no win no fee lawyer and got compensation as well but basically all I wanted was the cost of the bike but I'd forgotten time off work, medical costs, costs of taking public transport to work for 2 weeks while I was off the bike etc etc... It soon mounts up

slowbike

My only off involving a vehicle (doored!) resulted in a knackered front wheel - the driver was suitably shocked and apologetic at the time of the accident and took me and my bike to the LBS for a quote & repair (then took me on to college - it was quite a few years ago!) . It was a touring bike and not worth a lot - so a replacement front wheel didn't cost much. Also, I was not injured (a couple of grazes) - so it didn't matter to me whether we went through insurance or not - in fact it was a lot easier NOT to go through insurance as the driver picked me up & went to get my bike later the same day.
By not insisting on going through insurance I had a very quick and amicable resolve - and it cost the driver far less than his excess and saved us both a lot of time & hassle.

For a more expensive bike & injuries I would think it's going to have to be an insurance job - but your claim is from the taxi driver - not his insurance co. If happened to me/my wife as we're BC members - I'd be contacting a BC recommended solicitors firm to ensure it was resolved fully - that's partly what we pay membership for.

kelsen

Yup +1 for going through insurance for all the reasons already mentioned.

Not advocating compensation culture, but your wife should be entitled to it from the point of view that this incident has affect her immediate future around work and potentially long term as well if it's a nasty injury.

None of this will have been considered by the taxi driver.

onemoresolo

Thanks all. Initial damage looks to be shifters and front wheel, but given the damage to the latter the frame and fork (carbon) will need looked over very carefully. She has already had today off work and potentially tomorrow. I hadn't considered future days off work for hospital, physio etc so that is something we will bear in mind. Will definitely be involving a solicitor just to ensure nothing is missed. As someone pointed out above, it's not about grabbing all the compensation available but ensuring we are not left out of pocket by a situation that she did not contribute to.

steve6690

Jehannum wrote:

Is it not an offense to not report this to plod? Also, his insurance company deserve to know how he drives.

GWS.

J.

As long as they exchanged details at the scene there is no obligation to report it to the police.

sadlybiggins

Don't forget that some injuries/damage could take some time to appear/resolve so I'd definitely go the insurance route as others have said, just in case the driver has a change of mind etc.

jedster

You should definitely go the insurance route just in case she experiences long term medical problems (god forbid)

First.Aspect

The taxi driver can't afford the compensation. It could quickly get to several thousand and if you don't go through insurance I doubt you'll see a fraction of that.

He's also thinking in terms of "only clipped a cyclist". It does sound a bit more serious than this. If he'd run over a pedestrian, would there be any question about paying to replace a scuffed jacket and saying sorry old chap?

No.

tailwindhome

For talk sake.

What would the forum do if it transpires the driver has no insurance?

Would the 'uninsured drivers compensation scheme'* cover it or would you be better taking a couple of hundred and call it a day?





*the name of the scheme escapes me now.

onemoresolo

So, let me just check this is clear, go through the insurance?

Seriously, thanks all. Very helpful. Have a couple of solicitors to speak too tomorrow.

djfleming22

Imagine if you wife had just fallen off her bike because of something she had done wrong ... she more than likely would have got up been a little embarrassed dusted herself down had a little to moan to you..you would have looked at the bike shook your head and fixed it .... now i am not saying that's its not terrible she got knocked off and hopefully she will get better soon ... but as soon as someone gets knocked off the cash register starts... no wonder our society is so full of greed .... why cant you just give the guy a chance its not as if he did it intentionally if he pays to fix the bike etc well good on him and good on you for letting him do it...all we here about nowadays is after an accident is physio and specialist care for that.... no wonder insurance is so expensive

onemoresolo

I'm sorry but that's utter rubbish (and that's being polite). If she'd fallen off it would have been her fault so she'd have taken it on the chin and we'd have sorted things out ourselves.

However, as a result of someone else's entirely uninvited negligence she has had to spend 5 hours in A&E, will miss several days of work, have to spend weeks in discomfort waiting for her injuries to heal and had her bike trashed. We were due to go cycling in France in less than a month's time. If someone gave her the choice of compensation or being fit and healthy again she would choose the latter every single time.

With time off work and any future treatment required this could potentially cost us hundreds of pounds - you're an idiot if you would lie down and accept that!

First.Aspect

djfleming22 wrote:

Imagine if you wife had just fallen off her bike because of something she had done wrong ... she more than likely would have got up been a little embarrassed dusted herself down had a little to moan to you..you would have looked at the bike shook your head and fixed it .... now i am not saying that's its not terrible she got knocked off and hopefully she will get better soon ... but as soon as someone gets knocked off the cash register starts... no wonder our society is so full of greed .... why cant you just give the guy a chance its not as if he did it intentionally if he pays to fix the bike etc well good on him and good on you for letting him do it...all we here about nowadays is after an accident is physio and specialist care for that.... no wonder insurance is so expensive

Wait until it happens to you. Read the post - the cyclist has an injured shoulder. Three or four physio appointments and you are up to a few hundred quid. A few weeks' commuting expenses, replacement cycle clothes, replacement cycle parts, replacement bike. What are we up to now? If someone hit your car and you end up paying £600 for a new door, would you think yourself a cash register to seek recompense?

