Just been knocked off my bike!!

[[email protected]]

Hello

Ive just been knocked off my bike on the way home from work. A car
coming in the opposite direction was trying to make a right turn. I
ended up ploughing into the side of her car. Apart from a very sore
knee, I'm okay, although my bike will need a new front wheel and
possibly new forks. I have 3 witnesses who saw the accident and all
agree that she was totally to blame. Im obviously keen to get my bike
fixed as soon as possible although I'm a bit unsure about the correct
procedures to follow.

Any help from you guys that have had similar experiences would be much
appreciated.

Cheers
Jon

 

[naked_draughtsman]

On Mar 18, 8:08 pm, [email protected] wrote:
> Hello
>
> Ive just been knocked off my bike on the way home from work. A car
> coming in the opposite direction was trying to make a right turn. I
> ended up ploughing into the side of her car. Apart from a very sore
> knee, I'm okay, although my bike will need a new front wheel and
> possibly new forks. I have 3 witnesses who saw the accident and all
> agree that she was totally to blame. Im obviously keen to get my bike
> fixed as soon as possible although I'm a bit unsure about the correct
> procedures to follow.
>
> Any help from you guys that have had similar experiences would be much
> appreciated.

I'm probably not the best to advise but:

# report it to the police ASAP. They say any general complaints about
driving have to be made within 2 days although I'm not sure if it's
longer for a accident but don't expect much to happen for a while at
least.

# get checked out by your GP just in case there's something wrong. If
you landed on your knee it could hurt for a while and they may be able
to advise on some treatment or things to avoid doing.

# tell your insurance company ASAP if you're going to be making a
claim. I dithered about this thinking the police would charge the
driver and missed the deadline for the insurance claim (30 days ish).
If you're not claiming think about how you want to pursue the matter
as the police will probably tell you it's a civil dispute and you'll
have to sort it out in court yourself.

# get well soon and don't let it put you off riding!

peter

 

[Jonathan Schneider]

[email protected] writes:

> Any help from you guys that have had similar experiences would be much
> appreciated.

The police should have been notified if there is any injury.

I am still clearing up the mess from a taxi that knocked me off March
last year. So a year has passed even with the other side admitting
liability. Lots and lots of paperwork and a medical exam. In theory
the next thing to happen is the other side suggest an amount.

I used the legal beagles Irwin Mitchell attached to my home insurance
with Norwich Union. This does NOT count as a claim. Check your house
insurance.

Make sure you talk to witnesses and collect lots of information while
it is fresh in your mind.

Talk to a professional. Steer clear of ambulance-chasing
moneygrabbers4you type organisations.

Jon

 

[iarocu]

On 18 Mar, 20:24, Jonathan Schneider
>
> The police should have been notified if there is any injury.

Yes. Whether or not you report the accident to the police the driver
is required to report it if he or she is aware you were injured
(Unless at the time of the accident you were given the drivers
insurance details.) There is no requirement for a cyclist to report
an accident.

http://www.cyclecraft.co.uk/digest/rta170.html

Some drivers are not aware of the requirement to report an injury
accident even if they have stopped and swapped names and addresses
etc. so it may be worth you reporting it so that at least the police
will hopefully contact the other driver and ensurehe or she was
licensed and insured etc.

Whether or not the police taken any further action might depend on
various factors. How bad your injury is. The attitude of the cop you
deal with. Local force policies. CPS policy (PF in Scotland) And to a
certain extent how hard you push things.

At the end of the day whether the driver is charged or not does not
stop your civil claim for damages.

Iain

 

[Martin Dann]

[email protected] wrote:
> Hello

> I'm okay, although my bike will need a new front wheel and
> possibly new forks. I have 3 witnesses who saw the accident and all
> agree that she was totally to blame. Im obviously keen to get my bike
> fixed as soon as possible although I'm a bit unsure about the correct
> procedures to follow.

Take you bike to your LBS, and get them to check the frame. An impact
that has damaged your front wheel and forks, could have also cracked the
frame, which would mean that the frame needs replacing.

Depending upon the value, age and how well maintained your bike is, it
might not be worth repairing it, and just getting a new bike.
(Especially for cheaper bikes)

> Any help from you guys that have had similar experiences would be much
> appreciated.

