Had a crash - what now?

Really disappointing to read about the accident and hope you are on the mend (but some very helpful advice given by posters). This struck a chord as it nearly happened to me on Tuesday. On training run through the next town along, with intent on getting to the hills, and driver in parked car opened his door without looking as I was just drawing level with the car. I managed to just swerve out the way and thankfully there was no-one overtaking me. Was there an apology - no!

What is going on?

Yes undoubtedly it is serious, as it can leave the victim badly injured.

I was just doubting whether police would actually follow it up, even if the OP wanted to press charges...(as per JSim72's experience, above). I reckon they'd want evidence from witnesses and ideally video before they'd do anything (and even them its unlikely based on the experience of other users of this forum).

Quote:

I'm not sure they would want/ be able to bring charges for the offence of opening a door carelessly, would they?

They can, it's actually quite a serious offence:
http://ukcyclerules.com/2011/01/18/the-laws-of-car-doors/
(or, put it this way, it's a serious offence if you open a car door and a passing bus smashes it to pieces, if it's "just" a cyclist, then the offender actually gets a pat on the back and no further action cos, hey, the cyclist probably wasn't wearing a helmet or hi-vis and doesn't pay road tax...sorry, got a bit ranty there...)

OP: have a read of this thread:
http://www.lfgss.com/thread4213.html

LFGSS (London Fixed Gear & Single Speed) forum had a "what to do in the event of an accident" topic that ran and ran. It's been tidied up a lot and closed but still there as a sticky and it's incredibly useful.

You don't need to go to a "no win, no fee" firm.

Just contact the guy's insurance company directly.

When I was hit by a car 5 years ago, I contacted the CTC and even though I wasn't a member, they let me join and passed me straight through to their legal partner company. Then it's a slow 2 years before you see any money while the insurance company drag their feet at every stage.

I only did it because the Police wouldn't take any action without witnesses. I just hope it is still costing the driver on his insurance

Hope you heal quickly Gristle!

Sounds horrible and i hope you recover soon

I guess the police's priority is cases where crimes have been committed which result in charges being pressed, i imagine you are just looking for a reference number from them for insurance purposes as the other posters on the thread have suggested. Unless she's uninsured, I'm not sure they would want/ be able to bring charges for the offence of opening a door carelessly, would they?

Ouch hope ur ok!

This happened to me twice last year.

First off make sure the police are informed and make sure you have stuff on paper from the hospital. Take pics of your bike.

Then call the other parties insurance firm if you have their details, if not call the other party and explain the damage.

Don't take anything they say on the chin though the woman that hit me last (500 quids worth of damage and a permanently torn acl, six months of intensive physio etc) said on the phone shed pay herself but then started saying its my fault and got nasty, them stopped returning my calls. So I called her insurance firm who were very helpful and got my bike fixed and knee rubbed in no time.

There really shouldn't be any need to get lawyers involved yet, insurance companies are there for this very reason (and to help satan).

The driver by law should have actually informed the police right away so they're a bit naughty if they didnT. When u speak to the police get a case reference number (they will ask u if u want to press charges probably too, that's up to u, whatever u do never insinuate ur at fault for anything, I got a caution for a car driving into me head on last year because I had concussion and kept apologising for the accident!)

U need the police ref for the insurance claim.

If the driver refuses to hand over his insurance info this is when you should contact either British cycling or one of the cycling law firms or charities to seek advice to move forward. CTC also have good info.

Ouch!

A no win no fee solicitor won't take up to 25% - they aren't allowed to take a portion of your damages. Instead, they will assess the claim and, if they think you have a good chance of winning, they take out insurance on your behalf which will pay the costs if you lose, and will pay the costs plus the laywer's success fee if you win. Any damages awarded are unaffected and you get the whole amount.

Once you've reported it, documented your injuries and any damage to property and other costs, and most importantly recovered a bit more than you have now, I'd strongly recommend getting a specialist solicitor involved. Insurance companies will be quick to give you a low-ball offer and try to persuade you that it is generous. A lawyer will help you navigate that. As mentioned above, the British Cycling lawyers are very good. If you aren't a BC member, drop me a direct message and I can recommend a firm I used when a car drove into me. They did an excellent job.

Get well soon!

Souns painful - hope you're recovering. Nothing to add other than what others have said really.

However, this has made me think that it would be a good idea to carry a little card with 'things to do in event of accident', probably along lines of:

call Police
Take photographs - location, directions of travel, road markings/hazards etc, damage
Obtain other party's details (name, address, reg no, ins co.)
Obtain witnesses & contact details
Record my version of events while fresh in my mind
Record injuries/damage

I'll try & think of others...

This is a really good reason to be a member of the CTC. I've been in your situation and have found them incredibly helpful.

Sorry this is not helping you right now, but might be a tip for the future.

Hope your injuries mend well and you get (at least) the cost of repairing your bike covered.

As above, get the police involved, make sure they take it seriously, go see a Doctor asap.

If you don't have insurance speak to a specialist no win no fee company - yes they take up to 25% but it will help cover any costs you have incurred, and there are companies out there for cyclists...

Then wait - these things take forever, I was in exactly this position about 6 weeks ago, I was taken away in an ambulance and the police got involved straight away but I am still waiting - nothing happens quickly.

keep all receipts for bus/taxis for journeys you would have cycled, prescription charges and get the bike checked out at your local bike shop, it may not be straight and may have hidden damage...

Are you a member of British Cycling / CTC etc.. if you are they provide legal cover as part of your Membership. First thing I would do would be contact them and follow their advice.

If not you can apoint legal representation but this will cost up front, there are cycle specific companies out there.

Or, phone the guy up, ask him for his insurance details and contact the insurance company directly in writing. They have mechanisms if you are prepared to deal with them directly.

Your call, but I would seek proper legal advice if I was you.

Report to police within 24 hours.
Owing to the presence of a motor vehicle on a road or other public place an accident occurs resulting in injury to anyone other than the driver of that motor vehicle police must be informed. Also opening your car door in a way to endanger others is an offence ( rule 105 of the road vehicle regulations ).
Secondly, document injuries at Drs surgery. They need to be recorded.
Then document the damages to your bike. Photos. Find out replacement value etc.

And finally, if you have your own insurance you should contact them. Pass details on. And wait. Failing that you have to bite the bullet and go to one of the Ambulance chasing firms of no win no fee.