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Hit by a car, the driver is responsible. What to do?

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  • August 8, 2014 at 12:43 pm #22100
    ronnyjowe

    I’m sorry if there is a default post for this …

    I got hit by a car this morning. Nothing serious; bruises cuts and a headache/stiff neck. A+E discharged me.

    I was in the cycle lane, car was turning into a drive. Driver didn’t check their mirror and pulled straight into me whilst i was cycling alongside it.

    Police were driving by and stopped. Driver admitted they didn’t look and were in the wrong.

    Also, super kind eye-witness came up and gave me and the police his number and accounted for the fact the driver pulled into me / was in the wrong.

    Took pictures of where the car hit me.

    I’m waiting to get the drivers’ insurance details from the police.

    The driver has been in contact with me to try and arrange it outside of the insurance company and I don’t know what to do / how to respond.

    With regards to the bike: bent wheels, bent forks, bent front+bank derailleurs, bent handlebars

    If anyone has any advice on how to proceed, I would really appreciate it.

    This is in the UK.

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Viewing 15 replies - 1 through 15 (of 35 total)
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  • April 16, 2015 at 9:32 am #808413
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    LarryDavidJr

    Leodis wrote:(plus I

    Leodis wrote:
    (plus I recovered the old wheelset and flogged them)

    Errr … they were replaced after an accident and then you flogged the accident damaged wheels to someone else? I’m hoping I’ve misunderstood this.

    April 11, 2015 at 8:16 am #808411
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    Ants

    I requested and received the
    I requested and received the interim payout for damage to bike and clothing etc within a couple of months (less depreciation for clothing) but am still in the process of the injury claim (since August). It is worth asking for this amount as if they are accepting responsibility there is no reason for them to withhold payment. If you wait for the payment for injuries and damage as one payment you could be without a bike for a long while. Your solicitor should advise but worth asking for the bike repair or replacement cost now.

    April 10, 2015 at 7:07 pm #808409
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    dotdash

    ronnyjowe wrote:
    To summarise

    ronnyjowe wrote:

    To summarise the above thread for anyone who comes looking:

    Wait to see if any symptoms appear before you make any rash decisions (whiplash came within 48 hours, my knee didn’t come to light until i started running…as i had no bike or money for a bike) I was injured more than I was aware of at the time it happened.

    Getting compensation is a seriously long and frustrating process…haven’t yet found out if it’s worth it or not…I’ll post a final update once i find out…

    CANNOT WAIT TO GET BACK ON A BIKE. ~X(

    Could you look into getting a rental bike and billing them for it? After all if this was a car you would be after a hire car whilst yours is off the road.

    April 10, 2015 at 1:09 pm #808407
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    Leodis

    Take it easy.
    I settled
    Take it easy.

    I settled outside of insurance because I was uninjured.

    April 10, 2015 at 12:49 pm #808405
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    Bikebikebike

    Strength, comrade.
    Strength, comrade.

    April 10, 2015 at 11:15 am #808403
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    ronnyjowe

    Quiet morning in work so I
    Quiet morning in work so I thought I would come back to this to inform anyone who comes to the forum with a similar problem in the future.

    Still have no bike.

    Did have whiplash and a problem with my knee which I have been through physio for. Finally allowed back into the gym after deep tissue massage on neck and knee along with daily exercises.

    Have no idea when the settlement will come through, hopefully in time for the summer so I can get out on a bloody bike again.

    To summarise the above thread for anyone who comes looking:

    Wait to see if any symptoms appear before you make any rash decisions (whiplash came within 48 hours, my knee didn’t come to light until i started running…as i had no bike or money for a bike) I was injured more than I was aware of at the time it happened.

    Getting compensation is a seriously long and frustrating process…haven’t yet found out if it’s worth it or not…I’ll post a final update once i find out…

    CANNOT WAIT TO GET BACK ON A BIKE. ~X(

    December 27, 2014 at 6:56 pm #808401
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    Alfie78

    It’s a bad idea to solve the
    It’s a bad idea to solve the issue outside. Just don’t arrange it outside of the insurance company. Agree with jacknorell, I’ve also heard about SlaterGordon.

    September 4, 2014 at 1:47 pm #808399
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    Leodis

    I got knocked off last year,
    I got knocked off last year, took said new bike to LBS who quoted £592 for new wheelset, pedals and fitting, sent said quote with added extras like bus passes needed and taxi’s to and from LBS to driver who then coughed up £652 within 3 days.

