Just had an accident

essex-commuter

Have exchanged a few texts with Ms Touareg this morning.

She asked if I have chosen a new helmet yet and a "saddle thingy". Offered to lend me her Husbands bike to which I replied I don't think I'll be cycling for a couple of weeks yet but thanks.

I told her about the watch, she told me to take it into the Jewellers in the High St (pretty high end) and see if they can polish out/repair the scratch and she will pay for that as well as the repair for the bike (said she will call the shop and get a status).

Seems to be going OK at the moment, but she might thing a bike repair is thirty quid. Will see how this pans out.

wolfsbane2k

essex-commuter wrote:

Back from Doctor's, he was a cyclist so that helped. Stretched, possibly slightly torn ligaments in neck and trapezius muscles. Rest and Ibuprofen, probably feel worse tomorrow, only need to go further if vomiting or vision issues. So basically OK.

I'll give the driver an update and wait to hear from the bike shop. Then I'll see how she wants to take it from there.

I've registered the accident with the Police, the VW Touareg was so new it was still registered at the dealers.

Glad to hear you've done that lot. Now rest up, and GWS.

Dinging a brand new Touareg isn't something you get to do everyday; that's something to celebrate, at least

wolfsbane2k

essex-commuter wrote:

Have exchanged a few texts with Ms Touareg this morning.

She asked if I have chosen a new helmet yet and a "saddle thingy". Offered to lend me her Husbands bike to which I replied I don't think I'll be cycling for a couple of weeks yet but thanks.

I told her about the watch, she told me to take it into the Jewellers in the High St (pretty high end) and see if they can polish out/repair the scratch and she will pay for that as well as the repair for the bike (said she will call the shop and get a status).

Seems to be going OK at the moment, but she might thing a bike repair is thirty quid. Will see how this pans out.

I am not a lawer (IANAL), but be really, really careful accepting any them paying for stuff until you know the full likely cost - as far as I'm aware, accepting payments for damage can be seen as settling the case.
If you end up getting one bit of it repaired by her, and then claiming through the insurance for the bike, for example, it can all get a little messy...

If you're honestly not going to be on a bike for 2 to 3 weeks, then I'd let her also know how much train/bus tickets will be instead to get you to work, if you are actually going to work, rather than taking a few days off sick...

essex-commuter

Wolfsbane2k wrote:

essex-commuter wrote:

Have exchanged a few texts with Ms Touareg this morning.

She asked if I have chosen a new helmet yet and a "saddle thingy". Offered to lend me her Husbands bike to which I replied I don't think I'll be cycling for a couple of weeks yet but thanks.

I told her about the watch, she told me to take it into the Jewellers in the High St (pretty high end) and see if they can polish out/repair the scratch and she will pay for that as well as the repair for the bike (said she will call the shop and get a status).

Seems to be going OK at the moment, but she might thing a bike repair is thirty quid. Will see how this pans out.

I am not a lawer (IANAL), but be really, really careful accepting any them paying for stuff until you know the full likely cost - as far as I'm aware, accepting payments for damage can be seen as settling the case.
If you end up getting one bit of it repaired by her, and then claiming through the insurance for the bike, for example, it can all get a little messy...

If you're honestly not going to be on a bike for 2 to 3 weeks, then I'd let her also know how much train/bus tickets will be instead to get you to work, if you are actually going to work, rather than taking a few days off sick...

Something to think about, I've logged that, thank you.

essex-commuter

Just received:

"I've called the bike shop, the gentleman will call me when the bike is repaired, I will go and pay the bill, the invoice will be with your details. Your Kaskk helmet is discontinued, please go in and choose a new one that fits".

drlodge

Have you sought legal advice from BC??? You'd be a fool not to.

dhope

essex-commuter wrote:

Just received:

"I've called the bike shop, the gentleman will call me when the bike is repaired, I will go and pay the bill, the invoice will be with your details. Your Kaskk helmet is discontinued, please go in and choose a new one that fits".

