Had an accident - what now?

[bobbyg]

In brief, cycling into work today, women driver joined the roundabout I was on without stopping and I went into the drivers door, fell backwards and landed on road. Was wearing a rucksack which softened some of the impact but helmet was smashed as my head hit the tarmac.

Ambulance was called and got put in back brace etc, taken to Hospital, x rayed, no bone damage but back and neck are sore. Sent home with painkillers.

I am not an ambulance chaser and so was very much of the opinion that if driver pays for my new helmet then thats fine. But just got my bike back and handlebars look twisted, maybe even forks as well at first glance. Apparently my bike has left a large scrape on side of her car and she will also be pursued by NHS for ambulance costs.

I had my gopro on and its very clear she didnt stop or see me - police have viewed the film and have charged her with careless driving.

I dont have her details yet and I am a member of British Cycling so thinking of contacting their legal guys, thats what I pay my membership for after all isnt it?

I would appreciate if anyone can give me some pointers (not advice) of what to expect if i decide to make that telephone call?

[gaz]

Sorry to hear of your off. A few notes linked from here.

If you have cycle insurance through BC or elsewhere then just proceed with a claim, that's why you've paid your premiums.

I expect BC's legal assistance is through a no-win, no-fee lawyer. They will want you to make a personal injury claim, there's no monies to be made by them in only pursuing the damage to the bike. Pick up the phone, they'll soon tell you if there's not enough money to be made to warrant proceeding.

There are other threads on here about claiming direct from drivers or their insurers.

[eileithyia]

Make the call, not sure what they will say but they will probably put you in touch (pass on your details) to leigh day who i believe are their solicitors for such cases.

Meanwhile start a diary; inc pain, suffering and reduced mobility, as when pain, swelling etc., reduceds, inc bruising.
Get bike assessed at LBS (local bike shop), you might be asked to get a couple of quotes.
Keep a note of any out of pocket expenses; hospital car parking, taxis, bus fares etc., that you are required to pay out that you would not normally have paid.
What about sick time? Are you paid, will you lose any money, and importantly, do your employers expect you to re-claim their expenses (paying you for being off sick... mine do) as part of compensation; it will be in your contract small print somewhere.

Speedy recovery.

[[XAP]Bob]

Note any pain or inconvenience (this includes additional costs because the bike is off the road)
Get a decent LBS to quote for any repair work.

Their insurance company is likely to pay bike damages without too much question (it's just not really worth quibbling)

[thirdcrank]

... I would appreciate if anyone can give me some pointers (not advice) of what to expect if i decide to make that telephone call?

I'd say the best way is ring and find out, but having said that, I think that what they will be able to do is very limited because on the basis of what you have described as your loss and assuming you have no undiagnosed major injury, it's a very small claim. Even before the new rules which were introduced to reduce the inconvenience for insurance companies when their policyholders injure people, the experience of others seems to be that you may at the most be offered help in completing the small claims paperwork.

[irc]

I would appreciate if anyone can give me some pointers (not advice) of what to expect if i decide to make that telephone call?

Blame is straightforward. You have footage. Police have charged driver.

IMO two options. If you are sure your injuries are minor and will be away completely within a week or so. Claim full bike damages, helmet etc from driver's insurance.

Alternatively consider using no win/no fee lawyer and claiming for your injuries as well. No need to decide immediately. Wait at least a couple of weeks or longer before making the decision.

Bike damage only - should get sorted sooner. On the other hand if insurance company starts playing games and disputing full replacement/repair cost getting a lawyer involved will let someone else deal with them and get you a few hundred quid more.

[bobbyg]

Cheers for the feedback so far - many of you suggest contacting local bike guy.
However the bike is just over a year old, its a Fuji which was bought from Evans cycles and I am guessing any spare parts may need to be sourced from them anyway so would it be ok to have them appraise the state of the bike (if they offer such a service outwith the normal service type options)?

[[XAP]Bob]

Yep - reputable bike store...

[JohnW]

Bobby - this is NOT about revenge or vengeance, but I'd give the police all the help, encouragement and info that I can. I'd make a claim for the total of all costs involved, and significant compensation for any injuries you're not aware of yet - for inconvenience and pain and suffering. You'll need hospital records etc. The legal eagles will require a police accident report number. You say that the police have already charged her - good on 'em.

Do indeed get BC's legal eagles involved - as soon as possible whilst you remember it all. They'll ask you for information and witnesses.

