Accident advice - got hit head on by turning car!
SR7492
Posts: 190
Importantly I am fine, no broken bones or anything serious, just some swelling and bruising on the knee, but of road rash on the other and a bit of neck pain.
The bike was worse off, both wheels buckled, computer smashed and mount broken. A lot of scratches/cosmetic damage etc.
Cycling to work on a main road with 2 lanes with minor traffic, the approaching traffic lights are green, the oncoming driver in a white van is wanting to turn right - at this point (about 80 meters) there are no cars in front of me or past the traffic lights - just me in my red top. As as soon as I get closer to the lights, I get turned on and end up having full side on impact (luckily I tried to swerve left) and ricochet into the island at the junction (double impact)
Long story short, he basically said he didn't see me and was very apologetic and admitted full blame etc.
Anyway I exchanged details and told him I'll be in touch as soon as I'm able to (got his number plate/name/telephone number)
Got checked out at the hospital, just muscle pain/bruising, hopefully nothing severe. Will complete the police statement later on today.
Tried calling the guy but mobile is switched off and home number not being answered to (hmmmm) but hopefully
Any advice in terms of the next steps/what to do etc?
Thanks!
The bike was worse off, both wheels buckled, computer smashed and mount broken. A lot of scratches/cosmetic damage etc.
Cycling to work on a main road with 2 lanes with minor traffic, the approaching traffic lights are green, the oncoming driver in a white van is wanting to turn right - at this point (about 80 meters) there are no cars in front of me or past the traffic lights - just me in my red top. As as soon as I get closer to the lights, I get turned on and end up having full side on impact (luckily I tried to swerve left) and ricochet into the island at the junction (double impact)
Long story short, he basically said he didn't see me and was very apologetic and admitted full blame etc.
Anyway I exchanged details and told him I'll be in touch as soon as I'm able to (got his number plate/name/telephone number)
Got checked out at the hospital, just muscle pain/bruising, hopefully nothing severe. Will complete the police statement later on today.
Tried calling the guy but mobile is switched off and home number not being answered to (hmmmm) but hopefully
Any advice in terms of the next steps/what to do etc?
Thanks!
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Comments
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You have his name registration number? and phone number?
Google it. you'll be amazed what you find.
depending on what he gave you - the police may go after him for failure to report if he doesn't hurry up and do it (within 24 hrs max). Take pictures of everything (you should have done that at the scene too).
Lots of people aren't allowed phones on at work and if he's working he wont be home.
do you have legal cover? if you do contact them, if not you basically have the option of working with his insurance to settle or using an accident management firm to make a claim.0 -
Read this from Commuting General.
More importantly, glad you're ok.0 -
File a report with the police, I believe you have to do that within 24 hours. Important for any upcoming insurance claims.
Do not trust the driver! It's standard practice to be all apologetic at the roadside but once they've gone away, calmed down and talked to their friends the story changes and suddenly it's all your fault.0 -
Thanks all!
I've already reported it to the police and is down as a log; I need to go into the station as I have injuries so will do that tonight.
Will keep you posted . . . .0 -
DO NOT assume he'll pay or take the blame. Get onto a legal firm that deals with this right now. In a weeks time or more when you are having physio at £35+ a time, you find a wheel buckled or frame damaged you are going to want some money. If you had been driving and hit his car do you think it would have been a handshake and sorry?
Sorry just read about wheels/frame. New wheels? £100+ each assuming you have the hubs and go for eg H-Son Archetype. Frame respray? £100+ Any physio required? You won't know for a week or two but you'll be surprised what's hurting after the bruising comes outM.Rushton0 -
DO NOT assume he'll pay or take the blame. Get onto a legal firm that deals with this right now. In a weeks time or more when you are having physio at £35+ a time, you find a wheel buckled or frame damaged you are going to want some money. If you had been driving and hit his car do you think it would have been a handshake and sorry?
Sorry just read about wheels/frame. New wheels? £100+ each assuming you have the hubs and go for eg H-Son Archetype. Frame respray? £100+ Any physio required? You won't know for a week or two but you'll be surprised what's hurting after the bruising comes out
I agree and thanks - hoping the police will follow this up and take it from there.
