Post Accident - Replace Bike - Or Hold Out For Claim

Get a new bike on c2w, look for a decent bike with slightly sub-standard wheels but a great frame and gruppo then when the insurance comes through buy some pimp wheels!

Pick the phone up to Aviva & ask for an update, they will probably tell you the same as before but its worth checking.

They are probably still awaiting their driver to complete the claims form & fill them in on any further info, along with chasing up the police report. Probably the driver trying it on & thinking if they don't fill the form in their insurers won't pay out.

Send them then info & also keep copies yourself. Personally if it were me I would send them a diagram, photos (you can always go back to the scene and take a photo with your bike & use another car for position just point this out to them), plus print out a google street view image & possibly contact the police for an update too. Make sure when you send them the info give them 14 days to reply to you. If you have not heard back from them in 14 days phone them again and ask for an update. If nothing has changed them advise them you are appointing your own legal representation. Google after the event insurance and find a solicitor that will deal with your claim, basically they will only act for you if you will win but if your clear cut that you were knocked off (do not include in this is you were riding up the inside of him as this would not be clear cut). Pass all your info over to the solicitors & include expenses for your time, cost of phone calls, printing etc - all known as out of pocket expenses.

Only thing you may need to consider is if there were no independent witness's you would be in the same position as if you were in a car, both sides saying "it wasn't me" and the insurers wont let it go to court as they would just confirm with no proof either way a 50/50 settlement. Its a hard position & I'm not in anyway trying to do you down as I too have been knocked off by a t@*@ in a car but in all honesty keep this at the front of your mind as you might not get anything out of it & any solicitor you appoint will tell you this, thats why its better to go for one once you know what the driver is saying, if they admit your in an OK position.

Sorry to hear of your accident. I wondered if I could be of any help. I am a cyclist but also a solicitor specialising in cycling accidents.

If you can afford to replace your damaged bike and cycling kit now (either with a direct payment or via the cycle to work scheme) then there is no reason not to do this, BUT you should first take the bike to your local bike shop for a repair estimate or to confirm that it would not be possible to repair the bike. You should also make sure that you keep the original damaged bike and kit, so it is available for inspection if required by Aviva.

I don't know the specifics as to what type of bike yours is but I completely understand that if it is six months old and the frame is gouged to hell you won't want it repaired and will want it replacing, however, the insurers will always try to offer the cheaper option and, if the bike can be repaired, they will try to suggest that it should be repaired rather than replaced. If your bike has a carbon frame however, then usually the recommendation is that the bike cannot be repaired in which case a replacement would be needed.

It is unclear from your post whether you were also injured in this accident. If you were then a solicitor may be able to act for you on a "no win no fee" basis in pursuing a personal injury claim and as part of that claim the solicitor should also be able to recover the cost of your damaged bike and kit together with any other losses. Please feel free to personal message me if I can help in any way.

Unfortunately, although personal injury claims are usually dealt with a lot more quickly (a typical time estimate for a straightforward claim without any dispute on liability may be in the region of four months) I realise that this is still a very long time to be without a bike. The insurers may release a payment more quickly if their driver accepts it was his fault but there is obviously no guarantee of this.

Danlikesbikes' idea of sending a diagram, taking photographs of the scene et cetera certainly seems sensible. This evidence would be needed by any solicitor who you would appoint to investigate the claim and it certainly makes sense to get this information together as soon as possible whilst it is fresh in your mind. I would urge you to seek detailed legal advice before making any further contact with Aviva.

I hope this information is helpful.