Don't use the no-win no-fee solicitors, when I broke my arm about seven
years ago, they would come up to me in the street, and beg to represent
me. After spinning me along for a year, they realised that there was no
profit for them (hit and run), so the dropped my case.

Also write down what happened, write down what your injuries are,
photograph them, esp. if you have a lovely bruise. Document everything,
and keep all receipts for out of pocket expenses.

Martin.

 

[Pete Biggs]

[email protected] wrote:
> Hello
>
> Ive just been knocked off my bike on the way home from work. A car
> coming in the opposite direction was trying to make a right turn. I
> ended up ploughing into the side of her car. Apart from a very sore
> knee, I'm okay, although my bike will need a new front wheel and
> possibly new forks. I have 3 witnesses who saw the accident and all
> agree that she was totally to blame. Im obviously keen to get my bike
> fixed as soon as possible although I'm a bit unsure about the correct
> procedures to follow.
>
> Any help from you guys that have had similar experiences would be much
> appreciated.

You can claim expenses for fixing the bike and using alternative transport,
plus compenastion for injury and suffering, from the driver, or directly
from the driver's insurance company (if they were insured).

I solictor will advise, and also track down the driver's insurance details
if you don't have them.

Photograph any visible injuries and see your GP to get a formal record of
the injuries.

~PB

 

[JNugent]

naked_draughtsman wrote:
> On Mar 18, 8:08 pm, [email protected] wrote:
>> Hello
>>
>> Ive just been knocked off my bike on the way home from work. A car
>> coming in the opposite direction was trying to make a right turn. I
>> ended up ploughing into the side of her car. Apart from a very sore
>> knee, I'm okay, although my bike will need a new front wheel and
>> possibly new forks. I have 3 witnesses who saw the accident and all
>> agree that she was totally to blame. Im obviously keen to get my bike
>> fixed as soon as possible although I'm a bit unsure about the correct
>> procedures to follow.
>>
>> Any help from you guys that have had similar experiences would be much
>> appreciated.
>
> I'm probably not the best to advise but:
>
> # report it to the police ASAP. They say any general complaints about
> driving have to be made within 2 days although I'm not sure if it's
> longer for a accident but don't expect much to happen for a while at
> least.

Traffic accidents which cause injury *must* be reported to the police.

 

[Cheeky]

On Tue, 18 Mar 2008 20:59:26 GMT, Martin Dann <[email protected]>
wrote:

>[email protected] wrote:
>> Hello
>
>> I'm okay, although my bike will need a new front wheel and
>> possibly new forks. I have 3 witnesses who saw the accident and all
>> agree that she was totally to blame. Im obviously keen to get my bike
>> fixed as soon as possible although I'm a bit unsure about the correct
>> procedures to follow.
>
>Take you bike to your LBS, and get them to check the frame. An impact
>that has damaged your front wheel and forks, could have also cracked the
>frame, which would mean that the frame needs replacing.

Very good advice. My LBS spotted several cracks in the frame of mine
as soon as I took it in. The guy who helped me also said that any bike
that has been involved in a significant impact could have suffered
invisible structural damage to the frame and he would be minded to
write it off. They'll provide you with the report you will need to
make a claim.

Good luck!

 

[Paul Rudin]

JNugent <[email protected]> writes:

> naked_draughtsman wrote:
>> On Mar 18, 8:08 pm, [email protected] wrote:
>>> Hello
>>>
>>> Ive just been knocked off my bike on the way home from work. A car
>>> coming in the opposite direction was trying to make a right turn. I
>>> ended up ploughing into the side of her car. Apart from a very sore
>>> knee, I'm okay, although my bike will need a new front wheel and
>>> possibly new forks. I have 3 witnesses who saw the accident and all
>>> agree that she was totally to blame. Im obviously keen to get my bike
>>> fixed as soon as possible although I'm a bit unsure about the correct
>>> procedures to follow.
>>>
>>> Any help from you guys that have had similar experiences would be much
>>> appreciated.
>>
>> I'm probably not the best to advise but:
>>
>> # report it to the police ASAP. They say any general complaints about
>> driving have to be made within 2 days although I'm not sure if it's
>> longer for a accident but don't expect much to happen for a while at
>> least.
>
> Traffic accidents which cause injury *must* be reported to the police.

True for incidents involving a motor vehicle - in which case the
requirement to make such a report is on the driver of the motor vehicle.