Any recommendations on a decent legal firm/claims company?0 -
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Do not trust the driver! It's standard practice to be all apologetic at the roadside but once they've gone away, calmed down and talked to their friends the story changes and suddenly it's all your fault.
^^ This. It is amazing how many times I have heard of drivers reneging on roadside 'deals' once they learn that bikes cost a bit more than £4.50 and that new bib shorts alone can cost more than a Halfords BSO.0 -
Any recommendations on a decent legal firm/claims company?
Are you a member of British Cycling or the CTC or other organisation that can provide legal cover?0 -
Any recommendations on a decent legal firm/claims company?
Are you a member of British Cycling or the CTC or other organisation that can provide legal cover?
No :-(0 -
Did you get a witness to the incident and/or his admission of liability?0
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Did you get a witness to the incident and/or his admission of liability?
There was, she took my mobile number but not been contacted yet. There is also CCTV at the lights.0 -
Importantly I am fine, no broken bones or anything serious, just some swelling and bruising on the knee, but of road rash on the other and a bit of neck pain.
The bike was worse off, both wheels buckled, computer smashed and mount broken. A lot of scratches/cosmetic damage etc.
Cycling to work on a main road with 2 lanes with minor traffic, the approaching traffic lights are green, the oncoming driver in a white van is wanting to turn right - at this point (about 80 meters) there are no cars in front of me or past the traffic lights - just me in my red top. As as soon as I get closer to the lights, I get turned on and end up having full side on impact (luckily I tried to swerve left) and ricochet into the island at the junction (double impact)
Long story short, he basically said he didn't see me and was very apologetic and admitted full blame etc.
Anyway I exchanged details and told him I'll be in touch as soon as I'm able to (got his number plate/name/telephone number)
Got checked out at the hospital, just muscle pain/bruising, hopefully nothing severe. Will complete the police statement later on today.
Tried calling the guy but mobile is switched off and home number not being answered to (hmmmm) but hopefully
Any advice in terms of the next steps/what to do etc?
Thanks!
Go see a solicitor and take the police report with you. Find out the liability insurance coverage they guy has, if any.
I don't blame people for their mistakes unless I have to pay for them. You might feel the same.
Until cyclists get a better social contract in cities I've chosen not to ride on roads with other cars. We are like mice in an elephant stampede. It's deadly out there.
Get well soon.0 -
If you don't have Legal cover and you don't think your injuries will be long lasting, it is sometimes better to deal directly with the other side's insurance company. It all depends how easy they are to work with and how much grasp you have of what your claim is worth, they will be gagging to settle without involving a claim firm as it literally halves their costs. Have you taken photos of your injuries yet?
Alternatively you go to a specialist personal injury firm - Ideally direct and not via a large agent, where you claim will be lost. You want a genuine no win no fee, not an after the event insurance on credit.
Check your household insurance, credit card services, employers help line etc.. you will be amazed how many things you have, have legal insurance.
Just to clear up some points:
- cyclists don't have to report accidents to the police even if there is damage to property or injuries, cyclists don't even have to stop. motorists have to stop and give details (name address, reg, name of keeper etc) http://www.legislation.gov.uk/ukpga/1988/52/section/170 If he hasn't provided his insurance (given that an injury has occurred, he must then report the accident ASAP & within 24 hrs.0 -
Any recommendations on a decent legal firm/claims company?[/quote]
try googling Cycle Aid or something similar. Can't remember the firm we used but they were good. Took approx. a year for the cheque to arrive. We'd bought a new frame, wheel, clothes in that time but my wife required physio for a few weeks and got a visit to a private orthopaedic Surgeon. She would have been left with a lower right shoulder had she not done the weights/physio etcM.Rushton0 -
Thanks for the advice.
Update; I went to the police station to complete my statement, turns out the driver also reported it so it was a bit confusing with the 2 log numbers. So everything is on record etc.
The driver called me last night too and gave me his insurance details; he did say that he had already spoken to them and passed my details on (I've not had any phone call yet) but now that I have the details will give them a call.
How does the next steps work? I'm assuming they will ask about my injuries and damage to the bike, then what?
