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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 - 16 through 30 (of 35 total)
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  • August 8, 2014 at 7:16 pm #808383
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    SideBurn

    notfastenough wrote:Would the

    notfastenough wrote:
    Would the MIB step in to cover the costs if she isn’t insured?

    Hopefully the MIB do not need to get involved, but if this is necessary make sure any dealings or offers by them or any insurance company for that matter are done in writing. I learnt this one the hard way… after trying to sort the problem out without their insurance company. Their non-existent insurance company… F.ing lorry drivers, not only driving without looking where they are going but also without insurance X(

    August 8, 2014 at 7:16 pm #808381
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    ronnyjowe

    Hi Arfa,
    Are you saying that
    Hi Arfa,

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

    August 8, 2014 at 6:38 pm #808379
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    jacknorell

    ronnyjowe wrote:Yeah, I don’t

    ronnyjowe wrote:
    Yeah, I don’t want to perpetuate the claim culture- I also want to get my bike sorted asap. But I haven’t even heard from the police with regards to the driver’s insurance company yet…

    I’m guessing if she doesn’t have insurance it’s bad for her legality wise, and bad for me with regards to getting my bike fixed / a replacement.

    I know that quite often you need to make a formal request to the police for the details, and your solicitor may need to pay a fee.

    If she’s not coughing up the details, that’s a sign that she’s not going to do this outside of litigation anyway, so just go ahead with a suit.

    Yes, may take a while, but you can probably sort out some other bike in the meantime (as much as that sucks).

    August 8, 2014 at 5:38 pm #808377
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    notfastenough

    Would the MIB step in to
    Would the MIB step in to cover the costs if she isn’t insured?

    August 8, 2014 at 5:15 pm #808375
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    ronnyjowe

    Yeah, I don’t want to
    Yeah, I don’t want to perpetuate the claim culture- I also want to get my bike sorted asap. But I haven’t even heard from the police with regards to the driver’s insurance company yet…

    I’m guessing if she doesn’t have insurance it’s bad for her legality wise, and bad for me with regards to getting my bike fixed / a replacement.

    August 8, 2014 at 3:20 pm #808373
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    tonemonkey

    I used a company called KLS
    I used a company called KLS law. Recommended by Pearsons (my LBS) who were excellent and organised everything from doctors examinations to Physiotherapy. Also told me I was lucky the driver was with direct line as they don’t take ages to pay.

    August 8, 2014 at 2:19 pm #808371
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    arfa

    I got taken out and the
    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.

    August 8, 2014 at 2:19 pm #808369
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    arfa

    I got taken out and the
    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.

    August 8, 2014 at 2:02 pm #808367
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    tom_w

    It’s worth bearing in mind
    It’s worth bearing in mind that a lot of bike manufacturers say you should replace frame and forks after a crash (this may be more applicable to carbon frames/forks), so you should probably check with the manufacturer as to whether they deem the bike as still safe to use and also whether they will still honour the warranty. If you did have a frame issue at a later date failing to disclose the prior crash would be fraud I guess, so it’s not a situation you want to end up in just because you are being kind.

    I got doored by a car once and the bike seemed fine, but then developed a fork issue a few months later. Could be coincidence of course, but I kicked myself for telling the driver not to worry about it as there was no obvious damage.

    Edit: I know it’s a really frustrating thing, because you don’t want to be fuelling the claims culture

    August 8, 2014 at 1:57 pm #808365
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    oozaveared

    I agree with the others.
    I agree with the others. Injuries can have long term consequences. Settling outside of insurance is a good idea if it’s just bent metal. The driver would have to pay an excess anyway and might lose their no claims discount so it makes sense for them and if they straightforward about paying up for the damage then why involve an insurance company that might actually pay you less and after a lot of paperwork and aggro and cost the driver more.

    but injuries are different. There are plenty of cycling claims management companies that advertise about the place. Why not talk to the CTC they have a service for members but can still help you.

    http://www.slatergordon.co.uk/unions-federations-and-charities/ctc/ctc-accident-line/

    August 8, 2014 at 1:50 pm #808363
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    jacknorell

    ronnyjowe wrote:EDIT 2: I’m
    [quote=ronnyjowe]EDIT 2: I’m currently looking at
    http://www.slatergordon.co.uk/personal-injury/cycling/%5B/quote%5D

    Good, they’re the ones working with one or more major cycling organisations (I think British Cycling) and I’ve heard good things.

    August 8, 2014 at 1:48 pm #808361
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    jacknorell

    ct wrote:jacknorell wrote:

    ct wrote:
    jacknorell wrote:
    Your stiff neck indicates whiplash, so you may well be more physically hurt than you think.

    Your stiff neck MAY indicate whiplash…

    Indicate is indicative, not definitive, so I’m not sure what you’re being pedantic about here? (I realise my statement is pedantic).

    Stiff neck is a symptom of whiplash, i.e. it’s an indication of whiplash, which does not necessarily mean the bloke actually has whiplash.

    Also, did you not see the ‘may’ in the second half of the sentence.

    *grumpy mode off*

    August 8, 2014 at 1:45 pm #808359
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    Anonymous

    jacknorell wrote:Don’t settle

    jacknorell wrote:
    Don’t settle outside of insurance. Your stiff neck indicates whiplash, so you may well be more physically hurt than you think.

    Also, don’t do final settlement on personal injury until you’re a few months down the line at least.

    The insurance company will fight you, regardless, but will pay out given the situation.

    Get professional advice right now, before you agree to anything at all.


    This is good advice.

    Remember that the driver made a mistake, he didn’t wake up this morning looking to kill someone. His insurance is there to cover mistakes. Get professional advice from a specialist solicitor.

    August 8, 2014 at 1:41 pm #808357
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    DaveE128

    May be worth seeing the doc
    May be worth seeing the doc if you still aren’t feeling ok. That way you will have documented evidence of the after effects. They might even be able to sort you out a bit.

    Agree with others you should get quotes from more than one shop for fixing the bike up completely.

    Hope you’re feeling 100% and back on the bike soon.

    August 8, 2014 at 1:34 pm #808355
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    ronnyjowe

    Thanks for the support and
    Thanks for the support and advice.

    I’m still not feeling okay and so it’s probably right not to settle with the driver.

    If anyone can recommend a solicitor, that would be fantastic.

    EDIT: Oh and the admission of guilt was uttered to the police officer. Who I think has filed a ‘driving without due care and attention’ case.

    EDIT 2: I’m currently looking at
    http://www.slatergordon.co.uk/personal-injury/cycling/

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