Had an accident yesterday - what can i expect?

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Comments

  • -1 for the professional check. What do you expect the GP to do? He is not a trauma surgeon and he will tell you that if it hurts rest it and come back if it does not settle.

    Don't waste his time and yours.

    Its called having an official and accurate description/assessment of injuries (be it cuts, bruises, breaks or otherwise) to cover the event that nothing more serious develops as a result of being hit. Who knows, you could have a minor cut, it becomes infected, time off work, anti-biotics etc etc :roll:
    If the bar ain't bending, you're just pretending
  • Mikey23
    Mikey23 Posts: 5,306
    Agreed .. But the op doesn't seem to be interested in advice so there is not much point in giving it
  • slowbike
    slowbike Posts: 8,498
    Mikey23 wrote:
    Agreed .. But the op doesn't seem to be interested in advice so there is not much point in giving it
    But just occasionally ops change their minds. We're not suggesting he goes for £1mil damages on the insurance - just that he gets himself checked properly by a medic. If it turns out that he has a serious injury tat he didn't realise then he's in a better place to sort it ....
  • chris_bass
    chris_bass Posts: 4,913
    I'm not ignoring advice, I will go to the docs and get something in writing in case it is needed
    www.conjunctivitis.com - a site for sore eyes
  • From my experience through a solicitor (luckily one who's husband was a roadie) I got the full value of my road bike. I wasn't happy with a second hand quote as it wouldn't have replaced my bike to anywhere near the standard it was, so it ended up going to an assessors, who ignored me for about 4 months, rang me up, asked for some product codes and sent me a cheque, without even coming to check the bike.

    I did however submit a quote from the LBS I purchased the bike from to replace it, my original receipt of the bike, and at the time I was paying for a separate policy on my (parents) home insurance which covered the bike from theft or accidental damage (like a crash with a car/other cyclist, and I think even crashing in racing) to the tune of about 5k (i'd had it for a couple of years so they kindly would reduce how much the premium was and increase the value now and again). Their first offer was outrageous to the point my solicitor threatened them with something or other that you go to when people make silly offers which wastes every ones time (can't quite remember what it's called now). She also argued the sum she had submitted wasn't out of line with the replacement quote and original receipt and I'd have actually gotten a far better payout than what I was requesting if the guy had not only ran me over, but then promptly put my bike in the back and fukked off (although he did promptly fukk off after an extremely quick exchange of details). Again luckily my solicitor was the wife of a roadie, so she knew the value of what I was asking for and not taking the mick.

    Long post but hope that helps!
    "A cyclist has nothing to lose but his chain"

    PTP Runner Up 2015
  • Mikey23
    Mikey23 Posts: 5,306
    @cb... Cheers, wasn't getting at you... Seems to be a trend in these kind of threads. I'm now strava buds with my physio who is also a trained bike fitter and has also picked out some lifestyle stuff that can lead to future injuries. Hopefully you have just bruising and soreness but there is a small chance that long term damage has been caused and you will need some basic evidence such as a check out by a gp otherwise you would struggle to prove that your injuries were the result of this incident. Speedy recovery mate...
  • -1 for the professional check. What do you expect the GP to do? He is not a trauma surgeon and he will tell you that if it hurts rest it and come back if it does not settle.

    Don't waste his time and yours.

    It's not a waste of time, that's what GPs are for. In any case you can leave it up to the doctor. In my case I rang up the surgery and a nurse talked to me over the phone. She made a note of my injuries and said that if they didn't get any worse I had no need to go in person. The important part was that I'd made contact and it was on record.

    Better than than people expecting you to go to A&E, which they did for me. Everyone was all for calling an ambulance. When as far as I was concerned if my wheel wasn't bent I could have ridden home - As turns out that was the adrenaline, riding home would have been a bad mistake.
  • Strangely enough exactly the same type of accident happened to me I was lucky in the a passing policewoman stopped and took statements and the driver admitted full liability. My claim (Statement of Loss in insurance parlance) is just under £1k for parts and clothing damaged with no personal injury claim. I am now at the stage where I have contacted the driver and given her until 12.00 tomorrow to pay up or I will be contacting her insurers to claim. She was adamant that she didn't want her insurers involved as she was a young driver and feared what it would do to her premiums.