My knee is still a little swollen and the bruising has now really come out. Lower neck/shoulder has been a little uncomfortable too but other than that, I seem to be ok.
Do they ask for a receipts etc or even send someone out to check (like they probably would do for a car on car accident)
Thanks all - great advice!0 -
You see, not all drivers are evil people intent on causing death to commuters.Advocate of disc brakes.0
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Bikeline have done great work for a few of my pals - and it was set up by a cyclist too.
I'd just be wary of the car insurer trying to wriggle out of things. As insurers do.0 -
No, but in the aftermath you'd be surprised how quick the story changes.
To OP
Catalogue of everything damaged. Clothes, bike, wheels, components - photos if poss, any receipts you may have. if you want to try to claim for Boras and Super Record EPS fair enough but be sensible as well. Go to a bike shop and get the frame looked at - is it cracked or bent? Make an appointment at a physio for when the bruising/stiffness goes. Get them to check you and see if you need a course of treatment also your Doctor should have a look at you then you've got details in your medical history.
Advantage of a solicitor is all the legal stuff is done behind the scenes so you don't have to do the haggling.
Go over all your clothes, shoes etc. I guarantee your shoes will be scuffed or a buckle damaged, gloves ripped etc and you don't want to be shelling out.M.Rushton0 -
Thanks for the advice.
Update; I went to the police station to complete my statement, turns out the driver also reported it so it was a bit confusing with the 2 log numbers. So everything is on record etc.
The driver called me last night too and gave me his insurance details; he did say that he had already spoken to them and passed my details on (I've not had any phone call yet) but now that I have the details will give them a call.
How does the next steps work? I'm assuming they will ask about my injuries and damage to the bike, then what?
My knee is still a little swollen and the bruising has now really come out. Lower neck/shoulder has been a little uncomfortable too but other than that, I seem to be ok.
Do they ask for a receipts etc or even send someone out to check (like they probably would do for a car on car accident)
Thanks all - great advice!
This is a very positive development. Can we assume that the driver has admitted liability to the insurance company? In which case it's probably easiest from your point of view to deal directly with the drivers insurers as a third party claimant.
I can only comment on the procedure I went through, when claiming off the other drivers insurance.
First thing to do is go to your LBS and get them to do a realistic quote as to the cost to fix your bike - don't leave anything out but don't be tempted to get them to inflate it either - you want a quick resolution so you need a quote the insurance company is going to be happy with.
This will likely be a seperate issue to the claim for personal injury. What happened to me is that they just rang up a few weeks later and enquired as to the extent of my injuries - which were minor indeed, my knee was a bit stiff for about a week, but that's about it. They will likely offer you a payment in order so that you don't take the claim any further, I got £1,000, for injuries much less than yours. But keep a record of things and if there is bruising - pictures.
Don't forget it's not just your bike and injury you're due for, don't forget clothing, and if your bike is your primary means of transport, any costs for while you bike is getting fixed.
The last tip is keep hounding them, IME they will never call you to ask questions, so you have to keep ringing them to find out what the latest delay is. Having said that my bike was sorted within 3 weeks, and personal injury I think was about 6 weeks later.0 -
Take photos of everything, even your bruising, somewhere there is a solicitor with a picture of my bruised lower back (and when I say lower back I mean as low on a back as you can get if you catch my drift!). if you have proof of purchase for the bike, wheels computer etc that's great. I had to get my LBS to confirm the damage and cost of repair, they put it in writing without charge.
best to have all bases covered.
might be worth joining british cycling, it is only about £26 and you'll get all the help and advice you'll need.www.conjunctivitis.com - a site for sore eyes0 -
You see, not all drivers are evil people intent on causing death to commuters.
A very refreshing case. I cycle strictly on bike paths exclusive for bikes and pedestrians, and STILL was hit by a car. A drunk driver swerved into the trail and went at speed for about five miles. People out for a stroll had to dive into nettles to get out of her way, she finally hit me from behind at some 40 mph, and she fled.
To this day I did not get an apology from that woman and we have been through a criminal and a civil case.