I think your response makes you sound like someone without a clue.

KB - if the car is identified, the MIB scheme is quite good. If the car isn't identified, its less good. Either way, I'd use it. I am a bit unforgiving these days (see avatar) and I don't see driving standards improving without some enlightened self interest on the part of motorist (of which I am also one). I don't see that sweeping near death experiences under the proverbial carpet helping matters, and so it should be recorded.

Its not a compensation culture (see idiot above) but a consequence culture we should be aiming at.

veronese68

djfleming22 wrote:

Imagine if you wife had just fallen off her bike because of something she had done wrong ... she more than likely would have got up been a little embarrassed dusted herself down had a little to moan to you..you would have looked at the bike shook your head and fixed it .... now i am not saying that's its not terrible she got knocked off and hopefully she will get better soon ... but as soon as someone gets knocked off the cash register starts... no wonder our society is so full of greed .... why cant you just give the guy a chance its not as if he did it intentionally if he pays to fix the bike etc well good on him and good on you for letting him do it...all we here about nowadays is after an accident is physio and specialist care for that.... no wonder insurance is so expensive

Sorry but I completely disagree. I'm not a fan of compensation just for the sake of it. But people have to accept responsibility for their actions. If it was her own fault she would have to accept responsibility, in this case the taxi driver has to accept responsibility. Nobody has implied he did it on purpose.
Can't talk about this accident as I wasn't there. But in my case I was, so I will use that as an example. I was hit by a girl opening the passenger door of a car whilst in the right hand lane of an urban dual carriageway. I was 3 feet away from the door when it opened, there was nothing I could do about it. I broke a finger and a rib and had a very deep cut into my bicep. I have had to have surgery on the arm and finger, I have had to go for a fair bit of physio and my right hand will never be the same again.
I know she didn't do it on purpose, but do you really think that I should dust myself off and forget about it? What she did was a criminal offence, but I don't think she should be prosecuted for it. I do think that I am justified in claiming for my costs and also some compensation. That's why people have insurance. I don't know how much I will get, but I will tell you this for nothing. I would much rather not have the accident, not go through the pain, the hassle, the stress to me and my family.
Had the girl stopped for a moment and looked around I would not have had to go through all the grief and hassle. So whilst she didn't do it on purpose, her moments inattention had some pretty major consequences. Why should I be paying the price?

kelsen

djfleming22 wrote:

Imagine if you wife had just fallen off her bike because of something she had done wrong ... she more than likely would have got up been a little embarrassed dusted herself down had a little to moan to you..you would have looked at the bike shook your head and fixed it ....

According to the OP, she was knocked off. I'm struggling to see your point here?

djfleming22 wrote:

now i am not saying that's its not terrible she got knocked off and hopefully she will get better soon ... but as soon as someone gets knocked off the cash register starts... no wonder our society is so full of greed .... why cant you just give the guy a chance its not as if he did it intentionally if he pays to fix the bike etc well good on him and good on you for letting him do it...all we here about nowadays is after an accident is physio and specialist care for that.... no wonder insurance is so expensive

Absolutely. Everyone should be given the chance to redress their mistakes

onemoresolo wrote:

...badly damaged shoulder, concussion and cuts and bruises...

We only have the OPs word, but assuming he is telling the truth, what would you suggest the taxi driver do to make up for time wasted hanging around A&E, pain suffered and time off work?

prawny

Agree with all of this. Paying for legitimate third party injury is what insurance is for. Just because the OPs wife isn't critically injured doen't mean she shouldn't be compensated. The reason insurance is expensive is becasue some people take the wee wee

gabriel959

What is the point of insurance if its not going to be used? Doh!

rick_chasey

djfleming22 wrote:

Imagine if you wife had just fallen off her bike because of something she had done wrong ... she more than likely would have got up been a little embarrassed dusted herself down had a little to moan to you..you would have looked at the bike shook your head and fixed it .... now i am not saying that's its not terrible she got knocked off and hopefully she will get better soon ... but as soon as someone gets knocked off the cash register starts... no wonder our society is so full of greed .... why cant you just give the guy a chance its not as if he did it intentionally if he pays to fix the bike etc well good on him and good on you for letting him do it...all we here about nowadays is after an accident is physio and specialist care for that.... no wonder insurance is so expensive

Appreciate you feel strongly about this, but a thread on a member's wife having an accident is not the right thread to discuss this.

If you want the discussion feel free to start a new thread on it, but that's enough of this chat on this thread.

---

I hope the OP's wife is ok.

djfleming22

Isn't just great to throw a carrot into the crowd and see what happens



Sorry could not resist........I hope your partner feels better and she gets her payout sorted

PBo

what???

Really?????

wow....just.....wow!

Kieran_Burns

So, wait. You make a complete c*ck of yourself, you get quoted multiple times so you can't undo the c*ck factor and your come-back is to say: "Yay. Just kidding!"

Really?

djfleming22

Yes really ......isn't it just making a fool of a forum that thinks its right all the time ...someone has a different opinion all of a sudden everybody's thinks there are right and lets gets stuck in ...i lost the bet i thought only 2 people would have just leapt in with both feet