    I didn't have BC membership but one of their solicitors from Leigh Day gave me some advise anyway and it seems it is reasonably straightforward to claim yourself against an insurer. As I understand it insurers can apply a clause called betterment which allows them to deduct 10% of the current RRP of replacement parts, clothes or complete bike for each year old it is. Essentially applying some depreciation. It seems from previous posts though that they don't always do that.

    If you search you will see my other posts where a few members have given me brilliant advice (including a policeman and someone who has been right through the whole process of claiming).

    PS - You have been given sound advice re your health; see your GP even if all they did is say Ok that's a nasty bruise but keep cycling if it feels alright that will validate your claim for personal injuries. Like you I had no interest in claiming anything extra or injury (all I had was a skint arm) but you write that you were I injured so it si right that you should get some compensation for that. Look at it this way if you don't get anything then its essentially saying its ok for a driver to hurt people in an accident and they don't suffer any extra financial pain if they do!
  • chris_bass
    chris_bass Posts: 4,913
    thanks again for all the replies, when i go to the GP do i need anything in writing from them or will it be good enough that it is on my medical records if I give the insurance comapny the go ahead to look at those? annoyingly i don't really visibly bruise, i've taken a photo but it doesnt look as bad as it is, and as for my coxis (coxix? not sure how you spell it) nothing is showing (luckily as i didnt fancy taking a photo of my 4rse!) so how do i go about evidence of this?

    I am getting increasingly annoyed about the whole situation now, i loved that bike and i looked after it and maintained it really well and had it running like a dream!

    I think this is a long shot but my Garmin came off during the crash and i didnt notice until i had got everything home, went yesterday to have a look for it and couldnt find it, as it was a present i have no proof of purchase, i guess this is one that I wont be able to claim for? or add it to the list and see what they say?

    obviously i'll ask the solicitor this stuff too but i dont get phone signal at work so thought i'd air my frustration at you lot instead!
    www.conjunctivitis.com - a site for sore eyes
  • diamonddog
    diamonddog Posts: 3,426
    Claim for the Garmin, it was lost in the accident and why should you lose out.
  • Do you have any photos of it attached to your bike?

    Insurance companies ask for receipts etc but who has proof of everything? If you bought it online chances are the online retailer will have records.
  • diamonddog
    diamonddog Posts: 3,426
    Do you have any photos of it attached to your bike?

    Insurance companies ask for receipts etc but who has proof of everything? If you bought it online chances are the online retailer will have records.

    Or if you paid for it on credit card the statement will do.
  • chris_bass
    chris_bass Posts: 4,913
    diamonddog wrote:
    Do you have any photos of it attached to your bike?

    Insurance companies ask for receipts etc but who has proof of everything? If you bought it online chances are the online retailer will have records.

    Or if you paid for it on credit card the statement will do.

    It was a present unfortunately, form an ex too so not too sure i could ask her for proof of purchase! i do have photos with it on my bike but for a month or two ago, i'll ad it in, they can only say no i guess.
    www.conjunctivitis.com - a site for sore eyes
  • diamonddog
    diamonddog Posts: 3,426
    The photos prove it was on the bike so it doesn't really matter when the photos were taken IME.
  • slowbike
    slowbike Posts: 8,498
    Chris Bass wrote:
    diamonddog wrote:
    Do you have any photos of it attached to your bike?

    Insurance companies ask for receipts etc but who has proof of everything? If you bought it online chances are the online retailer will have records.

    Or if you paid for it on credit card the statement will do.

    It was a present unfortunately, form an ex too so not too sure i could ask her for proof of purchase! i do have photos with it on my bike but for a month or two ago, i'll ad it in, they can only say no i guess.

