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Accident Damages Claim Advice

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  • July 27, 2023 at 7:50 am #32648
    bikeman01

    Hi,

    On Tuesday I was T-boned hilst riding within a cycle lane past a road junction. I sustained a few cuts and grazes but my Giant Defy carbon frame is a write off, wheels bent etc.

    The driver and I exchanged details but witnesses left quickly so I didnt get any of their details.

    As Cycling UK member I called their incident line and was told to report the incident to the police. I went to the police station and was told it was not necessary. I then called 101 and was told that I should report it online. When I did so it again said it wasn’t necessary as we had exchanged details and no one was hurt (I assume a few grazes doesnt count).

    Cycling UK basically said I was on my own and they sent me a leaflet on the small claims procedure. Not impressed, I called their 3rd party insurer who was more helpful but only if the car driver made a claim against me.

    I’ve been trying to contact the driver’s insurer, Admiral. I’ve tried telephoning their claims department, using web chat and Twitter and have been told by all that someone will call me, so far no one has.

    I’m beginning to think that I may need to use one of those no win, no fee accident management companies. 

    Do you have experience of using such a company and can you recommend one?

    Thanks

    *** Update Dec 2023 ***

    Just wanted to update you on the outcome of this. 

    As I had sustained some grazing I went back to Cycling UK and agreed with them that I had sustained an injury. They then instructed their claims firm, Fletchers.

    The driver admitted fault quite early on, but the process was still quite lengthly mainly due to their insurer, Admiral, dragging their feet.

    I am pleased to advise that after 5 months I received a settlement offer for the bike and injuries, which was about double the cost of a replacement bike.

    Fletcher’s claimed their costs, I have no idea how much, from the other party and there was no deduction to my settlement due to my being a Cycling UK member. So after my initial disappointment with Cycling UK, membership was worthwhile and a good outcome for me.

     

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  • August 1, 2023 at 7:47 pm #1015529
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    Simon E

    https://www.cyclinguk.org

    https://www.cyclinguk.org/insurance states that Butterworth Spengler provides third party liability insurance, meaning that “you are covered for any claims made against you for damage or injury”. They also offer organisers’ liability insurance. This is not the same as making a ‘small claim’ in the event of a crash.

    The updated Crash Advice page at https://www.cyclinguk.org/cyclingcrashadvice (linked from the Incident Line page) that refers to Cycle SOS, part of Fletchers Solicitors, and says:

    “Call the Cycling UK Incident Line on 0330 107 1789 for assistance in making a claim for your injuries or damage to your bicycle” and links to https://www.cycle-sos.co.uk/cycling-uk-incident-line/

    There is an Incident Line FAQ page too:

    https://www.cyclinguk.org/article/cycling-uk-incident-line-faqs

    At the bottom of the Legal Advice page there is an embedded Youtube video about Cycle SOS Damage Only Claims. They say that they can only recover losses due to damage if you also make a personal injury claim, they cannot help with damage-only claims, though they can give advice on doing it yourself:

    I have emailed CUK to highlight that the Slater & Gordon page is still online.

    August 1, 2023 at 1:59 pm #1015527
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    bikeman01

    On that poage it does, on

    On that poage it does, on others it says Slater + Gordon

    https://www.cyclinguk.org/crash-advice

    August 1, 2023 at 10:43 am #1015525
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    jaymack

    It’s too late for Bikeman01’s
    It’s too late for Bikeman01’s prang but with incidents such as this call the Police. Cuts & bruises only? One can never be sure, concussion is a real problem please don’t take the risk. And bystanders are more likely to provide names/address to the Police.

    August 1, 2023 at 9:58 am #1015521
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    pockstone

    Second the ambulance call. I
    Second the ambulance call. I understand that Police often attend RTCs where an ambulance is called. (?) So evidence will be backed up by police notes. It is a tough call if you think you’re only slightly injured though. Nobody wants to waste the ambulance service’s time. Also you may have a bloody long wait. In a non- cycling related incident I witnessed at the weekend a 70 Yr old man with a heavily bleeding head injury lay waiting for an ambulance for over an hour.

    August 1, 2023 at 9:44 am #1015523
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    AlsoSomniloquism

    It is a tough one. If it was

    It is a tough one. If it was two cars with no injury, you swap insurances and you both make a claim with your own insurers, who then contact each other to recover costs from the “at fault” parties insurer. It is not usually you contacting another persons insurance company on their behalf so have they actually done that? If he hasn’t, the delay could be Admiral trying to get details from the driver.

    As far as I’m aware, CUK (and BC) are claiming for the injuries or legal protection for you if sued for injuries caused, I doubt they are involved for just property damage as that is what insurance companies are for.