    I wasnt injured so I had nothing to claim against except expenses and damage.

    I would recommend getting a medical record, I called the ambulance and police at the scene and I got a call from the driver a few hours after asking if I would go down the private route, seemed a lot quicker and I got my bike back within a week or so (plus I recovered the old wheelset and flogged them)

    September 4, 2014 at 12:05 am #808397
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    Redvee

    As others have stated don’t
    As others have stated don’t settle quickly just based on bike damage alone. You have been injured and the full extent of the injuries can take a while to be seen.

    Keep a note and all receipts for anything relating to getting you and your bike back to how things were before the accident. This can include costs for written quotes for damage repairs, travel expenses if your bike was used for commuting on, any other journeys you had to pay for that you used the bike previously for. A solicitor specialising in cycle accidents will advise you much better than what we tell you here.
    My payout from an accident consisted of 75% for injuries and 25% for damage and took a year to settle through insurance and the other driver tried all sorts to put the blame on myself.

    September 3, 2014 at 3:26 pm #808395
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    DrJDog

    Before anyone goes down the
    Before anyone goes down the road of claiming PI for whiplash, they should be aware that insurance companies will subsequently attempt to exclude any back related claims from any insurance you may hold – income protection or the like.

    September 3, 2014 at 9:36 am #808393
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    Ants

    I missed this discussion
    I missed this discussion earlier as I was in the same predicament as you and with advice from here and elsewhere came to the same conclusion. My bike wasn’t too badly damaged but 4 weeks on and I am still in pain so accepting a payout for just damage to the bike from the driver would have been the wrong thing to do. Solicitors are now on the case and the driver’s insurer has accepted liability thanks to witness statements and my own camera footage I guess.
    Hope your recovery goes well and you are back on the road soon.

    September 3, 2014 at 9:22 am #808391
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    ronnyjowe

    Thanks to everyone again for
    Thanks to everyone again for the advice on this.

    I ended up taking time off work which my current contract does not allow for, so contacting a solicitor was the right thing to do.

    Also just got my insurance quote through and fixing the cost to fix the bike has resulted in slightly more than I paid for it originally – which is way beyond what she would have offered.

    Just hope its not going to take months and months for me to be able to get a new one sorted. But then again I’m up north and winter is coming…

    August 9, 2014 at 11:17 am #808389
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    Flying Scot

    arfa wrote:I got taken out

    arfa wrote:
    I got taken out and the driver coughed up privately without any quibbles/hassle. I speak as a former lawyer here but do not expect a rapid resolution if you go down the legal claim route – you employ a lawyer to state your claim, the defendant is perfectly entitled to challenge every assertion you make, including what was said to the policeman. This takes time, sometimes a very long time.
    OK, give it a few days and then see if you are carrying long term injuries. If not, you are being badly advised to take the legal route if your motivation is to get back on the bike asap, especially when you have someone willing to settle up straight away.
    Bear in mind you have three years to decide whether to take legal action under the Statute of limitations so don’t jump to conclusions.

    This is how I would play it, again, if you’re sure you’ve no lasting injuries, better all round.

    August 8, 2014 at 8:06 pm #808387
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    Argos74

    Don’t respond, unless it’s
    Don’t respond, unless it’s with a very large bill backed up by evidence. They’re likely to be trying it on – “But it’s only a toy bike and you’ve only got a few grazes”. Play hardball if you want to go down this route, and I wouldn’t advise it.

    My thinking would be to contact a reputable solicitor – the ones above are reasonable and competent from what I’ve seen of their work. May also be worth approaching the insurer directly with evidence – quote from bike shop for repairs, details and photos of injuries. They’re sometimes willing to settle quickly and not ungenerously to avoid the costs incurred by solicitors. Some of the larger insurers have specialised PI capture teams specifically for this purpose.

    http://www.askmid.com/

    To find out the car driver’s insurer, if she hasn’t advised them already.

    August 8, 2014 at 7:37 pm #808385
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    arfa

    ronnyjowe wrote:Hi Arfa,
    Are

    ronnyjowe wrote:
    Hi Arfa,

    Are you saying that if i settle outside of insurance, i could potentially still make an injury claim in the future?

    If the defendant hands over the dosh and tells you it is in full and final settlement then you’re done. If it is not in writing then you could make the argument otherwise.
    My bottom line advice to you is this, if you are not seriously hurt, do the honourable thing and settle properly. Otherwise brace yourself for a potentially long period of litigation.
    Good luck one way or the other

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