Post Accident Opinion Requested
Sutton_Rider
Posts: 493
in Road general
You opinion is requested for post accident action:
Bike: Focus Cayo carbon frame and forks - modified with Di2, 4iiii PM, Aksium wheels, R8000 chainset
Saturday 4th I was side swiped while out on the bike (doing my one piece of exercise) by a van. (He was turning right major to minor and cut the corner as I was turning left from the road he was going into). I seem to have taken the brunt of the collision. Fracture at the top of my right arm, soft tissue damage on the top of my left leg. The van driver admitted full responsibility to me and the Police when they attended. An Ambulance was also called and I was taken to the local A&E. Recovery time was estimated by the DR’s to 4 to 6 weeks.
I’ve had a chance to look over the bike and apart from a slightly buckled rear wheel and twisted handlebars I cannot see any other damage, no scratches, dents or chips. I’ve been able to straighten the rear wheel to a point where the bike can be road tested, but as I can’t even walk at the moment that’s put on hold, I’ve re-set the handlebars.
I will be making a claim on his insurance in due course for damaged shoes and helmet, but my question is as for the bike do I just claim for the wheel or being the bike is carbon for the whole bike. How would it be best to proceed from here?
Bike: Focus Cayo carbon frame and forks - modified with Di2, 4iiii PM, Aksium wheels, R8000 chainset
Saturday 4th I was side swiped while out on the bike (doing my one piece of exercise) by a van. (He was turning right major to minor and cut the corner as I was turning left from the road he was going into). I seem to have taken the brunt of the collision. Fracture at the top of my right arm, soft tissue damage on the top of my left leg. The van driver admitted full responsibility to me and the Police when they attended. An Ambulance was also called and I was taken to the local A&E. Recovery time was estimated by the DR’s to 4 to 6 weeks.
I’ve had a chance to look over the bike and apart from a slightly buckled rear wheel and twisted handlebars I cannot see any other damage, no scratches, dents or chips. I’ve been able to straighten the rear wheel to a point where the bike can be road tested, but as I can’t even walk at the moment that’s put on hold, I’ve re-set the handlebars.
I will be making a claim on his insurance in due course for damaged shoes and helmet, but my question is as for the bike do I just claim for the wheel or being the bike is carbon for the whole bike. How would it be best to proceed from here?
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Comments
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Get it assessed by a bike shop, when you can.
Speak to a solicitor and do not try to negotiate with insurance company yourself. Don't look at this as being greedy - even if you were to take the first low-ball offer for some reason, a solicitor will be able to take the administrative burden off you.
It sounds straightforward in the grand scheme of things so a solicitor via home insurance, British Cycling or just direct contact will be happy to pick it up.0 -
Carbon frame and forks and has been in an accident.
I'd get them inspected, you can't always see Carbon damage (I also had an accident a couple of weeks ago and my bike is currently off being looked at)0 -
As above mostly - you really need a professional to assess the bike and write a report, he'll perhaps pick things up you haven’t, no harm in discussing it with him. I'd insist on an NDT test being performed and reported on, it being carbon. Write to his insurance company and tell them you’re going to do this when you’re well enough and under the present circumstances this might take a while. That’s the bike but don’t forget your injuries, they too were caused by the crash and are not your fault, get a medics report if you can.0
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If your carbon bike was hit by a car, get it inspected, and if you can't guarantee that the frame isn't damaged by the crash, claim for it.
Also claim for your physical injuries. It's not taking the p!ss. Someone driving into you, that's taking the p!ss.0 -
I wouldn't be happy riding on a carbon frame after it's been involved in a crash - what's the point of risking it on a descent some months later if there has been damage to, say, the forks or the handlebars? I had to basically decommision my training bike after an incident with a car - basically some months later a crack appeared in the fork. Can't say it was definitely to do with the crash but highly suspicious and, in hindsight, I should have just swapped the forks out after the crash. If you want nightmares watch this:
https://www.youtube.com/watch?v=muukpjzb5Jw appears to know a lot about carbon generally. It's not specifically about your circumstances but more a wake up call to how we need to look after our bikes. 0 -
You need to speak to a good lawyer.
Do you have legal cover through your home insurance or are you a member of British Cycling or Cycling Uk? If not call Leigh Day solicitors if your in England.
The bike should be put into a bike shop for assessment of damages. Sounds like it’s a write off but they will assess that and price up a suitable replacement.
Injuries are usually more important than the bike.
Take pictures and dig out receipts for any damaged clothing, shoes, helmet.
Going through the legal route does take longer but it makes sure you are properly compensated.
I was hit by a careless driver last year. The first offer from the insurer was £2500 and that was before any cost details were sent through. I rejected that although I was tempted as that would have paid for a replacement bike quickly. I’m glad I did reject that offer as I later found out my wrist was fractured and I had to get it operated on. So best to be cautious get a lawyer and get properly compensated for an accident that was not your fault.0 -
I was knocked off my bike last year. After a search on this forum I found a recommendation for Leigh Day Solicitors. I can not find anything to fault at all in their handling of my claim and I would recommend them without hesitation.I think they are used by the BCF.
