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Accident advice

Hi all,

 

I am looking for some advice. Last Thursday I was involved in an accident with a car whilst on my bike. I was commuting home from work and when a car pulled out of a junction moments before I arrived at the same junction and subsequently hit the car.

 

As expected my bike frame snapped into two and I was taken away buy an ambulance as I was kinda out of it. The police were there after the accident as they returned the bits of my bike to my partner at home and although I remember speaking to them (i think it was the police) I dont really remember in what context we spoke or what we spoke of.

 

I know the driver stopped at the scene as well from the report the police made to my partner. My concern now is that I dont know if I should contact them or will the contact me?

As it stands the bike is a write off as it was carbon fibre and is now a fold up bike, I am recovering with broken thumbs/fingers and lots of bruising to my chest/ ribs and legs but otherwise I am up and about.

The details are very hazy and the only reason I am sure of my speed is that was the last recorded speed on my Garmin 1000.

Having never been in this siutation before .....

Anyone been here before? that can give me some guidance on what happens next?

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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18 comments

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niteslave | 6 years ago
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Hi all,

 

Just thought I would pop back and give you all an update of how things are going.

Well I was offered a settlement by his insurance but politely declined it as they were trying to hold me 20% to blame due to my speed (less than the speed limit) on a road where this is absolutely no doubt that I had right of way. I am now waiting to hear back from the solicitors that were provided by BC. I see some are talking about the police report above, I have applied for mine and it cost £10.00 also did the same with the Ambulance service as they have photographic evidence, this also costme 10 quid.  Waiting on it all but it is useful to know, again a lot of it is for closure as the case was closed.

Me, well my thumbs are not work like I would really love them to however I have been back on my spare bike for a little over 2 weeks and although exceedingly nervous when it comes to the main road and inparticular that junction I am getting there.

 

Once this is all over I will (within legal allowances) publish as much as I can to help anyone else out that finds themselves in this situation.

 

In the mean time thanks for all the advice and safe riding out there.

 

Oh one more thing, be weary what you post of the net, insurance companies try to use this against you. Alas nothing I did was either dangerous or against the law / Road bylaws...

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fenix | 7 years ago
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For the time being - write down everytthing you can about the accident and tally the damage with photos of the clothing bike and helmet etc.

Photograph your bruises and injuries.

 

Make contact with BC - you seem to have some kind of membership ?

 

Failing that - go with Bikeline.

 

I'd not consider doing it myself. The other insurance company isnt there to pay you your fair share. 

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kamoshika | 7 years ago
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Might not be of help in this case, but for anyone else reading, situations like this are exactly why I wouldn't be without British Cycling membership (or another organisation that offers similar cover). I was invovled in a similar incident a few years ago, when a driver pulled out on me on a roundabout, resulting in a broken ankle. I called the BC accident helpline the next day and had a legal advisor on the case for me pretty much straight away. They did a great job, offered really useful advice (most of which has been covered by others above) and even went as far as claiming back for my employer the sick pay I'd been receiving while I was signed off work for a few weeks. They dealt with all the to-ing and fro-ing with the drivers insurers, so I didn't have to. Well worth the cost of membership.

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dottigirl | 7 years ago
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You've contacted BC, yes? They should be able to advise what exactly to do. Race Gold, Race Silver and Ride membership has legal cover. And in some circumstances, they can even give you advice if your membership isn't current. https://www.britishcycling.org.uk/legalsupport#CHk1qP2BGeRoGxrD.99

 

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Griff500 | 7 years ago
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Glad to hear you are up and about.

Never been there myself, but I believe number one priority is to get a copy of the police report, which will help with any claim you make. The police should also have details of the other party, and as he seems to be keeping a low profile not having contacted you, your best way of finding him might be through the police.  Also, if there are any other witnesses, the police should have their details. 

Oh, and beware of a driver who admits liability verbally at the scene. It is very common for the guilty party to change his story after going away and thinking about it! A few years back a driver admitted driving into the back of my mother in law at a junction. A few weeks later the message came back via insurance companies that he claimed she rolled back into him despite the extent of damage to her car being inconsistent with rolling back on the gentle incline.