 

[bugbear]

[email protected] wrote:
> Hello
>
> Ive just been knocked off my bike on the way home from work. A car
> coming in the opposite direction was trying to make a right turn. I
> ended up ploughing into the side of her car. Apart from a very sore
> knee, I'm okay, although my bike will need a new front wheel and
> possibly new forks. I have 3 witnesses who saw the accident and all
> agree that she was totally to blame. Im obviously keen to get my bike
> fixed as soon as possible although I'm a bit unsure about the correct
> procedures to follow.
>
> Any help from you guys that have had similar experiences would be much
> appreciated.

Check your FRAME.

I had a (very) similar encounter, a long time ago.

I claimed for torn clothing and front wheel, brakes.

Since my bike is "decent" (i.e. normal for posters here,
I suspect) I had to get my LBS to substantiate that bike
parts could really be THAT expensive ;-)

But a year later, some rust on my down tube revealed
that the head on crash (into his passenger door) had slightly
crunched my frame, which I hadn't claimed for...

BugBear

 

[Richard Thrippleton]

[email protected] wrote:
> Hello
>
> Ive just been knocked off my bike on the way home from work. A car
> coming in the opposite direction was trying to make a right turn. I
> ended up ploughing into the side of her car. Apart from a very sore
> knee, I'm okay, although my bike will need a new front wheel and
> possibly new forks. I have 3 witnesses who saw the accident and all
> agree that she was totally to blame. Im obviously keen to get my bike
> fixed as soon as possible although I'm a bit unsure about the
> correct procedures to follow.
>
> Any help from you guys that have had similar experiences would be
> much appreciated.
Wow, this made for spooky reading! Had an almost identical incident just
a few days ago, no question of liability, witnesses (and in fact the
driver corroborating my statement to the police). I'll second what
others have said - check your frame as well, where it meets the
headtube. Took me a second glance to notice the same issue on my own
bike after the collision. The car wasn't in a great state either ... my
elbow had smashed the windscreen before I bounced off onto the road.

With photographs of damage available, and a fully itemised repair bill
just under £240, I'm hoping the driver's insurance company won't give me
much in the way of hassle.

Richard

 

[iarocu]

On 18 Mar, 21:03, JNugent <[email protected]> wrote:
> naked_draughtsman wrote:
> > On Mar 18, 8:08 pm, [email protected] wrote:
> >> Hello
>
> >> Ive just been knocked off my bike on the way home from work. A car
> >> coming in the opposite direction was trying to make a right turn. I
> >> ended up ploughing into the side of her car. Apart from a very sore
> >> knee, I'm okay, although my bike will need a new front wheel and
> >> possibly new forks. I have 3 witnesses who saw the accident and all
> >> agree that she was totally to blame. Im obviously keen to get my bike
> >> fixed as soon as possible although I'm a bit unsure about the correct
> >> procedures to follow.
>
> >> Any help from you guys that have had similar experiences would be much
> >> appreciated.
>
> > I'm probably not the best to advise but:
>
> > # report it to the police ASAP. They say any general complaints about
> > driving have to be made within 2 days although I'm not sure if it's
> > longer for a accident but don't expect much to happen for a while at
> > least.
>
> Traffic accidents which cause injury *must* be reported to the police.

... Unless the driver stops, and provides his name and address AND
shows him his insurance certificate.

 

[Steve Walford]

On Tue, 18 Mar 2008 13:08:33 -0700 (PDT), [email protected]
wrote:

>Hello
>
>Ive just been knocked off my bike on the way home from work. A car
>coming in the opposite direction was trying to make a right turn. I
>ended up ploughing into the side of her car. Apart from a very sore
>knee, I'm okay, although my bike will need a new front wheel and
>possibly new forks. I have 3 witnesses who saw the accident and all
>agree that she was totally to blame. Im obviously keen to get my bike
>fixed as soon as possible although I'm a bit unsure about the correct
>procedures to follow.
>
>Any help from you guys that have had similar experiences would be much
>appreciated.
>
>Cheers
>Jon