    You had the mount on the bike? I assume you'd normally upload your ride data so if it came to it you could prove a pattern? If it's a garmin and you upload to strava or garmin connect (probably others too) then it will show the model.

    Yes - add it in and don't accept "No" ...

    You seem to be down about this whole insurance thing - try not to be, you seem to be very reasonable in what you should claim for - perhaps a little too reasonable. Don't overdo it, but do claim for everything lost/damaged.
  • chris_bass
    chris_bass Posts: 4,913
    i'm not down on it exactly, just think they might put up a fight and query everything, i'm just going to be honest, list everything, and take it from there. I have reciepts and proof of damage of everything except the garmin - does this look reasonable for the kit -

    Cube Agree GTC Race - £1,400 (including 10% off RRP due to use)
    RS10 Wheelset £120 (including 20% off RRP due to use)
    Garmin Edge 500 GPS Computer £150 – knocked from bike at the scene and not recovered.
    Shimano R540 Pedals - £30 (including 25% off RRP due to use)
    Mud Guards - £35 - as new condition - only fitted a week previous.
    Carbon Fibre bottle cage - £30*

    or should i just put RRP for it all? it says bike shop estimates but you lot are as good at estimating as the bike shop would be!

    * i know carbon fibre bottle cages are pointless but was my 'treat' to myself when i got my first carbon bike!
    www.conjunctivitis.com - a site for sore eyes
  • slowbike
    slowbike Posts: 8,498
    Replacement price for it all ...

    otherwise you're paying for a replacement you wouldn't normally have purchased and you're left out of pocket.

    If your LBS offers you a discount on your purchase then you claim the net - ie what the invoice is for.
  • Bozman
    Bozman Posts: 2,518
    Chris Bass wrote:
    i'm not down on it exactly, just think they might put up a fight and query everything, i'm just going to be honest, list everything, and take it from there. I have reciepts and proof of damage of everything except the garmin - does this look reasonable for the kit -

    Cube Agree GTC Race - £1,400 (including 10% off RRP due to use)
    RS10 Wheelset £120 (including 20% off RRP due to use)
    Garmin Edge 500 GPS Computer £150 – knocked from bike at the scene and not recovered.
    Shimano R540 Pedals - £30 (including 25% off RRP due to use)
    Mud Guards - £35 - as new condition - only fitted a week previous.
    Carbon Fibre bottle cage - £30*

    or should i just put RRP for it all? it says bike shop estimates but you lot are as good at estimating as the bike shop would be!



    * i know carbon fibre bottle cages are pointless but was my 'treat' to myself when i got my first carbon bike!

    You RRP everything and you'll probably find that they take a % for wear and tear.
  • slowbike
    slowbike Posts: 8,498
    Bozman wrote:
    You RRP everything and you'll probably find that they take a % for wear and tear.


    and then you argue it back up again ...

    you might have had a 2-3yo bike that if you tried to sell would get you £xxx - but you shouldn't accept that as payment because you had no intention of selling your bike or bits of kit that you had on there.
    In taking off a depreciation %age they're suggesting that your bike had limited life - if that were the case then the 20-30yo bikes would've been dust a long time ago - they're not ... and neither would your bike be.
  • In insurance terms, that's not that much. Remember people are having car accidents all the time where the claims can be in the tens of thousands.
  • Can I just add, that Chris is right -
    What do you expect the GP to do? He is not a trauma surgeon and he will tell you that if it hurts rest it and come back if it does not settle.

    Don't waste his time and yours.

    as opposed to this,
    It's not a waste of time, that's what GPs are for. In any case you can leave it up to the doctor. In my case I rang up the surgery and a nurse talked to me over the phone. She made a note of my injuries and said that if they didn't get any worse I had no need to go in person. The important part was that I'd made contact and it was on record.

