bike accident today

barnsta
barnsta Posts: 4
edited October 2012 in Road general
About 8 weeks ago I bought a nearly new focus cayo 105, my first carbon bike and loved it. I say loved it, but because of an accident today it is no more. I was just going home from a lovely 35mile ride in the sunshine when woman and her child walked directly out in front of me as I rode down a hill. I was doing 25mph and had already moved over to avoid them as they walked along the road and then without looking they walked straight out in front of me. I swerved but clipped the child who is ok btw and hit the side of a car and landed somehow on my back in front of the car. My shoulder is swollen but not broken and my ankle is hurting when I walk. My helmet is cracked and shattered where I hit the car (good reason to wear one). After an ambulance checkup and police statements I had another check up at hospital. I got home and checked my bike and apart from the obvious things like bent wheels I found a crack along the top tube. Now I'm left with a knackered bike ripped clothes and broken helmet.
Just wondering if anyone has ever tried making a claim through cycle specific claims firms and the success rate. Just not sure where to go from here.
Any help would be good thanks.

Comments

  • me-109
    me-109 Posts: 1,915
    Try home insurance for loss or damage to items away from the home.
  • lotus49
    lotus49 Posts: 763
    That is jolly bad luck but at least it could have been worse, you could have been driving and seriously hurt the child. Not your fault clearly, but that would be a terrible thing (as opposed to merely crap) to have happened. Legally you are likely to have a claim for negligence against the child''s parents but if they have no money or insurance, you are wasting your time unfortunately.

    It's probably worth checking your home contents insurance though. It may cover accidental damage as long as you specifically mentioned your bike as you are usually required to do.

    There was a thread about a week ago about insurance. I read it with interest but didn't come to a conclusion. Your unfortunate experience has decided this for me - I am getting some.
  • thistle_
    thistle_ Posts: 7,143
    Sorry to hear about your mishap.

    There's some information here: viewtopic.php?f=40052&t=12722930

    One thing to bear in mind is who you plan to claim from for any damage: The woman and child are unlikely to have third party insurance for walking, although their househould or motor insurance may cover them (if they have it).
    Although the car has probably caused a lot of damage, I'm not sure it's fair to claim off the driver.

    Did the police offer any advice?
  • Joeblack
    Joeblack Posts: 829
    Sorry to hear that mate,

    I don't know where you stand tbh, I have however heard of someone who can repair cracks in carbon, I don't know more than that but I might be worth a try

    Get well soon
    One plays football, tennis or golf, one does not play at cycling
  • andyk19
    andyk19 Posts: 170
    The problem would be that you'd have to sue the woman and child, who obviously won't be insured, as it sounds as though the car was not in the wrong. A general rule of legal practice is only to sue a solvent target which the woman may not be (solvent in this case meaning having enough money to pay you for your PI and new bike/kit) and therefore a firm may be uninclined to take action; this is because although you may win in the legal sense, unless she has the means to pay you'll struggle to actually get anything.

    Of course this may be different if the car was also in the wrong as then you could target someone who has insurance, but from what you've said this doesn't seem to be the case.

    That's not to say it's not worth getting a free consultation, but just don't be surprised if without an insurance policy to aim for they wont be too enthusiastic.
  • barnsta
    barnsta Posts: 4
    Unfortunatly I don't have home cover for my bike. I have rung a claim firm I found online bit my injuries have to be there for 3weeks and I suspect they wont unless my ankle is broken (feels like it). I thought about getting it fixed but would still need wheels and I've probably damaged the gears.
    There was a car seconds behind me so they are lucky it was me that hit them. They didn't even pay attention when I shouted out to watch out.
    Anyway, the claim company said that the claim would go-to their home insurance.
    Hopefully something may come up. Hope this story helps others firstly to wear a helmet, no doubt it saved my life and also check insurance!
  • karlth
    karlth Posts: 156
    Most house contents insurance includes third party liability except when driving - which is why separate motor insurance is needed to drive a car. Most people do have contents insurance, so it is worth pursuing a claim against the pedestrian. You can bet the car driver's insurers will be doing so. You have no claim against the car driver as on the face of it there's no negligence on their part.
  • fevmeister
    fevmeister Posts: 353
    Horrible to hear and I'm very sorry. The public are generally stupid!

    Have a look for a thread called moda stretto on 'your road bikes' I seem to recall the guy got the frameset on the cheap because the top tube was cracked, however, he knew someone who can fix carbon and the pics are in the thread to be seen. You would never have known it was broken, so all is not lost! Keep the faith!
  • RDB66
    RDB66 Posts: 492
    Sorry to read about this Barnsta...hope you get well soon mate.

    btw was there any damage to the Car ? He's gonna want to claim off someone, if there was.
    A Brother of the Wheel. http://www.boxfordbikeclub.co.uk

    09 Canyon Ultimate CF for the Road.
    2011 Carbon Spesh Stumpy FSR.
  • thefog
    thefog Posts: 197
    Interesting question really. We see motorists talking about cyclists who cause accidents potentially not having insurance of any type.

    I hate the claim culture now in place, but in a case like this, could you perhaps look at the small claims court?
  • elderone
    elderone Posts: 1,410
    sorry to here this and wish i had some words of wisdom to offer.As some one said carbon can be fixed so maybe not all lost.best of luck.
    Dulce et decorum est Pro patria mori
  • hulla the hulla
    hulla the hulla Posts: 338
    Fevmeister wrote:
    Horrible to hear and I'm very sorry. The public are generally stupid!

    Have a look for a thread called moda stretto on 'your road bikes' I seem to recall the guy got the frameset on the cheap because the top tube was cracked, however, he knew someone who can fix carbon and the pics are in the thread to be seen. You would never have known it was broken, so all is not lost! Keep the faith!

    don't ask me why, just being helpful - viewtopic.php?f=40044&t=12884775
    A person who aims at nothing is sure to hit it

    Canyon Aeroad 7.0 summer missile
    Trek 2.1 winter hack

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