Had an accident yesterday - what can i expect?

chris_bass

yesterday I was hit by a car at a roundabout, i was waiting to move off, the car behind was just looking right, saw a gap went for it and went straight over me. I have witnesses backing up that she was at fault and given that i was there before her and not moving at the time (the gap wasn't big enough for me to get out into safely) and that having spoken to her she accepted it was her fault I think i should be ok to claim.

i am member of british cycling and one of their solicitors contacted me yesterday to talk me through the procedure, he explained that it would be seond hand value of the damaged equiptment that would likely be paid. has anyone been through this process and what can i expect to receive? i'm not after more than i deserve or anything and i wasnt badly hurt so in fairness i already feel pretty lucky (in an odd way!) just want a bike as good as i had before.

It was a 2011 cube agree GTC pro (full ultegra) and I got it in may last year. I had replaced the wheels (only RS10s) chain and cassette where new,
the damage was,
back wheel snapped in half (she litterally drove over it)
very buckled front wheel.
bent chain ring and damaged crank.
jockey wheel ripped out of the rear mech
very bent mech hanger
pedals damaged, mostly cosmetic.
visible damage to frame where the back wheel went into it, it looks cosmetic but given the other damage i wouldnt be overly confident in the frame.

i have pictures of all of the above (at work so cant post these here)

do you think the bike will be a manufacturer write off?

as far as i go, i have a reasonable bruise to my left knee from where the bike hit it and a very sore coxix, its a real effort to sit down and stand up.

do you think i'll be able to get a new bike out of it or will the above not cover it?

sorry for the long post, just trying to work out whether its going to be a step down in terms of the bike i'll be able to replace it with.

slowbike

I assume you've read the sticky "what to do in an accident" post in commuting general? Sounds like you're in touch with solicitors anyway although it sounds a bit negative - perhaps he's just trying to advocate against getting all excited thinking about 5 digit payouts ...

You should be reimbursed to allow you to be in exactly the same situation you were in before the accident - plus perhaps a sum for your injuries (you have been to see the doc haven't you)

Don't get fobbed off with second hand values - you have no idea of the heritage of that second hand bike - where as you do with yours, therefore it's more valuable.

It does sound like it is a rightoff. You may get away with recovering the STIs, but sounds like everything else is skip material.
Personally I'd start with going for a 2013 replacement bike (assuming they're still available) if not then a 2014 - full ultegra of course.
Best place to go is your local LBS and ask them to do a quote.

Don't accept a fob off from the insurance co for a cheaper frame/groupset/wheelset (!)

markhewitt1978

I was also with British Cycling but found that since the other driver had called their insurance company to admit fault I found it easier to deal with the insurance company directly.

Best advice is to get a quite from a bike shop as to the repair costs of your bike and if relevant a quote from them for a replacement bike to the same specification.

It's all well and good them talking about "second hand value" but that depends entirely on there being a bike available of the correct size for you and a similar specification and in a similar condition.

Bozman

I'd want more than second hand value, you want replacement value.
A few years back I got totalled by a driver at a roundabout, to cut a long story short the assessor wrote the bike off and I got RRP less 15% for wear and tear, they gave extra for all upgrades including a set of Mavic Elites and wrote every bit of carbon off too even if there wasn't a mark on it.
I got the same for every piece of marked clothing too and they let me keep the bike which was stripped and sold on fleabay.

BelgianBeerGeek

markhewitt1978 wrote:

I was also with British Cycling but found that since the other driver had called their insurance company to admit fault I found it easier to deal with the insurance company directly.

Best advice is to get a quite from a bike shop as to the repair costs of your bike and if relevant a quote from them for a replacement bike to the same specification.

It's all well and good them talking about "second hand value" but that depends entirely on there being a bike available of the correct size for you and a similar specification and in a similar condition.

^this. The BC guy is giving you advice from his perspective i.e. if you claim from them.
The motorists' insurance may pay out differently.
Glad you are ok (sort of) by the way.

Anonymous

I would feel the same as you about only wanting fair compensation, but I think that fair compensation is also full compensation.
That would be to be back in the same position you were with a little extra for your time, inconvenience and any injury/trauma.

