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Collision with car….who determines insurance?

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  • July 5, 2018 at 11:32 am #28689
    BobbyG

    Hey all….I’ve been involved in a collision with a car this morning on my morning commute and don’t quite know what to do regarding the repair now needed to my bike.

    The car cut accross me whilst it was turning right into a side-road…I was travelling in the opposite direction at about 20mph.  Upon first glance it’s clear that my forks are smashed and front wheel buckled which is no surprise since they took the brunt of the impact before I “ejected”!  Incidentally other than leaving a bit of skin on the road and having a stiff neck due to an impact on my (helmeted) head I’m OK. 

    Anyway I’m in a quandary as to what to do about it all.  Obvisouly I’m out of pocket and I guess I’m hoping the driver will help me out with that, but is it ultimately up to them whether or not this goes through their insurance company?

    Thanks in advance…

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  • July 10, 2018 at 11:08 am #922931
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    BobbyG

    Thinks seem to be going ok at

    Thinks seem to be going ok at the moment.  I’ve had the quote from the LBS which, as suspected, recommends a replacement bike due to the frame being >5mm out (as well as the more obvious smashed forks & bent front wheel).

    The driver has contacted the insurance company & they will in turn contact me.

    Also popping to the doctors tomorrow for a once-over 🙂

    July 6, 2018 at 3:01 pm #922929
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    BobbyG

    Thanks for everyone’s input

    Thanks for everyone’s input thus far.  I’m taking the bike down to LBS tomorrow, but having spoken to the workshop manager aready it sounds like he’ll be recommending a write-off (or at least providing a cost that’s higher than the value of my bike).

    I suspect the figure we come to tomorrow will push the driver towards an insurance settlement anyway, which in all honesty is probably best for all concerned.

    I will of course keep this thread updated.

    July 6, 2018 at 12:26 pm #922927
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    ChrisB200SX
    DaSy wrote:
    I just looked back at my paperwork and discovered that my accident was in 2008, so my info is a bit out-of-date, but anyway.

    I was a member of the CTC so reported it to them, who then contacted their solicitors, who then got in touch with me. They were Russell, Jones and Walker, who were very good. I got all my bike costs plus some minimal injury costs and an amount for general costs, which I assume was inconvenience etc (which you don’t want to underestimate), as I would not have had days of pissing about with sorting out a new bike, clothes and injuries if the chap hadn’t just pulled out in front of me when I was 10 feet from him and doing 20+ mph!

    I would recommend going via a solicitor, it is very easy to find yourself out of pocket and nowhere to turn, once you accept a payment from the driver.

    You can only claim actual costs, you can’t claim some money for the inconvenience. I couldn’t claim anything for my time getting things sorted taking my bike to the bike shop, getting it home 100 miles from the RTC location (I could barely walk and wasn’t allowed to drive) or the 13 days in hospital, etc, but I could claim for mileage, parking, damaged clothing/apparel, bike repairs.

    July 6, 2018 at 10:29 am #922925
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    Anonymous

    I just looked back at my

    I just looked back at my paperwork and discovered that my accident was in 2008, so my info is a bit out-of-date, but anyway.

    I was a member of the CTC so reported it to them, who then contacted their solicitors, who then got in touch with me. They were Russell, Jones and Walker, who were very good. I got all my bike costs plus some minimal injury costs and an amount for general costs, which I assume was inconvenience etc (which you don’t want to underestimate), as I would not have had days of pissing about with sorting out a new bike, clothes and injuries if the chap hadn’t just pulled out in front of me when I was 10 feet from him and doing 20+ mph!

    I would recommend going via a solicitor, it is very easy to find yourself out of pocket and nowhere to turn, once you accept a payment from the driver.

    July 6, 2018 at 9:59 am #922923
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    zero_trooper

    The police gave the other

    The police gave the other party your mobile number without permission? Personally I wouldn’t be too happy about that.

    However, as far as advice goes, as mentioned above people often underestimate the cost of repairs. Get an estimate, send it to the driver suggesting they have 24hrs to mull it over and then go down the insurance company route.

    IMO if there’s no personal injury then this accident is small change to a motor insurer. Easier for them to pay out than investigate liability.

    Good luck and keep us updated.

    July 6, 2018 at 8:49 am #922921
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    nniff

    When you’ve got a quite, send

    When you’ve got a quite, send it to them with a time for them to respond on whether or not they want to go through their insurnace company – if you’ve got a phone number, call them and let them know what the bill is going to be.  If they are tardy in responding, go to their insurance company yourself directly.  If you don’t know who their insurer is, go to the MIB (Motor Insurers Bureau) on the internet, pay about £5 and they will tell you.