Would be a bit wary of her managing that. The bike shop should confirm with you that what they're doing is satisfactory, rather than confirming with her.

mattsaw

It's my purely my personal opinion, but I would give them the chance to make things good first.

If they are decent, (and she seems to be genuinely remorseful and helpful so far) and it sounds like it was a genuine accident then as others have said then get the full cost of everything and receipts first and give them the option of how to proceed.

I would also let her know you're fine and then hold off on further communication until you have all the details that you need. It could get messy if she starts paying for things piecemeal and then finds out that you're also due a new bike further down the line.

Hope you're feeling better soon!

essex-commuter

drlodge wrote:

Have you sought legal advice from BC??? You'd be a fool not to.

No I haven't yet. I'm not planning on stitching her up if I haven't got any lasting injuries, it's not in my nature.

Are you suggesting I should just call for advice or start the ball rolling on a 'claim'?

I've never been knocked off before, I'm a bit green to all this if I'm honest.

essex-commuter

dhope wrote:

essex-commuter wrote:

Just received:

"I've called the bike shop, the gentleman will call me when the bike is repaired, I will go and pay the bill, the invoice will be with your details. Your Kaskk helmet is discontinued, please go in and choose a new one that fits".

Would be a bit wary of her managing that. The bike shop should confirm with you that what they're doing is satisfactory, rather than confirming with her.

I'll be in full control of this. The bike shop know me well, I ride with them most weekends. Can 100% guarantee they will talk to me first, I was on the phone with them for half an hour last night talking about it.

Good advice though cheers.

essex-commuter

Mattsaw wrote:

It's my purely my personal opinion, but I would give them the chance to make things good first.

If they are decent, (and she seems to be genuinely remorseful and helpful so far) and it sounds like it was a genuine accident then as others have said then get the full cost of everything and receipts first and give them the option of how to proceed.

I would also let her know you're fine and then hold off on further communication until you have all the details that you need. It could get messy if she starts paying for things piecemeal and then finds out that you're also due a new bike further down the line.

Hope you're feeling better soon!

Cheers, that's my plan. She's even asked me if I would like her to bring round some 'muscle rub creams, chocolates, or a beer'.

Perhaps I'm gullible.

wolfsbane2k

As others have said, ring the bike shop, confirm exactly what they have done, or plan on doing, but confirm they are to so nothing until you give the go-ahead.

A crack like that can have long term affects that don't appear for a while. I came off a few weeks ago on poor road surfaces, thought id been lucky with road rash, but I've been told following some pain in my elbow, which took quite a knock, is I've done some ligament damage in it...
Didn't notice for a while as the scab took ages to heal and the swelling to go down; meaning I've got full movement back, it's only noticeable now.

It might be worth sending her a message telling her what's she's Likely in for in terms of expenses alone; that's normally on par with the increase in premiums on a protected no claims, especially if you take a day or two off work, and then you'll likely be claiming against her insurance anyways, and she won't get what she's paid you back....

(It's probably entirely against the terms and conditions of her insurance for her to deal with you directly anyway, meaning it might be nullified, and she'd be held personally responsible for the full wack if you end up claiming..., )

wolfsbane2k

Also, this is assuming you are employed, rather than self employed.

If self employed, she's also liable for any loss of income because of the collision.

mattsaw

essex-commuter wrote:

Mattsaw wrote:

It's my purely my personal opinion, but I would give them the chance to make things good first.

If they are decent, (and she seems to be genuinely remorseful and helpful so far) and it sounds like it was a genuine accident then as others have said then get the full cost of everything and receipts first and give them the option of how to proceed.

I would also let her know you're fine and then hold off on further communication until you have all the details that you need. It could get messy if she starts paying for things piecemeal and then finds out that you're also due a new bike further down the line.

Hope you're feeling better soon!

Cheers, that's my plan. She's even asked me if I would like her to bring round some 'muscle rub creams, chocolates, or a beer'.

Perhaps I'm gullible.

