Knocked off bike.....what next

Belshc1986

Hi

i was knocked off my bike yesterday on a roundabout (not my fault) genuine misjudgment and a real nice guy in the end. i have a broken wrist and few other bumps and bruises but in the main im in good shape luckily.

anyway, my bike will need a few new parts and im not sure if the frame is bust ir not. i have insurance with British Cycling association so have access to solicitors. i basically need some help with what i do first.

do i get a quote from a local cycle shop and advise BCA or do they do that for me?

i'm not too sure where to start

any help would be greatly appreciated.

Thanks

smoggysteve

Get in touch with the drivers insurance company, tell them the amount of damage and claim against him. If they start being uncooperative get your solicitor to get on their case.

GiantMike

This advice is in the Commuter section of BR:

viewtopic.php?f=40052&t=12722930

Phone BC tomorrow and get their advice. Having a legal mindset will enhance your position and the other side will take you more seriously.

Most importantly, get a set of your x-rays and make sure your medical records reflect that your injuries were as a result of a collision with a car. Have you informed the Police?

Penny_Lane_Cyclist

I had a similar accident a couple of months ago.

The advice to phone British Cycling sounds good.

Firstly get a full quote for any repairs to the bike from your local bike shop (mine documented each part plus labour, they also quoted a cost for a same spec replacement).

Include the cost of damaged clothing, helmet and any other equipment.

If claiming for injuries (which you should) then you need to have had these assessed by a doctor and X Rayed if appropriate. You can ask for a report and copies of X-rays later if needed but you are likely to pay a fee for these. The other parties insurance/your injury lawyer will usually request these in due course or possibly pay for an independent medical exam.

I dealt direct with the other parties insurance co. despite them initially claiming to have everything sorted within 5 days with no hassle the experience was anything but. It dragged on for weeks and they started to argue the toss over the cost of repairs, bike and clothes. They wouldn't return calls either.

I got fed up and spoke to a cycle injury lawyer. He told me what to say on the phone to the insurance company, basically this us your last chance or a lawyer takes over and you will have to pay his fees to. They agreed everything that second and I have a nice new bike.

Basically go through the proper process, put aside feelings of the driver being nice and helpful (it's the insurance Co now and they are NOT nice), strongly consider legal representation from a specialist cycle lawyer/solicitor.

2013 Rose Carbon Pro 3000
2011 Boardman Comp
2001 Kona Dawg

Mickyg88

Can't believe the question from OP when a member of BCA, surely one call to them sorts it all for you, is that not why you pay your annual subscription.

farrina

Belshc1986 wrote:

i was knocked off my bike yesterday on a roundabout (not my fault. i have insurance with British Cycling association so have access to solicitors. i basically need some help with what i do first.

i'm not too sure where to start

As I understand the situation as a personal injury is involved the driver is legally obliged to inform the Police as soon as possible or within 24 hours at the latest, so I would ensure this step has been done as a matter of urgency.

You mention the British Cycling Association (British Cycling Federation?) if you have cover with them I would immediately place matters in their solicitor's hands and let them run the claim, after all that's what you pay your membership for and I suspect will result in the most advantageous settlement to you.

Regards

Alan

ednino

I was knocked off my bike a couple weeks ago.

First thing I did was get quotes for repairs, then contacted his insurance (no solicitor)
They asked me to forward the repair quote to them and asked details on injuries.

2 days later they call me up and offer me £2,000 +£100 for contacting them myself and not using one of these claims companies
Happy with that, I wasn't even hurt badly and the bike wasn't badly damaged

StillGoing

GiantMike wrote:

Have you informed the Police?

You don't need to inform the police. The driver of the car however does but only if he hasn't furnished you with all the necessary details. Get in touch with your insurers who should take care of everything; it's what you pay your premium for.

farrina

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philthy3 wrote:

GiantMike wrote:

Have you informed the Police?

You don't need to inform the police. The driver of the car however does but only if he hasn't furnished you with all the necessary details. Get in touch with your insurers who should take care of everything; it's what you pay your premium for.

