Just had an accident

apreading

Call BC, get the advice from their lawyers.

She can settle with them direct, or even if they deal with her insurance she can tell her insurance that she will pay the cost rather than make a claim.

Once you start agreeing things with her then as others have said, there is no way back if you discover something later that you didnt know about now.

I ended up with Frozen shoulder too and 8 months after being knocked off needed keyhole surgery and physio to get full movement back. I had a broken collarbone and mangled ligaments - the alignment of my shoulders will never be perfect again. Not everything was apparent on day 1 though. Even though I was taken to A&E in ambulance, they sent me home, 2 days later I decided something was not right and went back to find I had the broken collarbone. Months of physio and chiropractor followed. I ended up with £25K in compensation for me and the damaged bike/clothing etc although a chunk of that went on my operation and treatments. I would still rather give the money back for it not to have happened though.

The taxi driver that knocked me off didnt want to go through insurance too. BC's lawyers told me not to speak to him direct any more and they would pick it all up.

redvee

lettingthedaysgoby wrote:

She has got insurance, right?

No doubt the OP has her VRN so can check on askmid

JakeJ

I was knocked off on the 30th May just gone, BT van, went from stationary on the wrong side of the road to full lock left to turn around, I tried my best to stop but ended up going into the side of him at about 25mph.

BT very quickly wanted a quote from the bike shop for repairs, the price was agreed, I was ok, little bit bruised, but a broken Ultegra r8000 shifter, written off helmet and a slightly buckled zipp 404 left me without a bike.

Like you it's not in my nature to try and play the big claim game as I wasn't seriously injured and I thought I'd have my bike back quickly, so I didn't ask for anything extra for my inconvenience.

Now pretty much a month later, my bike still hasn't been fixed and I'm riding a poxy mountain bike to work everyday and I've got a very sore knee (which wasn't apparent at the time of accident).

But BT have paid me and in their eyes it's settled, I couldn't now ring back up and say I want more money.

Moral, don't hold back on claiming for whats fair to you. As many others have said although you might be a bit sore now, you may still be feeling it for weeks or more down the line.

Still at least I've now got a Paul Smith edition Kask helmet.


deactivate account

pollys_bott

My wife was knocked off her bike on a roundabout in broad daylight last November. (Thank you to all those on here who recommended that we sort it through Alyson France). Minimal damage to the bike - scuffs and scratches - wife landed hard on her left butt cheek resulting in some quite horrific bruising, her being unable to walk properly for weeks and eventually having half a litre of fluid and gunk drained. Third party offered to cover costs of damaged clothing and I'm glad we turned him down and went to AF as immediately they said to get a new fork as there was no way of guaranteeing its structural integrity. (That took almost six months and £200 to sort through Rutland Cycles and Scott.) Seven months on wife still has mild discomfort, part of her bum is still numb and there is a 'step' in the flesh from where the fluid was drained which looks like being a permanent dis-figurement. Indeed, she had a letter through this morning for an appointment with a neurologist in August.

Point of all this is that, as others have said too, not everything is apparent in the days and weeks following any incident and if you take a quick pay-off then you could end up worse off in the long run both financially and physically. I've no idea what we'll end up with money-wise and frankly I'm not bothered, I just didn't want us to be left out of pocket because some bugger couldn't be arsed to slow down and look properly before entering a roundabout. If you haven't already got BC or similar on the case then I can highly recommend using Alyson France. Good luck and heal well.

anonymousblackfg

Hope you heal up, I agree with the sentiment above that her being keen to settle does sound suspect...

I would just rather not have someone, however nice they are, telling her friends "I was trying to get that satnav in the new car working and hit a cyclist, he must have been going very fast as he dented the car, I paid for a new saddle for him and one of those fancy plastic hats". I think a lot more people on bikes would be safe if she was telling them how she was paying no attention and how her insurance is now buggered and they best not do the same.

veronese68

Pollys Bott wrote:

Seven months on wife still has mild discomfort, part of her bum is still numb and there is a 'step' in the flesh from where the fluid was drained which looks like being a permanent dis-figurement. Indeed, she had a letter through this morning for an appointment with a neurologist in August.

