Accident and possible claim

MidlandsGrimpeur2

Morning all.

A driver decided to pull out in front of me earlier in the week and I went into the side of their car.

A trip to A&E followed but thankfully just a minor head injury and some bruised ribs.

Main concern is damage to the bike, couple of bits need replacing and the frame needs checking at the lbs.

I took the driver details and I suspect I will have to make a claim for bike damage costs.

Any advice as to how to proceed? I want to avoid the whole legal route, I just would like to cover bike costs and am after the easiest way to proceed. Any advice welcome.

First.Aspect

Was a police report made?

MidlandsGrimpeur2

Was a police report made?

Not at the time. I have subsequently tried calling 101 and the local station to file a report but can't get through.

I am not really fit enough to attend in person.

kingstongraham

Don't be nice. Head injury and bruised ribs enough to keep you at home sound serious enough to claim for as well as bike replacement.

First.Aspect

Yup. I'd just call one of the cycling UK recommended firms and take it from there. Or through your house insurance if you have legal cover there. The half hour or so you will need to invest in a call will be worthwhile in the long run.

If you go it alone, the driver's insurance company will screw you over, simply put. They are not some independent arbiter, they are on the driver's side here, and their focus will be on minimising their own outlay.

You may need a medical assessment, in which case it needs to be done pronto. If the circumstances of the collision essentially make it impossibly for it to be your fault, you may be entitled to a reasonable compensation, not just costs for repair. But you need to be told what you need to do by someone who advises on this for a living.

You should not fall into the trap of feeling guilty about this. You are hurt through no fault of your own. The driver is not. There is a reason he is legally obliged to have insurance to drive one of those things.

lesfirth

I had reservations about using the legal route ,but insurance companies will pay you as little they possible can. That is their job. You are a novice and they will take full advantage of that.
Every year that you have paid you car insurance some of your premium has gone into the pot to pay for accidents like this. It is now time for you to get a bit back.
If you insist in a DIY job make it clear to the insurance company involved that if they play ball, you will not be involving a solicitor. That is the last thing they want. The minimum you want is the cost of a replacement new bike. Nobody can be 100% sure that a carbon frame is not damaged by looking at it.
I used Leigh day solicitors ( the BCF use them). They did a great job for me and I strongly recommend them.

Sutton_Rider

I had an accident April last year, it was 100% the other guys fault. I used Leigh Day and they did a great job for me, it took 9 months, but it was worth it. I also agree 100% with what Lesfirth has said above. If its a carbon frame the insurance company won't mess about. Its a new frame (or bike) and what about your helmet, shoes, bib etc. All these things add up and need to be taken into account.
I hope you make a full recovery soon, its not nice being in your situation.

pblakeney

A small anecdotal story but something to consider. When a guy hit me he offered to cover all costs, and did. He was somewhat surprised at the total though.
The general public really have no clue how much we spend on cycling gear.
I'd go legal the next time.

ballysmate

kingstongraham said:

Don't be nice. Head injury and bruised ribs enough to keep you at home sound serious enough to claim for as well as bike replacement.

You will not be claiming out of the driver's pocket so no need to feel sorry for them. They will lose ncb whether you claim 1 pound or 10000 pounds.

And make sure you do get it reported to the police as with all injury rtc

MidlandsGrimpeur2

Thanks for all the advice so far. I will seek out some expert advice as suggested and go from there.

W12_Lad

I'm sorry, this is a looong post but hopefully may help someone.

I've had 3 accidents in the past 7 years that have involved compensation.
By far the worst in terms of stress and time was the 1st one where I involved a solicitor (Leigh Day).

I should say at the outset, each accident was clearly the drivers fault 100%. The actions and incentives of Insurance companies and solicitors would be very different if that wasn't the case particularly in accident 3 where the main concern of the insurance company would be to prove the cyclist was at fault.

1. Car smashes into the side of me, entering a roundabout that I was already on.
I was taken to hospital, released that night with no broken bones but soft tissue damage and bruising to my back. Police attended.
This claim went on for over a year, during which time I realised that Leigh Day have a set template for these "jobs" that enables them to generate money for themselves.
Their payment is based on the work they do and has nothing to do with the payment you receive.
Therefore there is no incentive to get you the best payment or to have proceedings completed quickly.
The process involves lots of letter writing backwards and forwards for extras like physio etc.
They get you to list out, to the penny, all your losses but then, at the end, when they've rinsed the insurance company for as much work they can get, they then recommend that you take an offer loads less than you've detailed accurately.

One instance, my bike was bought using staff discount by a friend that I couldn't use again. So I argued that I should get enough money to buy a new bike, not what I paid for it.
The leigh Day contact said that there's no way they will do this so it's not worth asking.
I forced them to ask.
When the bike cheque arrived at Leigh Day I got a call saying that they were sorry but had warned me that the Insurance company wouldn't budge and just covered what I paid for the bike.
I received the cheque and the Insurance company had paid full retail!
I surmised that Leigh Day don't like addressing things that don't fit neatly in their "template".