Are you sure she's not trying some kind of 'long game' seduction technique?

Maybe it's the lycra

wolfsbane2k

essex-commuter wrote:

dhope wrote:

essex-commuter wrote:

Just received:

"I've called the bike shop, the gentleman will call me when the bike is repaired, I will go and pay the bill, the invoice will be with your details. Your Kaskk helmet is discontinued, please go in and choose a new one that fits".

Would be a bit wary of her managing that. The bike shop should confirm with you that what they're doing is satisfactory, rather than confirming with her.

I'll be in full control of this. The bike shop know me well, I ride with them most weekends. Can 100% guarantee they will talk to me first, I was on the phone with them for half an hour last night talking about it.

Good advice though cheers.

Be wary, Even if you are in control, of getting the bike repaired by a single shop. Most insurances will want two quotes, once it's been repaired, that's no longer possible, your effectively forfeiting you opportunity to get an insurance company to pay for it ever...

essex-commuter

Wolfsbane2k wrote:

Also, this is assuming you are employed, rather than self employed.

If self employed, she's also liable for any loss of income because of the collision.

Yes employed. Different ball game if I was losing money due to not being able to work.

essex-commuter

Mattsaw wrote:

Maybe it's the TORN lycra

Fixed.

essex-commuter

Wolfsbane2k wrote:

Be wary, Even if you are in control, of getting the bike repaired by a single shop. Most insurances will want two quotes, once it's been repaired, that's no longer possible, your effectively forfeiting you opportunity to get an insurance company to pay for it ever...

Not easy this lark.

drlodge

essex-commuter wrote:

drlodge wrote:

Have you sought legal advice from BC??? You'd be a fool not to.

No I haven't yet. I'm not planning on stitching her up if I haven't got any lasting injuries, it's not in my nature.

Are you suggesting I should just call for advice or start the ball rolling on a 'claim'?

I've never been knocked off before, I'm a bit green to all this if I'm honest.

Its not about stitching her up but making sure you don't do something now that could hinder you later on. What if the frame needs repairing or replacing but you've already accepted minor repairs? What if you find out you have some injury that doesn't properly heal and needs expensive treatment?

As you have BC membership I believe their legal advice is free, so talk to them and make sure you're not shooting yourself in the foot. Personally I'd put something in writing to this lady, including all the items that are damaged and need replacing. Without something written down, who's to say you had this accident at all? What if she decides that you're at fault and claims her cars damage on you?

mattsaw

essex-commuter wrote:

Mattsaw wrote:

Maybe it's the TORN lycra

Fixed.

Where exactly was it torn :shock:

wolfsbane2k

essex-commuter wrote:

Wolfsbane2k wrote:

Be wary, Even if you are in control, of getting the bike repaired by a single shop. Most insurances will want two quotes, once it's been repaired, that's no longer possible, your effectively forfeiting you opportunity to get an insurance company to pay for it ever...

Not easy this lark.

No, which is why it's easier to call BC and let them manage it.
Which is what I wish I'd done with this one;
viewtopic.php?f=40052&t=13030402

essex-commuter

drlodge wrote:

As you have BC membership I believe their legal advice is free, so talk to them and make sure you're not shooting yourself in the foot. Personally I'd put something in writing to this lady, including all the items that are damaged and need replacing. Without something written down, who's to say you had this accident at all? What if she decides that you're at fault and claims her cars damage on you?

Fair comment, I will give them a call. I do have a string of messages from her saying she didn't see me, she will pay for this and that....don't know it that's worth the 'phone' it's written on though.

dinyull

drlodge wrote:

Its not about stitching her up but making sure you don't do something now that could hinder you later on. What if the frame needs repairing or replacing but you've already accepted minor repairs? What if you find out you have some injury that doesn't properly heal and needs expensive treatment?

As you have BC membership I believe their legal advice is free, so talk to them and make sure you're not shooting yourself in the foot. Personally I'd put something in writing to this lady, including all the items that are damaged and need replacing. Without something written down, who's to say you had this accident at all? What if she decides that you're at fault and claims her cars damage on you?