 

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aje replied to Griff500 | 7 years ago
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Griff500 wrote:

Glad to hear you are up and about.

Never been there myself, but I believe number one priority is to get a copy of the police report, which will help with any claim you make. The police should also have details of the other party, and as he seems to be keeping a low profile not having contacted you, your best way of finding him might be through the police.  Also, if there are any other witnesses, the police should have their details...

 

 

A whopping £91.80 for a copy of the Police report and witness statements around my way, and it won't be released until the Police have completed their investigations (and prosecution of driver in my case). If you do deal only with insurers perhaps they will send you their copy?! Coincidentally I have made an attempt to get hold of mine via a FOI request for a tenner as I am keen to know what people witnessed from a diffferent angle (closure and all that) – still waiting on the request.

The Police should have given you a case number by now, you will likely need that.

 

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aje | 7 years ago
1 like

Another thing I realise I should have mentioned is concussion. You say you were 'out of it' but don't mention any helmet damage. I was also out of it (although awake), and with a cracked helmet. Regrettably you need to consider your drving licence (assumption). I came clean with DVLA after reading their medical issues guidance, they suggested I surrender my licence which I did much to the chagrin of Mrs aje. It was gone for a few months while DVLA made medical investigations. I am hoping this has some compensatory value as it was very disruptive. If you settle with the insurers too soon this kind of thing will probably not be included.

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aje | 7 years ago
1 like

HI Niteslave,

I was in your shoes December 2015, similar incident – commuting at 26mph into a Land Rover out of side road. No memory at all of the rest of the day but undeniable helmet camera footage. Some bone breakages and some brain issues.  It quickly became apparent that the vehicle insurers had no intention of playing fair, offering me a second hand Spesh Roubaix from ebay in Glasgow (not East Anglia). So now (and probably inevitably)  I have a legal case funded by my home insurance Legal Expenses cover ( have you got this?) , nothing is settled physically or bike-wise yet as I am still waiting for further medical legal examinations. I was also up and about quite quickly, confident of riding it off. Two months later I developed tinnitus, 15 months later I still limp.

 

My advice.

Be very wary of the insurers when they ask you to make contact. Record your call if you do speak to them. They are not there to compensate you. I repeat, they are not there to compensate you.

Keep a frequent pain diary, you will not remember what happened in a few months time.

Photograph your injuries as the bruises develop.

Assume at all times that the 'experts' in the case will let you down.

The insurers will likely offer rehabilitation, if you are not taking legal advice, and they are paying then it is wise to consider it as the courts smile on this, but beware they also use it for information gathering to fashion a defence case. In my opinion tethered physiotherapists play down the impact of injuries.

If you go legal, be prepared for the long haul. It is an industry.

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drosco replied to aje | 7 years ago
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aje wrote:

HI Niteslave,

I was in your shoes December 2015, similar incident – commuting at 26mph into a Land Rover out of side road. No memory at all of the rest of the day but undinable helmet camera footage. Some bone breakages and some brain issues.  It quickly became apparent that the vehicle insurers had no intention of playing fair, offering me a second hand Spesh Roubaix from ebay in Glasgow (not East Anglia). So now (and probably inevitably)  I have a legal case funded by my home insurance Legal Expenses cover ( have you got this?) , nothing is settled physically or bike-wise yet as I am still waiting for further medical legal examinations. I was also up and about quite quickly, confident of riding it off. Two months later I developed tinnitus, 15 months later I still limp.

 

My advice.

Be very wary of the insurers when they ask you to make contact. Record your call if you do speak to them. They are not there to compensate you. I repeat, they are not there to compensate you.

Keep a frequent pain diary, you will not remember what happened in a few months time.

Photograph your injuries as the bruises develop.

Assume at all times that the experts in the case will let you down.

The insurers will likely offer rehabilitation, if you are not taking legal advice, and they are paying then it is wise to consider it as the courts smile on this, but beware they also use it for information gathering to fashion a defence case. In my opinion tethered physiotherapists play down the impact of injuries.

If you go legal, be prepared for the long haul. It is an industry.