I am not 100% sure as to the exact requirements but the AA site here http://www.theaa.com/motoring_advice/legal-advice/at-the-accident.html states that if an injury occurs there is an obligation on the driver to inform the police and produce his/her insurance certificate (it may be generally ignored but the driver runs a risk)

Regards

Alan

StillGoing

As long as certain documents are produced, the onus to report to the police is removed. There is a difference as to what information is produced depending on whether it is an injury or damage only RTC. If there is a suggestion that the RTC was caused by a deliberate act or driver negligence, then the police should be informed in order to prosecute the accused.

Road Traffic Act 1988 (c. 52) Part VII
Miscellaneous and General
170: Duties in case of accident
Duty of driver to stop, report accident and give information or documents.

(1) This section applies in a case where, owing to the presence of a Mechanically Propelled Vehicle on a road or other public place, an accident occurs by which -
(a) personal injury is caused to a person other than the driver of that vehicle, or
(b) damage is caused -
(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.
(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.
(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.
(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act -

(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it,
the driver must report the accident and produce such a certificate or other evidence.

You'll see that by producing a certificate of insurance, the onus to report the RTC to the Police is removed.

farrina

Well that comprehensive posting certainly seems to put that question to bed!
In the "trade" by any chance?

Thank's for clarifying.



Regards

Alan

markhewitt1978

Belshc1986 wrote:

Hi

i was knocked off my bike yesterday on a roundabout (not my fault) genuine misjudgment and a real nice guy in the end. i have a broken wrist and few other bumps and bruises but in the main im in good shape luckily.

anyway, my bike will need a few new parts and im not sure if the frame is bust ir not. i have insurance with British Cycling association so have access to solicitors. i basically need some help with what i do first.

do i get a quote from a local cycle shop and advise BCA or do they do that for me?

i'm not too sure where to start

any help would be greatly appreciated.

Thanks

Wow sounds very similar to my situation.

Going down the BC route means things will necessarily take much longer, only do that if the other party isn't admitting liability.

First thing is get down to the bike shop, preferably the one you bought the bike from and get them to do you a realistic quote for fixing up your bike. Preferably on their headed paper, you'll need this further down the line.

Next step is to get in touch with the drivers insurance company and tell them you want to make a third party claim against him. Then follows a lot of waiting. My only tip with this is to ring them up every day, even if it's to be told that nothing is happening. IME, what happens is the claim gets sat on until your ring and the action of you calling means work gets done on it!

If all goes smoothly you should be looking at a settlement in about 2 week for your damage, and a bit after that compensation for your injury.

markhewitt1978

Mickyg88 wrote:

Can't believe the question from OP when a member of BCA, surely one call to them sorts it all for you, is that not why you pay your annual subscription.

That's true but I called them just for some advice and all they were interested in was passing me along to a solicitor who then wanted me to fill in masses of forms. When all I wanted to know what like, should I get a quote from a bike shop? I had better advice from internet forums.

StillGoing

farrina wrote:

Well that comprehensive posting certainly seems to put that question to bed!
In the "trade" by any chance?

Thank's for clarifying.



Regards

Alan

Not any more, retired in June and glad to be out of it.

pkripper

markhewitt1978 wrote:

Mickyg88 wrote:

Can't believe the question from OP when a member of BCA, surely one call to them sorts it all for you, is that not why you pay your annual subscription.

That's true but I called them just for some advice and all they were interested in was passing me along to a solicitor who then wanted me to fill in masses of forms. When all I wanted to know what like, should I get a quote from a bike shop? I had better advice from internet forums.

But the whole point of going via a solicitor is to ensure that everything is done via due process, and that there are no steps overlooked.

Sure, you may get some good advice (particularly from lfgss) but when you're a member of an association that specifically offers this service, apart from perhaps expediting the process, I'd certainly choose that option.

markhewitt1978

pkripper wrote:

Sure, you may get some good advice (particularly from lfgss) but when you're a member of an association that specifically offers this service, apart from perhaps expediting the process, I'd certainly choose that option.

I think if the situation was in dispute I might have carried on with that. However the woman who collided with me had already told her insurance company, and the police, that she was at fault.