A second hand bike is not acceptable unless yours was secondhand when you got it!

My wife was knocked off her bike by a wheel/axle that came off a trailer.
She could have been killed but luckily apart from the shock of being knocked into a hedge, the only damage was a trashed front wheel.

The wheel could not be replaced so we asked for a pair, a new helmet and a single visit to the osteopath.
The insurer only wanted to replace one wheel.
I pointed out that they should feel lucky that their policy holder had not done more damage and gave them an hour to pay up before I called a no win/no fee ad from a cycling magazine.
They called back and said the cheque was in the post.

I am about the fairest person you will meet but sometimes you unfortunately have to use one evil to fight another.

Bobbinogs

Bozman wrote:

I'd want more than second hand value, you want replacement value.

^^ Agree with that. Most insurer's should prefer it anyway since it is less reliant on subjectivity and they can set up procurement discounts.

Colinthecop

markhewitt1978 wrote:

I was also with British Cycling but found that since the other driver had called their insurance company to admit fault I found it easier to deal with the insurance company directly.

This is apparently getting quite common, find the person dealing with the drivers claim and ask them if you can deal with them direct rather than going through a solicitor or even worse, a claims company.

Avoiding these middle men will save the company a huge wedge of cash and they know it.

As above, get quotes for all new stuff including clothing and submit it. Mention that you've also suffered personal injury but if they're happy to settle quickly you will not pursue a claim for that (unless you're planning on, but your post suggests not).

Pross

BelgianBeerGeek wrote:

markhewitt1978 wrote:

I was also with British Cycling but found that since the other driver had called their insurance company to admit fault I found it easier to deal with the insurance company directly.

Best advice is to get a quite from a bike shop as to the repair costs of your bike and if relevant a quote from them for a replacement bike to the same specification.

It's all well and good them talking about "second hand value" but that depends entirely on there being a bike available of the correct size for you and a similar specification and in a similar condition.

^this. The BC guy is giving you advice from his perspective i.e. if you claim from them.
The motorists' insurance may pay out differently.
Glad you are ok (sort of) by the way.

You don't claim from BC, they are just providing you with the legal support to help you claim against the motorist.

I'm surprised at the advice though, I would have thought it should be full replacement value. I'd definitely be pushing for a new bike as the damage sounds so substantial I cannot see how you can be confident that the frame isn't damaged.

chris_bass

Pross wrote:

BelgianBeerGeek wrote:

markhewitt1978 wrote:

I was also with British Cycling but found that since the other driver had called their insurance company to admit fault I found it easier to deal with the insurance company directly.

Best advice is to get a quite from a bike shop as to the repair costs of your bike and if relevant a quote from them for a replacement bike to the same specification.

It's all well and good them talking about "second hand value" but that depends entirely on there being a bike available of the correct size for you and a similar specification and in a similar condition.

^this. The BC guy is giving you advice from his perspective i.e. if you claim from them.
The motorists' insurance may pay out differently.
Glad you are ok (sort of) by the way.

You don't claim from BC, they are just providing you with the legal support to help you claim against the motorist.

I'm surprised at the advice though, I would have thought it should be full replacement value. I'd definitely be pushing for a new bike as the damage sounds so substantial I cannot see how you can be confident that the frame isn't damaged.

thanks for the replies.

I didnt go to the doctor as my injuries are just bruising (pretty painful but nothing too serious) do you think i need to?

I spoke to the driver last night to confirm the car reg and insurance details to make sure i'd got the right in the heat of the moment afterwards. She said she had already let her insurance comapny know and they would be contacting me, seeing as there was no damage to her car I dont see why she would have contacted them unless she knew it was her fault. either way one of the witnesses said she was definitely looking right when she pulled out.

markhewitt1978

Depends on the age of the bike. Clearly if you've written off a 30 year old bike which has been around the world a dozen times, you aren't going to get the value of a brand new bike.

markhewitt1978

Chris Bass wrote:

I didnt go to the doctor as my injuries are just bruising (pretty painful but nothing too serious) do you think i need to?

Yes!