 

Agreed on the diary. You cannot have too much information. 

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Mungecrundle | 7 years ago
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Wanted to bounce this as I know there is some good advice from others on this forum.

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ConcordeCX | 7 years ago
2 likes

It can't do you any harm to contact the police, get the incident number and the details from them of the other driver('s insurance), and contact your own insurance, household if that's all you have, to let them know what happened and that they will need to be in touch with the driver's insurance about it.

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Mungecrundle | 7 years ago
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Rest assured, someone who knows what they are talking about (i.e not me) will be along soon.

In the meantime, and assuming you are not held to be at sole fault, you should be able to claim for all damage and incidental expenses. Start keeping receipts.

Hope you fully recover as soon as possible.

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niteslave replied to Mungecrundle | 7 years ago
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Mungecrundle wrote:

Rest assured, someone who knows what they are talking about (i.e not me) will be along soon. In the meantime, and assuming you are not held to be at sole fault, you should be able to claim for all damage and incidental expenses. Start keeping receipts. Hope you fully recover as soon as possible.

 

Thanks for the response. Based on what I know already the driver has already admitted he was in the wrong at the scene (another hazy memory), I had right of way as he was entering the intersection from a stop sign, I have a flashing 5000 lumen light on the front of my bike and well above the required amount of reflective gear on a road that I travel twice a day.  Still things have a way of being turned around. Time will tell I guess.

thanks for all your answers and concern. I dont think there will be any long lasting damage to me.

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drosco | 7 years ago
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I was doored not long ago and ended up in the back of an ambulance and a written off bike. In my case, the insurer of the driver admitted liability and offered to cover the cost of the bike and a new helmet. If however you are injured and want to claim for that, best go through a specialist claims advisor. You'll find some especially for cyclists, who'll deal with everything, for a cut of course.

Get well soon.

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niteslave replied to drosco | 7 years ago
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drosco wrote:

I was doored not long ago and ended up in the back of an ambulance and a written off bike. In my case, the insurer of the driver admitted liability and offered to cover the cost of the bike and a new helmet. If however you are injured and want to claim for that, best go through a specialist claims advisor. You'll find some especially for cyclists, who'll deal with everything, for a cut of course. Get well soon.

 

Just to clarify on that, was that limit of the cost to you? In my case there was cycling gear destroyed and a Garmin Computer damaged (although not broken). There is also the case of I cycle 25 miles a day to and from work as I dont drive. Does this mean I have to foot the bill for the public transport which is generally not cheap myself?

Not sure on the full circumstances of your case and any further impacts on you. Hope you recovered well?

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drosco replied to niteslave | 7 years ago
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niteslave wrote:

drosco wrote:

I was doored not long ago and ended up in the back of an ambulance and a written off bike. In my case, the insurer of the driver admitted liability and offered to cover the cost of the bike and a new helmet. If however you are injured and want to claim for that, best go through a specialist claims advisor. You'll find some especially for cyclists, who'll deal with everything, for a cut of course. Get well soon.

 

Just to clarify on that, was that limit of the cost to you? In my case there was cycling gear destroyed and a Garmin Computer damaged (although not broken). There is also the case of I cycle 25 miles a day to and from work as I dont drive. Does this mean I have to foot the bill for the public transport which is generally not cheap myself?

Not sure on the full circumstances of your case and any further impacts on you. Hope you recovered well?

You should be able to claim for everything, including travel if it's not your fault.

I went with a crowd called bikeline, but there are many. They can advise best I think.

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StraelGuy | 7 years ago
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Are you a member of any groups or organisations that offer legal advice, British Cycling for example? Glad to hear you're up and about by the way, sounds nasty.

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niteslave replied to StraelGuy | 7 years ago
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guyrwood wrote:

Are you a member of any groups or organisations that offer legal advice, British Cycling for example? Glad to hear you're up and about by the way, sounds nasty.

I am a free member of BC but have never bothered to get a subscription through them. Although there is tonnes of advice on the net none of them mention the police and all make the assumption you were up and about afterwards. So swapped details and so on.

 

 

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