Now I've come across several people that seem to have their brains up their aris' and even more that speak from it, but I'm surprised she needs to see a neurologist.
Seriously though, hope she heals fully. I had a dent in my inside leg from where I think the handlebar hit me when I got doored. The damage to me was immediately apparent thankfully so it was simpler, I'm also glad I went through BC and they handled everything.
EC, sorry to hear about the accident, hopefully you don't have any more major damage and the bruising goes down quickly. I understand your desire to sort it out amicably, I would have preferred it if I hadn't been so damaged. Just make sure you are covered if something does turn out to be worse than you first thought.

kingstonian

This is the sole reason I pay my BC membership each year. Hopefully I'll never need to use it, but having the peace of mind that a solicitor that deals with these sorts of situations on a daily basis is worth the annual outlay.

Agree with everyone above that has said to not settle swiftly. Get a solicitor involved so the process is handled properly and in your best interest.

essex-commuter

I told her today that I need her address as I had registered the accident with my insurers (BC). It kicked off. Explain why you're going to your insurers. You have stated you are fit for work (I didn't). I have agreed plain and simple to pay for you bike damage and all other bike items agreed on the day. What are you aiming to claim from my insurance.

And then... So, did you report the incident within 24 hours (well yes I did actually to the Police). Nothing was mentioned about reporting to the insurance until this morning where you have stated to report an incidence, we both agreed on the day we would not pursue this route and I would cover your damages (I was on the floor injured, no we didn't).

And then... I understand your point for peace of mind but you do this within 24 hours not 6 days after the incidence. I haven't misunderstood you at all. When your bike is fixed and ready to be paid for along with the other items discussed let me know so that we can finalise this matter.

Anyone think she's go something to hide???? !!!!!

apreading

That’s why I decided from the outset that zero direct contact was best so that they can’t try to cloud the issue.

apreading

Just because her insurers are the conduit that doesn’t stop her telling them that she will cover the costs in full and won’t be claiming. They can still do the admin and represent her to your solicitors

pblakeney

essex-commuter wrote:

Anyone think she's go something to hide???? !!!!!

Devil's advocate only. In the eyes on an insurance company isn't a claim a claim, which will be reflected in future premiums?

wolfsbane2k

essex-commuter wrote:

I told her today that I need her address as I had registered the accident with my insurers (BC). It kicked off. Explain why you're going to your insurers. You have stated you are fit for work (I didn't). I have agreed plain and simple to pay for you bike damage and all other bike items agreed on the day. What are you aiming to claim from my insurance.

And then... So, did you report the incident within 24 hours (well yes I did actually to the Police). Nothing was mentioned about reporting to the insurance until this morning where you have stated to report an incidence, we both agreed on the day we would not pursue this route and I would cover your damages (I was on the floor injured, no we didn't).

And then... I understand your point for peace of mind but you do this within 24 hours not 6 days after the incidence. I haven't misunderstood you at all. When your bike is fixed and ready to be paid for along with the other items discussed let me know so that we can finalise this matter.

Anyone think she's go something to hide???? !!!!!

:?
Sorry to hear that, but not unexpected. She thought she'd got away with whatever it is she's trying to hide, and now she's been caught out, so gets angry with herself and takes out out on you, the innocent party in all of this.

The made up ' we agreed' and 'you said' is where it always gets messy.

The words let's finalise this matter indicates just how much she cares about you and your injuries, which she's probably swept under the rug in the back of her mind because she thinks you've said you are ok to go back to work.

Good luck with BC.

surrey_commuter

lettingthedaysgoby wrote:

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?

Or hiding something from hubby

lettingthedaysgoby

There’s... something being hidden there, isn’t there? :?

anonymousblackfg

Well done, to add to what she'll tell everyone, she will also tell people cyclists have legal representation through being insured...

Sewinman

Many people would be a tad annoyed if you involved an insurer 6 days after an accident. From her point of view it is now going to get a lot more complicated than just paying a large bike shop bill.

kingstonian

Ah, it is just tough on her part, she shouldn't have driven into you in the first place.

Stop all contact with her. Work it through the solicitor.

rolf_f

Sewinman wrote:

Many people would be a tad annoyed if you involved an insurer 6 days after an accident. From her point of view it is now going to get a lot more complicated than just paying a large bike shop bill.