    July 6, 2018 at 7:59 am #922919
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    philhubbard

    Also, if your forks are

    Also, if your forks are unusable and the front wheel is damaged you will probably need a new frame as no reputable LBS will risk the integrity of your frame and headtube

    July 6, 2018 at 7:39 am #922917
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    ChrisB200SX

    oh, if the driver does start

    oh, if the driver does start to be a dick, quibbling over the price of parts, etc, tell them you’ll have to go through their insurance company because you were essentially doing them a favour by settling costs personally and promptly, that might make them realise why they should do what they agreed from the outset.

    July 5, 2018 at 5:29 pm #922915
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    Grahamd

    +1 for going through a

    +1 for going through a solicitor. 

    July 5, 2018 at 5:27 pm #922913
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    Fishpastesarnie

    The first thing I would do is

    The first thing I would do is write down everything that happened whilst everything is fresh in my mind so that nothing gets forgotten over time.

     In my experience, the majority of persons who offer to pay your costs outside of insurance renege on this offer. This is mainly because they underestimate the cost of the repairs. If you go directly to the third party’s insurer remember that they will do their best to minimise their costs. 

    If you have BC or CTC membership  (or possibly cycle insurance) then I would speak with their legal teams.

    Failing this you might have cover for legal expenses under a household insurance policy.

    If you intend to claim for genuine injury ALWAYS get a proper solicitor who specialises in the field.

    July 5, 2018 at 4:43 pm #922911
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    kil0ran

    Give it a few days to check

    Give it a few days to check on your injuries, you’ll probably feel worse tomorrow.

    I’ve had accidents (car on car) where we’ve agreed to do it outside insurance but it ended up being a major faff when they realised it was going to be more than a couple of hundred quid (hidden damage to my boy racer oil cooler)

    I’d always go through insurance now, unless they hand over the cash there and then. It will also be in their insurance contract that they have to inform their insurer of all accidents, and if the police have issued a crime reference number then there’s no way they can weedle out of that.

    If its a small claim insurance will probably cough up quickly, but if it turns out you’ve got personal injuries they might start challenging the sequence of events. Get a bike-specific insurance lawyer lined up. 

    New forks + new wheel + new helmet + labour + any PI you want to claim for + any damaged clothing is unlikely to be something she’ll want to pay for out of her own pocket. Going to be approaching a grand minimum I’d think?

    July 5, 2018 at 3:41 pm #922909
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    peted76

    In my experience, drivers

    In my experience, drivers underestimate the cost of bike repairs and parts..  and try and weasel out of things pretty quickly. 

    I’d give them the benefit of the doubt, one quick chance, but check your policy for time limits to report incidents.. 

    July 5, 2018 at 3:20 pm #922907
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    ChrisB200SX

    Realistically, it’s for the

    Realistically, it’s for the both of you to agree whether it goes through their insurance company or not. Getting cash out of someone for damages is easier in my experience, but if losses or injuries are severe enough, always claim from their insurance if you can via your own insurance.

    July 5, 2018 at 3:14 pm #922905
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    pockstone

    Photos (including one of the

    Photos (including one of the driver!), witnesses details, drivers details. Insist on going through the driver’s insurance company. If injured (however slightly) call an ambulance or the police.

    I was foolish enough to accept a driver’s offer to settle without going through insurance. As soon as he became aware of the cost of repairs he stopped taking my calls and failed to answer letters. Cue solicitors and all that that entails.

    Glad you weren’t seriously hurt.

    July 5, 2018 at 3:09 pm #922903
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    Anonymous

    As above, driver has to by

    As above, driver has to by law give you his details, I would report it to police because it’s at best undue care. Get yourself checked out by a medical professional, this then means you have a record of your injuries. And of course get an assessment of the bike, it’s likely to be a right off.

    I wouldn’t simply go down getting the driver to pay for it, go through insurance, it might take longer but it not only ensures you will get a proper above board payment but also it hits the driver in the pocket too more so than just a cash pay out, it also might make them think twice before driving like a twat!

    check to see if any CCTV in location, as they will most definitely try to weedle their way out of it. Any out of pocket expenses keep a note of them, costs to get to GP, fares to get to work etc.

    I had similar last year and despite driver fessing up in front of an officer (who was 6 cars back) and her getting all teary and saying she’d pay for the damage and I was trying to be nice to her as she seemed genuinely upset she turned around later and tried to flick me off.

    Plod refused to charge her despite the confession of undue care, she still refused to give me her insurance details (which they could also have done her for) but she tried to say it was half and half, lucky for me it was just a front wheel but in the end I went direct to her insurers after 10 weeks of waiting for the police to get her details and they sent a payment not long after as she refused to get back to her insurers regarding the incident.

    I hope her premiums rocket!

    Luck sorting things.

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