Two choices you can either pursue the claim yourself or employ someone
else (solicitor etc)
Working for a local authority I used to pursue third party claims,
this is now done by the insurance company. Our sucess rate was better
than the insurance company
If you decide to pursue yourself you need to write to the driver
holding them responsible for the accident and the damages / injuries
and advising them to pass the letter on to their insurers.
As the third party you have no contract with the person causing the
accidents insurers, the person who caused the accident has a contract
with their insurance company. If you need to sue you sue the driver,
trust me we went there.
You need to detail what you want, you can claim for the following
Pain and suffering
Prescription charges / non prescription medication
Damaged clothing, don't be greedy if you trousers are two years old
and replacements cost £50 claim 50%. Show this in your letter
Loss of wages, beware if your employer pays you whilst off sick they
can claim this back from you, mine claimed 50%
Damage to your bicycle
Cost of any estimate
Costs associated with getting the bike to the LBS for an estimate

Reasonable expenses
ie cost of travelling to work etc
However if you are claiming say £500 for injury and repairs to your
bike, it would not be reasonable to claim an additional £1,000 for
travelling expenses

You have to mitigate your loss

Depending on your injuries the third parties insurers may try and
settle quickly, be careful. When you settle you will be required to
sign that the compensation is in full and final settlement. You cannot
go back for more

I have a work colleague as a teenager he suffered whiplash when a car
ran into the back of his, short of cash he settled quickly. He now
suffers permanent neck pain and some days cannot twist his neck.


A good solicitor may advise part settling the damage part of the claim
and waiting at least 2 years before settling the personal injury side

Alternatively get someone else to pursue the claim, there is
satisfation in doing it yourself

Good luck and let us know how you get on

 

[Pete Biggs]

Steve Walford wrote:

> As the third party you have no contract with the person causing the
> accidents insurers, the person who caused the accident has a contract
> with their insurance company. If you need to sue you sue the driver,
> trust me we went there.

You can sue the driver.

Alternatively you can claim direct from the drivers insurance company - by
writing direct to them. (You do not need a contract with them). A
relative of mine did this sucessfully, with the help of a barrister friend
specialising in personal injury - who advised that this was the best option.
Why the myth persists that this is not an option, I do not understand.
I and others have mentioned it several times in this newsgroup before
anyway.

~PB

 

[Lord Turkey Cough]

<[email protected]> wrote in message
news:c271a6bc-6b0b-4324-8e3d-fc9561636264@d21g2000prf.googlegroups.com...
> Hello
>
> Ive just been knocked off my bike on the way home from work. A car
> coming in the opposite direction was trying to make a right turn. I
> ended up ploughing into the side of her car. Apart from a very sore
> knee, I'm okay, although my bike will need a new front wheel and
> possibly new forks. I have 3 witnesses who saw the accident and all
> agree that she was totally to blame. Im obviously keen to get my bike
> fixed as soon as possible although I'm a bit unsure about the correct
> procedures to follow.
>
> Any help from you guys that have had similar experiences would be much
> appreciated.

Take it to a bicycle repair shop.

>
> Cheers
> Jon
>

 

[Steve Walford]

On Thu, 20 Mar 2008 21:26:55 -0000, "Pete Biggs"
<[email protected]> wrote:

>Steve Walford wrote:
>
>> As the third party you have no contract with the person causing the
>> accidents insurers, the person who caused the accident has a contract
>> with their insurance company. If you need to sue you sue the driver,
>> trust me we went there.
>
>You can sue the driver.
>
>Alternatively you can claim direct from the drivers insurance company - by
>writing direct to them. (You do not need a contract with them). A
>relative of mine did this sucessfully, with the help of a barrister friend
>specialising in personal injury - who advised that this was the best option.
> Why the myth persists that this is not an option, I do not understand.
>I and others have mentioned it several times in this newsgroup before
>anyway.
>
I beg to differ, well documented not a myth your claim is against the
person, they pass the claim to their insurers and they deal with it
from that point

See the following
http://news.bbc.co.uk/1/hi/england/1924968.stm
Railtrack has issued a High Court writ for nearly £11m in compensation
against the driver who caused the Selby train crash.

Or are you saying Railtrack and their team of barristers got it wrong
maybe the barrister friend should be advising Railtrack

Article goes on to say
A Railtrack spokesman said the writ had been served in Mr Hart's name
but the claim - for damage and lost business due to his negligence -
would be settled between insurance companies.

"A claim is commenced in the United Kingdom when your road accident
solicitor sends what is known as a "letter of claim" to the driver
responsible."

