Accidents. What do you do when you're hit by a car?

woody1545
woody1545 Posts: 322
edited October 2008 in Road beginners
Hi,

I was wondering whether anyone has had the unfortunate experience of being hit by a car and has any tips on claiming against the driver?

I was run over yesterday by a bloke turning right who couldn't be bothered to look first! I ended up going through his windscreen at about 30 mph. Having been carted off on a spinal board it appears I haven't broken anything but I can't bend my right leg at present. My frame is bent and forks and front wheel are in bits.

I don't have any separate bike insurance but the Police tell me the chap who hit me with his car does have insurance. The Police have witnesses and are considering prosecuting the driver.

Any advice on how I go about getting a new bike etc would be gratefully received.

Thanks for your help
Chris

Comments

  • Slow Downcp
    Slow Downcp Posts: 3,041
    You should speak to a solicitor who specialises in these things - many operate a no win, no fee (although it's doubtful you won't win this one anyway), as they claim costs from the other insurer. Do not try to deal with it yourself - the drivers insurers will try to get away with paying nothing (or next to nothing) if they know you are acting without legal advice.
    Carlsberg don't make cycle clothing, but if they did it would probably still not be as good as Assos
  • hugo15
    hugo15 Posts: 1,101
    Fortunately not had to use them myself but Bikeline usually get recommend

    http://www.bikeline.co.uk/

    Hope you get back on the bike soon. When you do I would suggest joining one of the cycling groups. Everyday Cycling (an offshoot of BC) are doing membership at £24 per month. This gets you 3rd party cover to £10m and access to legal advice in it does go horribly wrong.

    http://www.everydaycycling.com/edc/v2/membership.aspx
  • If you have witnesses you should be ok. I was knocked off a few weeks back (driver admitted responsibilty and then later denied responsibility) and in shock I said that I was ok and that my bike was ok, turned down witnesses etc thinking nothing of it.

    10 mins later realised my bike was damaged,

    Weeks later my hip is still sore as hell and I think I must have broken a finger because it still hurts.

    The police could do nothing without a witness and the driver basically got away with only paying for half of the damage. Basically saying accept what he offers or it's off to the small claims court, which for damage of £113 would just not have been worth it.
  • get to an injury lawyer. document all your injuries, write a diary, etc etc.

    i was knocked over 3 months ago, had all my front teeth smashed out horrificly, £5k dental bills and only just had my new teeth fitted. I am now pursuing the idiot who did this.

    You must document as much detail as you can, keep the whole event as fresh in your mind as you can. a criminal investigation will certainly help your case. Mine was dropped as the cctv they were basing the case on (no independant witnesses) was actually pointng the other way!!!! GRRRRR

    anyway, get on the case with a lawyer, keep all the receipts and totals of losses you are incurring.

    best of luck
  • Cunobelin
    Cunobelin Posts: 11,792
    The first thing to remember is that after an accident you are in "fight or flight" syndrome with adrenaline flowing and this masks injuries, stops logical thinking and also affects judgement.

    So anything you do is not necessarily going to be wise or remembered. People simply forget the basics such as recording the registration!


    The London Cycling Campaign do a very good guide

    I am an optimist so assume that I will be involved in minor accidents and able to respond to events.

    What I have done is made a small card with a check list of the salient points so that I am reminded to record details, witnesses etc. I also carry a small chep digital camera to take photos of positions junctions etc.

    Also see your GP or A/E for advice.

    Finally if in any doubt, involve the Police!

    The best style I have ever seen was an elderly chap in Fareham who was clipped by a car doing a left hook... he lay in the middle of theroad yelling "my hip, my hip" in a loud voice and refusing to remove because it hurt so much. This gained a large audience caused total chaos with the driver having to direct traffic.

    Being a reputable character I offered him assistance, to which he confidentially replied

    " No - there 's bugger all wrong with me, but that's not what all these witnesses will remember, and it also means that (expletive) will still be directing traffic and unable to move his car before the Police arrive!"
    <b><i>He that buys land buys many stones.
    He that buys flesh buys many bones.
    He that buys eggs buys many shells,
    But he that buys good beer buys nothing else.</b></i>
    (Unattributed Trad.)
  • John C.
    John C. Posts: 2,113
    We had an accident a couple of weeks ago on a club run. Luckily the lad who went down was OK and he dealt with the driver. Only afterwards did we realise he had not taken the vehicle reg. and non of us had used our phone camaras to take pictures. The driver did pay for damages but it made us think, what should we have done? who should have taken charge ?
    http://www.ripon-loiterers.org.uk/