2. I'm stationary between islands, halfway across a major road. Car drives right through me from behind! I use daytime lights as well.
Main injury is to my lower back where the saddle bashed it.
Bike's rear wheel was destroyed.
After I stopped swearing at her, I took pictures and we got down to business.
She was very apologetic and asked if she could pay me cash.
I smiled the patronising smile and said "No you don't, this bike is £3000".
" My husband can pay that."
Not really believing her, I said it would need to be today because I have to report the accident to the police and insurance company asap.
She made the call and said he's agreed and is on his way.
I still don't think it's going to happen but we wait.
Then, she says "Here he comes".
I turn around and my heart sinks as a skip lorry approaches.
Her husband gets out, gold chains, the works.
After talking to her, he comes over to me and says "So this is 3 grand is it?"
"yes" I answer sheepishly.
"ok then, we can go to my house and get the money".
I chuck the bike onto the lorry and get in the cab.
He's a nice guy and vey chatty but I'm really nervous.
I suspect he's going to drive me somewhere, give me a slap and tell me to Fck off, throwing the bike at me!
He gives me an envelope with £3000 in £20 notes.
As it turns out, he was an absolute gentleman, I said, technically you've bought the bike so it's yours now. He said, that's ok, you keep it and hopefully you can get more money from the parts for your inconvenience.
He dropped me off at the station and that was that...... although, my streetwise cynicism was still half expecting that someone might board the train at the next station and "mug me" .
As it turned out, I was lucky, the bike just needed a new rear wheel and my injuries cleared up within a few days.
Most importantly (for me), the process of getting paid wasn't long and drawn out and it's a great story for parties
If Carlsberg did RTAs............

3. Going uphill on a quiet country lane, again with a flashing rear light and an old lady drives straight through me from behind.
No serious injuries, just cuts and bruises. I clearly "bounce" well.
My bike's resting place was a good 20ft ahead of the car!
The bike had no damage apart from scratches.

I took pictures and called the police straight away so there would be no question who was at fault in any dealings with the insurance company.
Based on my previous experience with Leigh Day I decided to contact the insurance company direct on the grounds that it's in their interests to
a) Not pay huge solicitor's bills
b) Complete quickly particularly for injury claims in case of any long term complications or extra medical requirements or rehab.

They already had the details of the accident, either from the driver or the police so there was never any question of blame.
I was honest and said I don't think there are any lasting injuries and to escape solicitors fees and so I don't have to be medically examined, what will you offer, "bearing in mind I'm taking a chance that there will be no health complications in the future?".
He said I can offer you £1700.
I said "ok". The cheque was with me in 2 days.
"what about my bike?"
"Based on the accident and it being carbon fibre, it will be written off.
If you can just formally get a report from a bike shop showing it's been in the accident we'll pay you full value"
After emailing the report and extra costs of my sunglasses, I received full payment again within a couple of days.
No worrying about posting rides to strava (cause we all ride again asap while still in pain but wouldn't want to publicise the fact to the insurance company), no stress whatsoever.

The only loser is the Solicitor who doesn't get to make easy money out of the Insurance company.

diplodicus

Good post, ta.^^^

First.Aspect

So you don't like Leigh Day. There is a way of dealing with these things though. Such as declining an offer, with a reason why. The solicitor might be carp, but they are following your instructions.

So, your advice may be best for you, but it's not for everyone.

W12_Lad

I've no problem with Leigh Day.
They're just the solicitors I was recommended.
They have an operation that generates money for them. I would do the same thing if I was passed on easy work by British cycling.
I just wanted to highlight that, although the solicitor is appointed by you, there is no incentive for them to get you a good deal or, most importantly (for me anyway) to get it done quickly.
They are business', not the wonderful saviour that some people post about.

I'm sure that Solicitors come into their own however if blame isn't clear as they wouldn't get paid unless the driver was at fault..........
I have no experience of this though.

lesfirth

I am sorry M lad but my experience with Leigh Day was miles away from yours in every aspect. Fault was 100% the car drivers and was not contested.
My bike that appeared to have cosmetic frame damage
was written off as uneconomic to repair. I was paid full retail plus cost of upgrades I had made ,less depreciation and 5% payment for the scrap bike
The net amount was considerably more than I paid for the bike when new and I still ride it 2 years on.
I receive payment for the bike in about 4 weeks and compensation for soft tissue injury and clothing in 9 months.
Having had the experience I would be in a better position to do it myself if it happens again but for a first timer I recommend Leigh Day every time

ballysmate

w12_lad said:

1. Car smashes into the side of me, entering a roundabout that I was already on.
I was taken to hospital, released that night with no broken bones but soft tissue damage and bruising to my back. Police attended.
This claim went on for over a year, during which time I realised that Leigh Day have a set template for these "jobs" that enables them to generate money for themselves.
Their payment is based on the work they do and has nothing to do with the payment you receive.
Therefore there is no incentive to get you the best payment or to have proceedings completed quickly.
The process involves lots of letter writing backwards and forwards for extras like physio etc.
They get you to list out, to the penny, all your losses but then, at the end, when they've rinsed the insurance company for as much work they can get, they then recommend that you take an offer loads less than you've detailed accurately.

Well colour me shocked!
By all means make an insurance claim, after all that is what it's for. But don't expect any solicitors to act in anyone's interest other than their own.
After all, how many man hours do you think they would put in if their return would only be a % cut of any claim for a damaged bike?