Recent cases where the third party has refused to inform their
insurers, the insurance companies have refused to deal with the claims

Anyway lifes to short to fall out
I have my opinion you have yours
At least Jon has received good sound advice, the choice what to do is
his

All the best


Steve

 

[Pete Biggs]

Steve Walford wrote:

>> Alternatively you can claim direct from the drivers insurance
>> company - by writing direct to them. (You do not need a contract
>> with them). A relative of mine did this sucessfully, with the help
>> of a barrister friend specialising in personal injury - who advised
>> that this was the best option. Why the myth persists that this is
>> not an option, I do not understand.
>> I and others have mentioned it several times in this newsgroup before
>> anyway.
>>
> I beg to differ, well documented not a myth your claim is against the
> person, they pass the claim to their insurers and they deal with it
> from that point

When a cyclist (or any road user) is claiming expenses and compensation for
personal injury involving a motor vehicle on the public road, they can claim
directly from the driver's insurance company. This may not have always been
true, but it has been for some years. It is enabled in law.

Please don't perpetuate the myth yet again that you cannot do this. I know
for certain that that you can. The case I mentioned invloved a relative of
mine and I saw all the documentation and helped with it. We were advised by
a lawyer specialising in this field.

Note that I'm not taking about suing, I'm talking about claiming, ie.
writing and asking for money. Insurance companies do pay out when you ask
them for money when the evidence is clear and convincing enough. They may
try and haggle the amount down, but you should get what you ask for if the
amount is fairly based on case history.

> See the following
>
> http://news.bbc.co.uk/1/hi/england/1924968.stm
> Railtrack has issued a High Court writ for nearly £11m in compensation
> against the driver who caused the Selby train crash.
>
> Or are you saying Railtrack and their team of barristers got it wrong
> maybe the barrister friend should be advising Railtrack

There is obviously more than one way of pursuing these matters and some may
be more appropriate for certain cases than others, or not available for some
cases.

The Railtrack case is about a writ. I'm not talking about writs.

If you don't believe me you will find other cases mentioned on this
newsgroup before.

> I have my opinion you have yours

It's not an opinion. It is fact that a cyclist can claim directly from the
driver's insurance company without communicating with the driver.

"A road user, be they a driver, pedestrian, motorcyclist or cyclist can
claim if the collision was not their fault and your personal injury
compensation claim would be made against the insurance company of the person
driving the vehicle; which collided with you."

"If you have been injured or your property has been damaged by an uninsured
or untraced driver, you may still be able to make a claim for compensation
via a body funded by a surcharge on insurance premiums known as the Motor
Insurers' Bureau or MIB."

-
www.roadsidelawyer.co.uk/advice/claiming-compensation-for-an-injury-in-a-road-accident

~PB

 

[Nick]

Cheeky wrote:
> On Tue, 18 Mar 2008 20:59:26 GMT, Martin Dann <[email protected]>
> wrote:
>
>> [email protected] wrote:
>>> Hello
>>> I'm okay, although my bike will need a new front wheel and
>>> possibly new forks. I have 3 witnesses who saw the accident and all
>>> agree that she was totally to blame. Im obviously keen to get my bike
>>> fixed as soon as possible although I'm a bit unsure about the correct
>>> procedures to follow.
>> Take you bike to your LBS, and get them to check the frame. An impact
>> that has damaged your front wheel and forks, could have also cracked the
>> frame, which would mean that the frame needs replacing.
>
> Very good advice. My LBS spotted several cracks in the frame of mine
> as soon as I took it in. The guy who helped me also said that any bike
> that has been involved in a significant impact could have suffered
> invisible structural damage to the frame and he would be minded to
> write it off. They'll provide you with the report you will need to
> make a claim.
>
> Good luck!

Yep.

I dunno about aluminium frames but on the old steel frames you could
spot frame damage by the presence of a ripple/flaking paint across the
underside of the down tube close to the join with the head tube.

 

[Pete Biggs]

Steve Walford wrote:

> http://news.bbc.co.uk/1/hi/england/1924968.stm
> Railtrack has issued a High Court writ for nearly £11m in compensation
> against the driver who caused the Selby train crash.

That's about a car driver causing a train crash. We're talking about a car
driver causing a damage to a road user. There are specific laws and
procedures for road users.

I don't know or care about law and procedure involving trains right now.

~PB