    If you haven’t got bike insurance, the contact your home insurance as it might cover it. If not then sending a legal letter might get a faster response. 

    But either way, any claims, especially if disputed may take several months to pay probably so bike wise, you might have to bite the bullet and by cheap replacement until money comes through.

    I would suggest taking bike insurance out using the discounts provided seperately if the cost of the bike is more then you can easily replace, even if you have other legal cover. 

     

    August 1, 2023 at 8:49 am #1015519
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    chrisonabike

    Disappointed they’ve moved

    Disappointed they’ve moved away from Slater & Gordon – never had need for their services but had heard good things.

    For the insurance side I was mostly interested in cover in case I ran into someone and they sued me.  Hadn’t checked for a while but their site indeed does now say it’s now Butterworth Spengler.

    It would be useful if CUK were clear about exactly what was and wasn’t in.  Looking forward to hearing your findings (if any…)

    August 1, 2023 at 8:37 am #1015517
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    bikeman01

    Yes that would appear to be

    Yes that would appear to be the case. And I would add that ‘personal injury’ has to be serious or life changing before the buggers will take it on.

    As I alluded to before, there should be policy documentation, that website page is out of date since Slater + Gordon no longer run CYC’s incident line. 

    August 1, 2023 at 8:25 am #1015515
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    quiff

    I’m not a member, but this

    I’m not a member, but this CUK guide (from when Slater & Gordon provided the support) mirrors the OP’s experience – basically it anticipates that if you have only suffered property damage, you will be directed to bring a small claim yourself. The reason for that presumably is that (unlike for a personal injury claim) the solicitors can’t recover their costs for a small claim, so it wouldn’t be “no win, no fee” for them, it would just be “no fee”. 

    August 1, 2023 at 7:59 am #1015513
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    bikeman01

    Yes me too. I believe Cycling

    Yes me too. I believe Cycling UK recently changed their legal from Slater + Gordon to Fletchers. I think we can guess that that was probably a cost decision and maybe Fletcher’s are not so willing to take on cases.

    I’ve never been provided with any cover documentation from CYC so it’s unclear to me what the extent of their legal support is, or who provides it. There’s obviously info on their website but it is dispered and easily amended as they see fit. Certainly I was expecting legal support to be more than a 1 page leaflet on the small claims process. 

    Another aspect of CYC’s arrangement I’ve noticed is that they use Fletchers for personal injury claims and a seperate insurer, Butterworth, for 3rd party claims; imagine the communication problems that could create.

    I am going to push them to explain.

    July 31, 2023 at 11:04 pm #1015511
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    mattw

    I’m surprised and a little

    I’m surprised and a little shocked at the CUK reaction.

    An expectation of legal support beyond my household policy is my main reason, other than supporting cycle campaiging, for being a member.

    July 30, 2023 at 1:45 pm #1015509
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    Oldfatgit

    Do you have legal cover on

    Do you have legal cover on your household insurance?

    If yes, might be worth taking to them.

    July 30, 2023 at 1:43 pm #1015507
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    Oldfatgit

    [snip] 

    [snip] 

    British Cycling members get access to Slater & Gordon,

    [snip]

    Digby Brown in Scotland (and they were fantastic)

    July 30, 2023 at 12:30 pm #1015505
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    Mungecrundle

    I have been in this situation
    I have been in this situation before. Don’t expect anyone to care or be in any sort of hurry to send you a cheque. Non injury incidents are beneath the radar of the Police and claims agents, just not worth their effort / time.

    I don’t think that threatening a personal injury claim if Admiral don’t cough up pronto is a good idea. You are either injured or you are not, you cannot just decide later that you are and want compensation.

    My suggestion would be to keep it simple, submit legitimate losses only with evidence. Bike, helmet, clothing etc. Be polite to anyone at Admiral you do get to correspond with. Be patient, but persistent. If you have camera footage this will really help prove fault by their insured.

    HTH. Best of luck.

    July 30, 2023 at 10:38 am #1015503
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    hawkinspeter

    I hope you did report it

    I hope you did report it online to the police. They might well say that it’s not necessary as they’re not going to do anything, but if collisions aren’t reported, then it throws off the road safety stats. Also, the driver’s insurance company would surely want to know about the collision so that they can adjust the driver’s premiums (they’re going to be far less interested in paying out money though). Additionally, incidents should be reported to avoid the “otherwise law abiding” defence used if the driver gets involved in another incident.

    July 30, 2023 at 9:48 am #1015501
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    perce

    Good luck. I have to say I’m

    Good luck. I have to say I’m surprised and disappointed with Cycling UK’s lack of assistance. All the best.

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