This is what I was alluding to earlier. Some injuries won't be apparent on an x-ray/ examination - and they might not lure their heads until weeks/ months/ years after the event.

Contact BC and let them deal with EVERYTHING.

Again, cover your backside - not hers.

N0bodyOfTheGoat

I've not been through this situation where it was someone else's fault but my brief thoughts from what I've read so far...

Ms Touareg should be leaving all the dealings with bike shops to you or those appointed to act on your behalf.

You want to be absolutely sure that the bike involved in the crash is safe to ride again. I never rode my Singlecross again, but given it was a front impact, I'd want a new front wheel; fork; stem; bars; STIs perhaps (plus a very thorough examination around the head tube area).

Get at least two different bike shops to examine the bike and quote for repairs/replacements.

Maybe tell Touareg driver how much your bike costs and you might well be wanting a complete new bike and any bits on the bike at time of accident, like a power meter; GPS recorder etc. and she is welcome to do what she likes with the damaged items (before you even talk of damaged clothes; helmet; lost earnings; transport costs while you don't have that bike; long/short term injuries etc.)

Good luck, I hope I never have to go through this agro, think it would send my stress levels over threshold!

wolfsbane2k

Dinyull wrote:

drlodge wrote:

Its not about stitching her up but making sure you don't do something now that could hinder you later on. What if the frame needs repairing or replacing but you've already accepted minor repairs? What if you find out you have some injury that doesn't properly heal and needs expensive treatment?

As you have BC membership I believe their legal advice is free, so talk to them and make sure you're not shooting yourself in the foot. Personally I'd put something in writing to this lady, including all the items that are damaged and need replacing. Without something written down, who's to say you had this accident at all? What if she decides that you're at fault and claims her cars damage on you?

This is what I was alluding to earlier. Some injuries won't be apparent on an x-ray/ examination - and they might not lure their heads until weeks/ months/ years after the event.

Contact BC and let them deal with EVERYTHING.

Again, cover your backside - not hers.

This. Definitely this.

kingstongraham

Just because you consult a lawyer doesn't mean it has to go through her insurance, right? She can still pay.

slowbike

essex-commuter wrote:

drlodge wrote:

As you have BC membership I believe their legal advice is free, so talk to them and make sure you're not shooting yourself in the foot. Personally I'd put something in writing to this lady, including all the items that are damaged and need replacing. Without something written down, who's to say you had this accident at all? What if she decides that you're at fault and claims her cars damage on you?

Fair comment, I will give them a call. I do have a string of messages from her saying she didn't see me, she will pay for this and that....don't know it that's worth the 'phone' it's written on though.

take screen shots of the messages - that puts a date/time stamp on the evidence.

I'd be like you - tough call on insurance or not. There was a thread on here that suggested there were specified insurance payouts for particular injuries. She should be informing her insurance co whether or not she's going to claim - it's a requirement of insurance (that we all take notice of) and she is liable for all damages.
Going through Insurance could drag it out somewhat though - at least if she's paying it's fairly instant.

arthur_scrimshaw

I would hand it over to BC as many have said above, people can be very nice about theses things but that often changes when the bills start racking up....

the_hundredth_idiot

Tourag lady might be well-meaning in trying to put things right now, but I would be concerned about not making the interactions more formal. This isn't just a parking bump where you both look at your bumpers, realise it is both your faults really and cough up a couple of hundred each to get some scratches polished out.

I'd be staggered if any insurance excess (and impact on subsequent premiums) was more than the costs of replacing your bike and associated kit. And that's even before you get onto any compensation for injuries if you choose to go down that route (and, as others have said, it might look like a few grazes and cuts now but could easily turn out to be much more serious long term).

lettingthedaysgoby

Call me a cynic, but...

Brand new car, still registered with the dealer, driver seemingly very keen to settle without going via insurers...

She has got insurance, right?