    It is a waste of time and here is why -

    Go to a Doctor if you need treatment. If you don't need treatment, and as an adult you should be able to decide this, then don't waste their time.

    When you rang the nurse, where did she record your inuries..? how did she record them..? what did she say about them..? did she give a medical opinion of them..?

    Whatever that nurse wrote down is worthless. So by writing it down you have wasted her time. Quite simply for her to give any evidence of that conversation is 'hearsay'. She can only repeat evidence that you can give and is not a witness to anything. The best person, infact unless you die, the only person that can give all the evidence of your injuries in a court is you. You'd as been as well phoning your mum as phoning the nurse.

    Doctors can give evidence of seeing your injuries, they cannot give evidence of how you got those injuries, and very, very rarely will they commit to an opinion as to what caused those injuries. For that reason a Doctor will almost never be called to give evidence at a court if the injured person is there. I know this to be true.

    I spend my whole life at Court and giving evidence. I know what I can and cannot say and I know what evidence can and cannot be accepted. If you ever watch court proceeding you'll notice the Cops gets his notebook out and gives 'his' evidence. That's notes he will have made at the time, of what he has seen, of what he has done and what others have said. In court, notes made at the time - or as soon as practicable after an incident is regarded as best evidence.

    Now, taking best evidence to be that of an injured person. The best evidence they can give is their own. Notes of what happened, a sketch of what happened and photographs of any injuries taken by them will be accepted in court. If they 'phone a nurse who may or may not have written stuff down', that would not be accepted due to hearsay and the rules of evidence.

    All this, 'make sure you get a written record' is just b*llocks and a waste of health professionals time.

    I'm kinda hoping someone here is a solicitor specialising in criminal cases, or even better a Crown prosecutor so they can confirm they above. Failing that, just read the following from a similar thread which I think sums things up nicely -
    Mikey23 wrote:
    It astonishes me how whenever anyone does an 'I've been involved in an accident' post, everyone becomes a barrack room lawyer and we end up with another pool of collective ignorance...
  • Mikey23
    Mikey23 Posts: 5,306
    Yes I'm aware of that... Used to be a benefit fraud investigator and presented loads of cases so well used to the rules of evidence. I'm not referring to criminal proceedings which have to be proved beyond reasonable doubt. Obviously this is a civil case where the standard of evidence is balance of probability. What I would have thought that anyone who has been involved in an accident is to compile a successful narrative which is likely to get the matter sorted as simply and painlessly as possible. The op is probably just battered and bruised but he might just have a life threatening or debilitating condition.. So if part of the ongoing narrative is to examine that possibility then that in my humble opinion is a small price to pay
  • chris_bass
    chris_bass Posts: 4,913
    just an update

    had confirmation today that the drivers insurance company have admitted liability and had a figure for the injuries, the damage to the bike and other stuff will be done separately but I have a letter from my LBS confirming all the damage and recommending the bike is written off. so its looking ok, taking a little while but should be able to replace everything that was damaged.

    Just wanted to say that the British Cycling support and the solicitors (Leigh Day) have been great throughout, i'd highly recommend joining, well worth the £26 a year.
    www.conjunctivitis.com - a site for sore eyes
  • ednino
    ednino Posts: 684
    I was hit last summer by a careless driver

    I went to the local bike shop and got written quote for replacement of the damaged items. Full RRP + fitting
    Posted the quote to the drivers insurance company & they paid me the full value + a bit extra for injury

    Also happened to go from Tiagra to Ultegra :roll:
  • chris_bass
    chris_bass Posts: 4,913
    ednino wrote:
    I was hit last summer by a careless driver

    I went to the local bike shop and got written quote for replacement of the damaged items. Full RRP + fitting
    Posted the quote to the drivers insurance company & they paid me the full value + a bit extra for injury

    Also happened to go from Tiagra to Ultegra :roll:

    thats good to know, seeing as they have already admitted full liability hopefully the rest is just a case of pricig it up.
    www.conjunctivitis.com - a site for sore eyes