Look at it this way. My injuries weren't very serious either, had a stiff knee for about 6 weeks after. But because I'd gotten medical advice it meant they paid me out £1,000 compensation - think about that in an hourly rate, it would no doubt me the best paid 'work' you do all year.

Gentracer

I got side swiped by a car at a T Junction, about a year ago. (All was fine luckily I bounced) and spoke to some one at BC.

I got the solicitor who phoned me from BC to give the insurance details of the driver, and I made contact with their insurance company. I said I didn't want to get a solicitor involved and wanted to deal directly with them. The insurance company was more than happy with this, as they save on the fees. Driver had already admitted responsibility (You can only do this if there are no broken bones).

After a bit of faffing about sending my bike off to their specialist (As they wouldn't accept by bike shops quote), they paid out for a new bike, all my clothes and helmet shoes etc, less 20% as I wanted to buy it myself rather than let them organise it, and I also made a personal injury claim for my cuts and bruises, which they again settled directly. Just make sure you take phones of any bruises and damage to clothes and your bike etc.

I only did this as the driver who knocked my off was a right a*** so thought he deserved some pain as well.

Don't accept second hand pricing etc, they have a responsibility to give you back what you have lost.

Most bikes that have been in an accident get written off. I bought mine back for £100 for spare parts for my turbo. Just ask them if they will consider doing this as well.

navrig

I am not promoting you make a claim for any more than you are legally entitled to but remember that Bike Radar is a public forum and you are, in effect, declaring your current views on a potential court case (if it all went very wrong etc). Therefore be careful about declaring the limitations of damage to you adn the bike until such times as you are 100% sure. Bruises, strains, tears and even breakages can take time to materialise.

Assuming you are not hurt to any great degree then I would be expecting a like for like replacement - how can you or anyone be sure that a 2nd hand replacement is safe and sound?

chris_bass

Navrig wrote:

I am not promoting you make a claim for any more than you are legally entitled to but remember that Bike Radar is a public forum and you are, in effect, declaring your current views on a potential court case (if it all went very wrong etc). Therefore be careful about declaring the limitations of damage to you adn the bike until such times as you are 100% sure. Bruises, strains, tears and even breakages can take time to materialise.

that's a good point but i havent said anything here i wouldnt be happy to go on the claim form. like i said i dont want anything over what i am entitled to, just a bike to the same spec, any extra costs (travel etc) and maybe a bit for the slight injuries.

navrig

Chris Bass wrote:

Navrig wrote:

I am not promoting you make a claim for any more than you are legally entitled to but remember that Bike Radar is a public forum and you are, in effect, declaring your current views on a potential court case (if it all went very wrong etc). Therefore be careful about declaring the limitations of damage to you adn the bike until such times as you are 100% sure. Bruises, strains, tears and even breakages can take time to materialise.

that's a good point but i havent said anything here i wouldnt be happy to go on the claim form. like i said i dont want anything over what i am entitled to, just a bike to the same spec, any extra costs (travel etc) and maybe a bit for the slight injuries.

No worries. Sometimes it is worth stating the obvious. Glad you appear to be fine.

hibster

no psychological impact?
glad to hear it

defo get a doc to give you sa once over though as stated
sounds like you were lucky - could have been much worse

chris_bass

hibster wrote:

no psychological impact?
glad to hear it

defo get a doc to give you sa once over though as stated
sounds like you were lucky - could have been much worse

no, cycled to work again today, 32 miles each way too so not exactly easing back into it!
at the risk of losing a few man points I was a little nervous for the first few miles and the first couple of roundabouts but after that was ok. weirdly it hurts like hell sitting on chairs and sofas but on a saddle i'm ok! knee was a bit stiff/sore but i think if i keep it moving that might help in the long run.

markhewitt1978

32 miles each way? Respect. That must take a big chunk of your day.

Bobbinogs

Chris Bass wrote:

... i think if i keep it moving that might help in the long run.

...or it could be doing permanent damage. Not trying to be a doom and gloom merchant but it may be best for a professional to make the right prognosis, which mean resting up for the next few days before a gradual return to activity plan.

poweredbyidris

Cannot speak from a legal point of view, but only offering second hand value seems wrong.