Ultimately, the truth of this is that once BC are involved and there is a proper claim going on the resolution time can easily stretch to three years and a lot of that will be down to the wranglings of the insurance company so 6 days is inconsequential - something else Mrs Toureg is yet to appreciate......

One thing to note is that unless you have something different to my CTC cover, what you have is about personal injury and they won't be interested in pursuing it unless the injury component is worth over £1000. More than that and they'll aim to cover material costs (though, in reality, I doubt that the payout does much take the repair costs into account - it seems to be a pretty random number you end up with). It can also take a long time for them to decide that the injury is insufficient for a claim - and then they leave you a bit high and dry.

So, I'd say that it is worth looking at lodging a claim with the car drivers insurers - I'm not sure about how you do that. In my case I couldn't even find out who the insurers were as the CTC Solicitors wouldn't tell me!

I've ended up on another claim with a slight weird feeling in my hip in certain circumstances and a £4k payout after 3.5 years. I'd have rather had the non weird hip and 3.5 years of hassle and stress but that wasn't an option and I suppose I'd still do the same again but it isn't much fun.

pollys_bott

Veronese68 wrote:

Pollys Bott wrote:

Seven months on wife still has mild discomfort, part of her bum is still numb and there is a 'step' in the flesh from where the fluid was drained which looks like being a permanent dis-figurement. Indeed, she had a letter through this morning for an appointment with a neurologist in August.

Now I've come across several people that seem to have their brains up their aris' and even more that speak from it, but I'm surprised she needs to see a neurologist.

We were a tad bemused too at first, but both GP and Alyson France have said to do it... it's all part of the nervous system innit?

apreading

Rolf F wrote:

Sewinman wrote:

Many people would be a tad annoyed if you involved an insurer 6 days after an accident. From her point of view it is now going to get a lot more complicated than just paying a large bike shop bill.

Ultimately, the truth of this is that once BC are involved and there is a proper claim going on the resolution time can easily stretch to three years and a lot of that will be down to the wranglings of the insurance company so 6 days is inconsequential - something else Mrs Toureg is yet to appreciate......

One thing to note is that unless you have something different to my CTC cover, what you have is about personal injury and they won't be interested in pursuing it unless the injury component is worth over £1000. More than that and they'll aim to cover material costs (though, in reality, I doubt that the payout does much take the repair costs into account - it seems to be a pretty random number you end up with). It can also take a long time for them to decide that the injury is insufficient for a claim - and then they leave you a bit high and dry.

So, I'd say that it is worth looking at lodging a claim with the car drivers insurers - I'm not sure about how you do that. In my case I couldn't even find out who the insurers were as the CTC Solicitors wouldn't tell me!

I've ended up on another claim with a slight weird feeling in my hip in certain circumstances and a £4k payout after 3.5 years. I'd have rather had the non weird hip and 3.5 years of hassle and stress but that wasn't an option and I suppose I'd still do the same again but it isn't much fun.

Yes, the injury stuff can take a long time to sort, but you can push for an interim payment to cover the repair/replacement items.

In my case, I got £2.5K around a month after the claim started as an interim payment for a new bike and replacement clothing etc. The physical stuff was well over a year and a half later but then I had an operation 8 months after the accident so not surprising really.

BC underwrite any costs that the solicitor might charge and they are happy to represent you regardless of injury. At the time when I started my claim and first spoke to Leigh Day solicitors on the day of the accident, I didnt know I had a broken collarbone as A&E just sent me home with no X-ray. Initially they thought there wouldnt be an injury claim, until I phoned them 3 days later, after going back to A&E.

cruff

Surprise surprise. I hadn't seen this thread before now, but started reading from the OP and instantly thought: "when is she going to get nasty"

One of three things is happening here:

1 - She is a genuinely nice person, and is trying to be as helpful as she can because, gee, she's just that kinda gal
2 - She hasn't got any insurance
3 - She was on her phone

Lawyer up

gbsahne001

Cruff wrote:

Surprise surprise. I hadn't seen this thread before now, but started reading from the OP and instantly thought: "when is she going to get nasty"

One of three things is happening here:

1 - She is a genuinely nice person, and is trying to be as helpful as she can because, gee, she's just that kinda gal
2 - She hasn't got any insurance
3 - She was on her phone

Lawyer up

1. remains to be seen
2. is easily checked "askmid", although that won't necessarily tell you if she was insured to drive the car, just that the car has insurance.
3. is irrelevant, as the Police aren't involved

anonymousblackfg

So, did she have insurance?

essex-commuter

anonymousblackfg wrote:

So, did she have insurance?