As I say, this is not about vengeance, but about doing all you can to ensure that she doesn't do it again. If she gets hit really hard she may pay more attention in future. Her next victim may not be as lucky as you - on her record as far as you know it, she's not safe (or fit) to be on the road.

Go for gold Bobby - not just for yourself, but for all the rest of us who are in danger from her.

A reputable local bike shop will do an inspection, schedule of damage and a quote for putting the bike back into the condition it was in before she hit you. They may charge for this - add it to your claim. Don't be sorry for her - she wasn't thinking about your welfare when she hit you.

[bobbyg]

Cheers guys - contacted BC today and they in turn have passed my details onto their Scottish lawyers who have already phoned me to establish the facts before they advise if they will take the case on.

Think he sounded disappointed that I didn't have any broken bones though!

[eileithyia]

Cheers guys - contacted BC today and they in turn have passed my details onto their Scottish lawyers who have already phoned me to establish the facts before they advise if they will take the case on.

Think he sounded disappointed that I didn't have any broken bones though!

Probably more money for them.....

[rmurphy195]

Make the call, give them the details.

Itemise your material looses - helmet, bike (probably bent frame/forks), get repair costs for bike, plus helmet,clothing, content of rucksack, rucksac itself if damaged. Keep all the damaged stuff, they may want photos Put the replacements costs as part of your claim.

I probably still have copies of the list of stuff I claimed for, PM me if you want a copy and 'll see if I've still got it.

Solicitor will advise on injuries amount - there's a (fairly) standard scale.They will probably send you to their medical examiner.

Plus cost of any painkillers you buy yourself!

I even successfully added a walking stick to my claim a couple of year ago! Plus travel costs for my wife to the hospital (plus parking etc.) as I recollect.

Basically if you incurred a cost as a result of the accident you can get it back.

[Mattyfez]

I'd think it's reasonable to get a new equivalent bike, helmet and clothing that would all be basically a write off. By the sounds of it.

As for the medical side of it, as they said above, monitor your situation carefully over the next few weeks, you may have pulled some muscles etc.

[JohnW]

I'd think it's reasonable to get a new equivalent bike, helmet and clothing that would all be basically a write off. By the sounds of it.

As for the medical side of it, as they said above, monitor your situation carefully over the next few weeks, you may have pulled some muscles etc.

Be careful with the first part of that Matty. I am at this moment going through such a claim, with the CTC/CUK's legal eagles Slater and Gordon acting for me. The person handling my claim (the motorist who hit me has accepted that it was his fault) has told me that, with respect to my bike, all I'm entitled to (in law, they say) is the re-sale value of the bike before I was hit. The frame and some parts were destroyed. The bike was a classic 1979-build 531 frame, newly re-sprayed and 'refurbished' and was like new - like jewellery when Chris Marshall had finished it.

The legal eagle told me that I can't have (in law) the cost of putting me back into the position I was in before I was hit. No doubt that's the minimum that I have a right to, but my opinion is that a decent lawyer would take an interest and argue for me to be in no worse position (materially) than I was before I was hit.

BC's legal eagles may be a lot better - I hope so. What I'm saying is : "don't make assumptions".

As for your second point - absolutely but again, the CTC/CUK's legal eagles sent me to a back-street clinic in Bradford for the twelvemonth check and prognosis (didn't even give me the correct full address) and had not (repeat HAD NOT) sent the medical chap my X-ray and medical records.

For Bobby's sake, I really hope BC's legal eagles are a lot better.

[Lance Dopestrong]

Materially, you're entitled to be restored to the situation you enjoyed prior to the incident , not to any specific amount of cash. That means they must provide you with an undamaged bicycle, or the wherewithal to acquire one of equivalent spec/condition. It doesn't matter what your bike may be 'worth' second hand, it's the cost of restoring you to your pre-accident position that matters.

Helmets are a different story. I once successfully argued that I should be entitled to a new Arai lid following a motorbike accident, on the basis that a used one may have hidden damage which could compromise the protection in the event of another smash. As my year old lid had only been in my head, and only ever handled by me, I was able to guarantee it had not been mistreated and would still perform exactly 100% as the manufacturer intended, and I was entitled to a replacement lid that was also guaranteed not to have been mistreated, and the only way to guarantee that was to provide a new one. Ironically, they probably had to pay as much in fees to my solicitor for arguing the point as they eventually did for a new helmet. Idiots.