If you'd been given the bike (ie. not paid for it yourself), would they argue that they don't have to pay anything at all?

chris_bass

markhewitt1978 wrote:

32 miles each way? Respect. That must take a big chunk of your day.

couple of hours in the morning and evening, its only until the middle of december then we are moving offices and i'll only be about 10 miles away.

Bobbinogs wrote:

Chris Bass wrote:

... i think if i keep it moving that might help in the long run.

...or it could be doing permanent damage. Not trying to be a doom and gloom merchant but it may be best for a professional to make the right prognosis, which mean resting up for the next few days before a gradual return to activity plan.

i can see what you mean, but its not like a pulled muscle or a strain or anything it is from the frame slamming down on my leg when i fell so think its ok, its not actually on the joint.

markhewitt1978

Chris Bass wrote:

couple of hours in the morning and evening,.

You make it sound like nothing; 4 hours out of your day is a lot; no matter what the transport method in use.

chris_bass

markhewitt1978 wrote:

Chris Bass wrote:

couple of hours in the morning and evening,.

You make it sound like nothing; 4 hours out of your day is a lot; no matter what the transport method in use.

yeah, but the way i look at it, it'd take over 2 hours in a car with traffic and i like cycling a lot more than 2 times as much as i like driving (especially driving in rush hour!). also with flexitime, no need to go to the gym or other exercise thrown in its not so bad, thats how i justify it anyway

slowbike

yer - but still go and see your Doc ... just for a checkup ... for your own piece of mind (or ours actually! )

hoojammyflip

I wouldn't write on an internet forum that you are banging out 60 miles a day. Sometimes the medical payouts on this type of thing can be significant. A mate in a crash was awarded about GBP 5k I seem to remember due to potentially having a latent injury which could show up in the future, even if not present now, due to the way he had landed and the speed he had been doing before the ignorant motorist dealt their blow. Its unlikely, but why run the risk of reducing the medical part of the claim?

As for the perspective, given there have been 6 deaths reported in London in the last couple of weeks, its great to hear you are OK. Irrespective of the financial outcome, the physical one is surely the most important.

chris_bass

like i said i'm not in it for the money, i'm going to be honest and as long as i get fully reimbursed then i'll be happy. its inflated medical costs that push insurance premiums up for everyone. having said that if they offer me a large amount i'm unlikely to turn it down, i'm just not going to go out looking for it. I will heal, the bike on the other hand will not!

Bozman

hoojammyflip wrote:

I wouldn't write on an internet forum that you are banging out 60 miles a day. Sometimes the medical payouts on this type of thing can be significant. A mate in a crash was awarded about GBP 5k I seem to remember due to potentially having a latent injury which could show up in the future, even if not present now, due to the way he had landed and the speed he had been doing before the ignorant motorist dealt their blow. Its unlikely, but why run the risk of reducing the medical part of the claim?

As for the perspective, given there have been 6 deaths reported in London in the last couple of weeks, its great to hear you are OK. Irrespective of the financial outcome, the physical one is surely the most important.

And yet........ When I got knocked off it caused nerve damage in my neck which has left me with Harlequins syndrome, I now only sweat and go flush on one side of my face. The solicitors/doctors refused to chase this personal injury because they said that it was too hard to prove that the accident caused this, I had no medical record of it previous to the accident but they just wouldn't risk it in case they lost.

mattsccm

if you get as far as talking to here insurance company bear this in mind. A mate was in a similar situation and he dealt direct. after a couple of weeks, short by insurance companies standards, he rang and suggested that they settle within a week or he would drop it into the hands of a claims management company. He was asked to hold, did so for 2 minutes and they came back with an offer of 3 times his claim if he accepted it there and then.
I saved them an awful lot to do that.

Mikey23

Plus one for a professional check. Hopefully you have no more than bruises and aches, but you never know what damage has been done and what might come back to haunt you in the future. Pleased you are ok

kayakerchris

-1 for the professional check. What do you expect the GP to do? He is not a trauma surgeon and he will tell you that if it hurts rest it and come back if it does not settle.

Don't waste his time and yours.