During her deposition my attorney asked that if she had the chance to live that day again, if she would do anything different (she drank a bottle of wine prior to her stunt) and she answered, "No."
Your case, regretful as it it, looks like will go much better from the human point of view.0 -
Several understandably cycnical views on motorists but in virtually all of the poor outcomes there may have been little difference if it were car on car. On any insurance policy the primary instruction is 'do not admit liability at the roadside'. That includes an immediate SMIDSY or any other apology.
I am a massive fan of cyclists having to be insured and have mine through British Cycling. Get insured and you'll have all the post accident advice given to you as part of the policy, as well as a bona fide point of contact for further advice, including access to legal support (£27 quid a year i seem to recall).
Secondly, if anyone takes a vehicle into traffic you should know what to do in the event of an accident. Not wishing to be too critical of the OP but it seems this has been a learning experience in terms of both insurance and what to do.
Thirdly, before condeming motorists we need to remember that as a %age of road user type there are many more uninsured cyclists than there are uninsured car drivers and damage is caused every day by scratching or impacting moving or static vehicles and the cyclist simply and nonchalantly rides away.
Finally, a positive. I was knocked off at speed 2yrs ago, the gent stopped gave me a SMIDSY and we exchanged details. I was clipped in on my steel bike and i acted as the cushion for it so other than a new jersey, helmet and bar tape the bike just needed straightening and i cycled the 9 mile home. By the way; serious road rash, heavy bruising and a pain that felt like i'ld been trampled by cattle, very grateful for the helmet as it was wrecked. To cut a long story short i contacted BC as my policy requires me to and then advised the driver to do same even although all i wanted was the cost of the damaged parts - "these things happen". He sent the cheque and an apology - lo and behold within a week HIS insurer contacted me, paid for the three months of private physio and reasonably compensated me for the injuries. By the way, i did report it immediately to Police purely for the incident number 'just in case'. This is essential if you ever want to pursue any kind of claim for damage/injury. My strong advice is GET INSURED. Happy cycling.0 -
UPDATE!
I've been in touch with the drivers insurance; they have asked me for a estimate of repair or new quote if the bike is a write off from a local bike shop; hoping to get this done in the next day or so.
The damage, as I can see it, is both my clincher wheels buckled and scratched. Front carbon fork scratched with more scratches/scraps on the frame/brake levers. The steering seems to have jolted a little.
They have said to itemise everything that was damaged which I would like to claim for.
I've also been given a number to get in touch with their personal injury team and discuss the injuries and rehabilitation etc.0 -
If you haven't done so already, see if a decent LBS will give you an itemised list of damage. Most are happy to do this as there is a good chance that you will then buy the items from them (win/win). They will be able to give a good second opinion on whether your forks are now fit for the bin (you really don't want to be chancing it with forks), same goes for the wheels, etc. If you have a quiet word with them and ask them to err on the side of caution (
) then the list can be sent on to the insurers. 0 -
They will want to settle as it avoids about £1,200-2,500 worth of legal fees, plus the cost of a private medical assessment. Be careful about discussing injuries with their PI dept, keep suggesting you are still looking at appointing your own representation.
Based on your description of injuries - £800 - 1,7000 -
Get your bike crash inspected at a bike shop (insurer will reimburse you). Mine seemed ok but turned out the seat stay was cracked.0
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Don't be too hasty to accept a deal, I got 1500 for my bike and bits, 450 for the bike because there was a second hand one on Gumtree for that, but I could keep all the, ahem, lightly scuffed kit...... haggle and they wanted all the kit to inspect. The 1500 was enough for a new number 2 bike. Where I'm glad I did hang on was injury compo, bad back that needed an operation in the end, cuts and bruises and a week long headache. Original offer was 850 quid, I said give me 1500 and I'll take it. They refused so I went thru a solicitor and got enough for a fortnight in Florida for the family with Virgin Economy Plus flights and all the parks. I might have mentioned to my family a thousand times they owe me a Bianchi with SR EPS for that.0
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Work on the basis that everything you say/present to them as "damages" needs to backed up with proof. In any legal resolution the defendant will normally put the claimant to the burden of strict proof. This is posh legal jargon for POIDH "picture or it didn't happen".0