I have no connection with them.
My carbon bike frame was written off on the basis that it had been in an accident and the " independent" engineer could not be 100% certain that there was no internal damage.
As has been said by others DO NOT TRY TO SORT THIS OUT YOURSELF.
If you would like to chat about this on the phone just PM me.0 -
I had very similar, Leigh Day solicitors via my British Cycling membership.
Bike replaced at market value within weeks.
Driver prosecuted and found guilty.
3 years later (medical treatment, recovery, assessments, wrangling with opponent's solicitors etc.)
Tens of thousands of pounds payout.
It takes time and doesn't truly compensate if injuries are life-changing, but I truly recommend putting it in the hands of a legal specialist.0 -
Sorry to hear about your accident. Hope you heal up quickly.
With regards to the insurance and bike claim, from someone who was involved in an rtc with a bus 18 months ago I can only echo the above comments.
If you have British cycling membership contact them immediately, they will put you in the hands of their solicitors who are very good and experienced in such matters (cycling accidents).
The assessment of the bike needs to be completed by a bike shop but you need to wait for the insurer to advise you which bike shop you have to take the bike to. I suspect your frame will be immediately written off. It can be hard to determine if there is any damage to the carbon from an accident and tends to be cheaper for the insurer to just replace it.
Hopefully they will settle up with you quickly and you will be back on the road in no time.
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Get someone on your side legally.
Do take pictures of the bike and if possible, the site where the accident occurred, noting time and weather conditions etc.
Do not settle for the first offer.
You may have ongoing issues with the injury (hopefully not) but that needs to be a compensatory factor perhaps?
Good luck with your recovery.0 -
Also take pictures of your injuries. I assume the soft tissue injuries would look about at their worst now.0
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Thanks everyone for your wishes and advice. I think everyone is singing from the same song sheet. I have approached Leigh Day as that name seem to surface quite a bit. I've filled in their form and sent it back. Wait and see what happens next. I feel a new bike coming on! Once again thanks all.0
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It's now two and a half weeks since the accident. I'm still in a wheelchair unable to weight bear or walk on the injured leg and suffering pain in the fractured arm. I have instructed Leigh Day Solicitors to deal with the personal injury claim.
My question is what happens next and whats the sort of time frame involved?
I've decided to right off the frame regardless of what the insurance company may decide to do just to be on the safe side. It's only worth maybe £300 or so. When fit I will build up a new bike from the salvageable bits of the old one.0 -
Only bit of advice i would give is now say nothing on the interweb to damage your chances of a big payout. Keep all details to yourself until this is over.
Leave everything to the solicitors and take this time to rest up and plan your future bike.
Good luck and speedy recovery.0 -
Agree with that - do what your solicitors say, and ask them any questions about possible timeframes. It sounds like the driver has done some damage that wasn't immediately apparent because of the shock.
Hope you heal well.0 -
Sutton Rider, I do not want to discus my experiences on an open forum but if you want to take up my offer of a phone chat just send me a PM.0
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You should be able to deal with the property damage quite quickly and obtain an interim payment. Buying new bike stuff should be cathartic at least.
Push for "new" parts replacement costs - they will try to give you second hand parts values if bits of your bike are salvageable. This is a fundamentally different approach to repairing a car, where you get a new front wing, not the cost of a second hand one. So push back, hard, when this is inevitably put to you.
Personal injury will wait until there is a "final" medical report available. Could take months, or longer.
My overall process ran for over two years - or was it three? - largely because the insurers were waiting for the final report to confirm that my prognosis was a bad as it actually was.0 -
It's not going to be a quick process. But you're not going to be out riding any time soon.
Heal well.0 -
Just to add to this. I got knocked off about 6 years ago and they declined an interim payment as it was relatively low value, less than £500 as I recall. The personal injury was sugnificantly more and went on for over a year and Leigh Day were keen to go to court if the insurers didn't up the amount offered. This was after we'd rejected the initial offer and they'd come back with a second offer that was more appropriate. I took the second offer as the difference of going to court wasn't really that much and I felt it had dragged on long enough. But best case was we could have got another 10%, Leigh Day worded the acceptance in such a way we got an extra couple of % for minimal effort which was a win all round as far as I'm concerned.First.Aspect said:You should be able to deal with the property damage quite quickly and obtain an interim payment. Buying new bike stuff should be cathartic at least.
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Personal injury will wait until there is a "final" medical report available. Could take months, or longer.
My overall process ran for over two years - or was it three? - largely because the insurers were waiting for the final report to confirm that my prognosis was a bad as it actually was.
Good luck with everything.
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