Bike accident advice please

kester

Hi

I was clipped by a car as it drove past me last sunday. I got his insurance details and a couple of witnesses details too. I wasn’t badly injured just cuts and bruises to my knee and leg but went to a+e on tuesday as had some headaches and have been assessed as having concussion. Bike is in the shop I got it from getting assessed for damages (around £900) and some clothing is damaged from landing on the tarmac. Logged a call with the police on day of the accident and got a ref number from them as well.

Never been involved in a vehicle accident before so my question is should I just go to the drivers ins co direct or get a solicitor/lawyer involved? Anyone who has been involved in an accident how long did it take for the claim to be settled?

Thanks in advance

cougie

Call bikeline. They've had good results for friends of mine. Don't trust the cars insurer's - they're on the side of their client.

Take photos of all the injuries too.

Good luck with it.

jameshulsk

If you speak to your insurance company in the first instance they'll usually manage the claim on your behalf without charging you anything for the service like a third party company would. You should notify them as soon as possible in any case, even if you don't intend to make a claim.

pilot_pete

A couple of things are being assumed above;

1. That you have insurance cover, therefore an insurer. I suspect you don’t, so obviously no need to inform them!
2. That you need to use a specialist to recover losses.

I was hit side on by a driver pulling out at a give way without looking. She admitted liability at the scene and to her insurance company, which helped greatly. I had dash cam footage from the car behind her which would have been conclusive evidence had she denied liability.

That day I got my LBS to quote full retail prices for every part damaged (including just scuffs even if the parts still functioned). They did the same for clothing and helmet, including my shoes which were scuffed.

I sent this direct to her insurance company after speaking with them on the phone (that same day!) I put a ‘key’ in with the quote explaining what each part was (bike shop put things like “Shimano 9070 RD”) and took photographs of every single bit of damage and attached them too.

I also explained that I had a bike trip planned abroad in less than a month’s time and if they had not settled in time for me to have my bike repaired I would have to hire a similar top end bike and claim the cost back from them.

They settled and paid the money in full into my bank account within two weeks. It was a faff on the day getting all the documentation together, but other than a couple of phone calls it was completely stress free and easy.

Like I said, if the driver does not admit fault you may have a similar experience. If they deny fault then you will have to rely on your witness statements and hopefully the police prosecuting them. It may be easier to use specialist legal assistance, but they are just going to do what you can do yourself to claim for your losses, but it may help force the insurer to settle if they have another company pursuing them rather than an individual.

Do you have insurance/ legal cover? I am a member of BC and they provide legal assistance as part of the membership benefits. If you get nowhere with the other’s insurer you may be able to claim on your own for accidental damage to bike/ kit if you have appropriate cover...I’m with Pedalcover who cover all accidental losses, new for old.

Good luck.

PP

kester

No I don’t have any cycle insurance or a member of BC.

Got photos of all the damage to my bike and have received an email quote from LBS for repairs, also still have the receipt for the bike as only bought 3 months ago so I can send that all on.

There was dashcam footage of the accident as a taxi driver was waiting to turn down a side street as I was clipped, but due to some stupid city council law in my city he said he was not allowed to keep/download any footage. My feeling is if I go to the drivers Ins Co. like some-one else has said they may decide to stay on their customers side and not pay out

akh

Hi,

Sorry to hear about your accident. I was knocked off my bike in 2014 (on my birthday no less!). Luckily just bruises and superficial damage to the bike. I was sore for a few weeks but nothing as serious as your case.

I wasn't a BC member at the time so just used one of these accident helpline types you see advertised on TV. I can't say whether they were good or not, as have nothing to compare to, but they put me in touch with a solicitor that handled all paperwork. I'd strongly advise instructing a solicitor . Sure they take a cut, but unless you fancy all the paperwork yourself, there's little other choice. Should your case end up in court, a solicitor is pretty much required, I've heard people trying to represent themselves get eaten alive by the defence solicitor (you can bet the insurance company representing the driver will pay for one).

The solicitor representing me took out insurance, so in the event of the case going to court and us losing, I'd have nothing to pay. The insurance wasn't that expensive and it was covered by their percentage of the eventual payout. In the event we lost I'd own them nothing either.

Good luck.

sutbags

Hi, just been knocked off myself a few weeks ago.This is the second time so I knew what to do. The first time it happened I went to a solicitor 'No win no fee'. The law has changed since then but it took just over a year to get a payout. The driver admitted liability and it didn't go to court.Now the solicitors charge a success fee (25%) but after my recent crash I still got in touch with one. The guys insurance company rang me up the next day but I declined their help.You never know how long your injuries will last so it's better to take your time and not go for a quick payout. My bike has been ruined so I am claiming for comp and I sustained a broken finger.It will take at least a year to get a payout and that's without it going to court.

StillGoing

kester wrote:

Hi

I was clipped by a car as it drove past me last sunday. I got his insurance details and a couple of witnesses details too. I wasn’t badly injured just cuts and bruises to my knee and leg but went to a+e on tuesday as had some headaches and have been assessed as having concussion. Bike is in the shop I got it from getting assessed for damages (around £900) and some clothing is damaged from landing on the tarmac. Logged a call with the police on day of the accident and got a ref number from them as well.

Never been involved in a vehicle accident before so my question is should I just go to the drivers ins co direct or get a solicitor/lawyer involved? Anyone who has been involved in an accident how long did it take for the claim to be settled?

Thanks in advance

You don't need to report anything to the police unless you're making an allegation against the other parties standard of driving. The other driver need not report it either in this instance as they have provided you with their insurance details, it being an injury RTC. It is a myth that every collision has to be reported to the police and a cyclist, not being the driver of a mechanical propelled vehicle, has no onus to report a collision ever.

https://www.legislation.gov.uk/ukpga/19 ... ection/170

Matthewfalle

What's the update on the bike? How is it?