    Fail to prepare, prepare to fail
    Hills are just a matter of pace
  • Aggieboy
    Aggieboy Posts: 3,996
    Woody,
    I won't write reams here, but I went through your exact scenario 2 years ago. It finally got resolved this July. PM me if you'd still like some advice.
    "There's a shortage of perfect breasts in this world, t'would be a pity to damage yours."
  • Blonde
    Blonde Posts: 3,188
    Cycle Aid are dealing with my recent claim. I can recommend them. They operate no-win-no-fee so if successful the drivers insurance company pays the fee. It does take a few months but it is worth persuing, just as you would if hit when driving a car. You must get an incident number from the police which will also give you the telephone number of the accident clerk. The accident clerk/office will make a report which will be available on completion -this can take a few weeks but they should keep you informed of progress via letter and/or phone calls. The report will also list the drivers address and insurance details. Once the report is completed, your solicitor can persue the drivers insurance company for your claim. Keep a diary of pain/any hep you need with washing/dressing/housework etc and any scarring. Take photos of all injuries and damage to bike/personal effects/clothing etc. Take pictures of injuries at one week, two weeks, a month - to document if there is scarring. Draw a diagram of the accident as well as writing down what happened, the location, time of day, conditions and visibility etc. See your GP because your medical records will be required for your case. You may need physio - this will also be covered if you go private. Keep all receipts and/or quotes for repairs. Keep all travel tickets - i.e. if you usually cycle to work but cannot due to injury/bike damage, keep those travel tickets as you can claim for the cost. Prepare for your claim to take several months - but don't let that put you off.
  • I was crossing a roundabout about 3 weeks ago and a driver pulled out in front of me..nowhere for me to go....bike under the car and I got a couple of cracked ribs when the wheel glanced me.....was very lucky not to have the wheel go totally over me. I was down and up out of the road before I knew what was going on. Luckily I got details of the driver and she confessed to the police what she had done on her way home. I went to my local police station once the wife had extracted the baby fom her bed and come to get me an hour later after standing in the pissing rain. There were tons of witnesses as it was a busy rush hour. Many people enquired to make sure I was ok but I didn't think to ask any of them for names and addresses..
    Have enlisted the help of a no win no fee solicitor and the claim is under investigation by the other persons insurance company at the moment..
    hopefully I will get a decent settlement to cover the bike repairs etc.

    Solicitor is definately the way to go
    17 Stone down to 12.5 now raring to get back on the bike!
  • Richie G
    Richie G Posts: 283
    I'm afraid i'm in the same boat. Got knocked off on a roundabout - the driver simply didn't see me. Fortunately there were plenty of witnesses and the police were called. It could of been worse but i've broken my wrist am in plaster for 6 weeks. The PC on the scene has given me the drivers insurance details but said he wasn't sure what the best route for claiming would be.
    Cycle Aid are dealing with my recent claim. I can recommend them.

    Do you happen to have a link/details? I'd quite like get the wheels in motion. I'm waiting to find out if the bikes repairable and i've ruined about £100 worth of clothing.

    The best style I have ever seen was an elderly chap in Fareham who was clipped by a car doing a left hook... he lay in the middle of theroad yelling "my hip, my hip" in a loud voice and refusing to remove because it hurt so much. This gained a large audience caused total chaos with the driver having to direct traffic.

    I had a very enthusiastic first aider who refused to let me move from the road until the paramedic arrived. Absolute chaos! At least it meant witnesses hung around til the police arrived - i'm glad they were called as the PC said it was likely that will do the driver for driving without care.

    PS To the OP: hope you're getting sorted.

    Cheers
    Rich
  • woody1545
    woody1545 Posts: 322
    Thanks to everyone for the advice.

    I've spoken to http://www.cycleaid.co.uk/site/home/ who were helpful and are sending me some forms through.

    HOWEVER I've just discovered http://www.cycle-aid.co.uk/ who appear to be a different company!
  • i tell you what really annoys me is when pedrestrians decided to get in the fray

    i was cycling 3 thursdays ago with a local group, did an XC ride and were riding back through a town and these 2 people (roughly early 20's highly suspicious chavs) walked out halfway into the road, saw us coming towards them, stopped and then carried on!? and 2 riders in front of me had to weave between them

    they reached the other side of the road, on the pavement and one decided to step back out into the road, more importantly into me!!, sending me skidding down the road at bout 20mph

    luckily i somehow managed to take all the abuse on my right arm with 2 rather savage looking cuts but not too deep thankkfully and not on the elbow.

    Little damage to my bike, only really cosmetic, all 3 lights i had on came off (they can't say they didn't see me) one of them got crushed by another car but it was the worst of the 3

    but i'm very luckily not to have been more seriously damaged or my bike for that matter, there could have quite easily have been a car bringing up the rear and i wouldn't have been able to do anything as it would have been the pedestrian to blame.
  • sicknote
    sicknote Posts: 901
    Hi Richlong

    I had some thing like that happen to me years ago when I was riding all the time ( going through Camden in London ) but when we where passing him I took a swing at him with an open hand and must have just missed him as he turned to shout at me.

    some may say I went to far but if you know what Camden is like on a Saturday, and I had come off my bike, I am sure he would have had a good laugh plus the cars were quick a round there too.

    I bet he will not do it again :wink:
  • woody1545
    woody1545 Posts: 322
    Richlong/Sicknote,

    Its not just pedestrians. Witnesses and drivers can be a problem too.

    The guy who run me over had his girlfriends daughter in the car. Coincidentally the ex boyfriend/little girls dad actually witnessed the crash and ended up having a full on scrap with the guy who hit me for endangering his daughter!

    They were thoughtful enough to ask if I was ok before leaving me in a bloodied heap in the road and trying to hit each other!
  • sicknote
    sicknote Posts: 901
    woody1545 wrote:
    Richlong/Sicknote,

    Its not just pedestrians. Witnesses and drivers can be a problem too.

    The guy who run me over had his girlfriends daughter in the car. Coincidentally the ex boyfriend/little girls dad actually witnessed the crash and ended up having a full on scrap with the guy who hit me for endangering his daughter!

    They were thoughtful enough to ask if I was ok before leaving me in a bloodied heap in the road and trying to hit each other!

    You are right but some think it is funny to do things like that and I get it when I am in the car too, far to much at the mo

    Some people are getting real stupid :?