I'll never know, but I'm pretty sure something was amiss.

My bike and crash helmet damage was assessed by my LBS, the total cost was £306. She went into the shop and paid direct.

Garmin quoted me £86 to replace the screen on my Fenix, they gave me a reference number and she phoned Garmin and paid the bill.

We agreed on a 'sum of money' for my inconvenience which was paid by cheque and cleared.

I'll never know. But if ever anything happens like this again I WILL hand it over to BC to deal with. I'm too nice a guy (you know what I mean), I went too far agreeing to settle without insurance involvement, and I didn't want to go back on my word.

My bike is due back this week (delay on getting a wheel from Mavic), bit I've been back commuting for 2 weeks now on my winter bike.

lettingthedaysgoby

essex-commuter wrote:

anonymousblackfg wrote:

So, did she have insurance?

I'll never know, but I'm pretty sure something was amiss.

My bike and crash helmet damage was assessed by my LBS, the total cost was £306. She went into the shop and paid direct.

Garmin quoted me £86 to replace the screen on my Fenix, they gave me a reference number and she phoned Garmin and paid the bill.

We agreed on a 'sum of money' for my inconvenience which was paid by cheque and cleared.

I'll never know. But if ever anything happens like this again I WILL hand it over to BC to deal with. I'm too nice a guy (you know what I mean), I went too far agreeing to settle without insurance involvement, and I didn't want to go back on my word.

My bike is due back this week (delay on getting a wheel from Mavic), bit I've been back commuting for 2 weeks now on my winter bike.

You're a better man than me. If I'd suspected no insurance I'd have taken her to the cleaners.

apreading

Sounds like everything has worked out ok. If there are no complications then it’s not a bad thing to go this route and probably quicker. It’s just that if things go sour you can find that your previous discussions come back to bite you. Glad it’s all worked out

surrey_commuter

lettingthedaysgoby wrote:

essex-commuter wrote:

anonymousblackfg wrote:

So, did she have insurance?

I'll never know, but I'm pretty sure something was amiss.

My bike and crash helmet damage was assessed by my LBS, the total cost was £306. She went into the shop and paid direct.

Garmin quoted me £86 to replace the screen on my Fenix, they gave me a reference number and she phoned Garmin and paid the bill.

We agreed on a 'sum of money' for my inconvenience which was paid by cheque and cleared.

I'll never know. But if ever anything happens like this again I WILL hand it over to BC to deal with. I'm too nice a guy (you know what I mean), I went too far agreeing to settle without insurance involvement, and I didn't want to go back on my word.

My bike is due back this week (delay on getting a wheel from Mavic), bit I've been back commuting for 2 weeks now on my winter bike.

You're a better man than me. If I'd suspected no insurance I'd have taken her to the cleaners.

If she had no money then it would be a short trip to the cleaners

shirley_basso

Why would you take her to the cleaners?

Do you love putting ticks in boxes?

The Rookie

lettingthedaysgoby wrote:

If I'd suspected no insurance I'd have taken her to the cleaners.

You would be due no more so how does that work? Unless you are talking about blackmailing her which would be a far more serious criminal offence than her driving without insurance.

Some people have a grubby driving record and an extra at fault claim can cost far more in future premiums than the claim costs to settle.

timothyw

I think the point is, rather than being about personal gain, this person might be uninsured because they are a dangerous driver and can't afford their premiums due to previous claims.

Certainly the incident described by the OP gives a fair amount of evidence of a dangerous driver.

If that is the situation then it isn't really right that this person can 'buy' their way out of trouble, massage their no claims and continue to drive dangerously (insured or not!)

It's one thing allowing a person to settle a claim in cash without involving insurers if you feel that this was a one off and they have learnt their lesson and will be more careful in future.

If they've done similar before and keep driving and injuring others then the sooner they can be removed from the roads the better - sooner or later it should become a police matter in short, hopefully before someone gets really hurt.