Hit by car today - advice please

[robing]

I was knocked off my bike today at a roundabout in Milton Keynes - just about half a mile from the station where I was about to catch a train to Holyhead to do Lon Las Cymru. Luckily I am fine - just some bruising and impressive road rash. The bike didn't fare so well however, totally buckled back wheel, broken front mudguard. The rest looks ok as far as I can see including the frame (Dawes SG tourer, steel frame). I'll take it to my trusty LBS to get them to inspect fully. Also damaged some new cycle shorts (£30) and the loss of my non-refundable train ticket (£59). The police and ambulance were called as routine, all details were taken and apparently someone got the footage on a dashcam. The police told me to notify my insurer - eg home insurance. I have notified them as bike is covered for up to £5000. I also have cycle touring insurance with Sports Cover Direct but that's more for if you have an accident/claim abroad etc.

The police said she was 100% to blame and will either be prosecuted or sent on a driver awareness course, depending if I want to press charges.
Is there anything else I need to do? Is there a link on this website to what to do if you are involved in a RTA? I'm not a Cycling UK member unfortunately.

I did actually feel sorry for the driver, she was 70 and had her grandson in the car, both were very shaken up, a lot more than I was! So I'm not interested in punishing the driver but do want to claim for all my damages.

[Toffee]

Sorry to hear of the bad start of your tour.

Knowing the roads around there well, were you on the road or the redway?

Keep a record of a the expense you incur with the receipt where possible. Costa are also any extra costs if rearranging a holiday not just physical damage to your bike

Remember if your own insurance does not pay out you can claim from the person who hit you.

[robing]

Thanks. I feel remarkably calm about it, I think mainly just relieved that I wasn't badly hurt

I was on the road. I should have taken the redways but I didn't have a lot of time to spare. I could have even taken the little local train in. Damn! I was camping so no accommodation had been prebooked.

[chris_suffolk]

Sorry to hear of the bad start of your tour.

Knowing the roads around there well, were you on the road or the redway?

Keep a record of a the expense you incur with the receipt where possible. Costa are also any extra costs if rearranging a holiday not just physical damage to your bike

Remember if your own insurance does not pay out you can claim from the person who hit you.

You shouldn't really even be thinking of claiming on your insurance. First there will be an excess, second it's a claim against you for renewal. I assume she was insured - that's who you claim from. Speak to her insurers (the police will give you details if she didn't). If you were injured, even slightly, take photos of all injuries (and more over coming days if bruising changes). If you have legal cover on your house insurance then contact them for advice - it's free and doesn't count as a claim against you (and they don't take a fee). See a Dr, you may think it's nothing, they may disagree.

As others have said, get quotes for the bike, keep receipts for all extra things you have to buy (pain killers, taxi fares, extra car journeys to bike shop etc) and all non recoverable expenses (train tickets, pre-booked events, food, accommodation etc).

Whilst you may feel sorry for her, in the end it's her fault, and you need to be reinstated to your original position without losing out - that's the world we live in now I'm afraid.

I was knocked off a few years back, and like you thought little of it at the time, After seeing a Dr, and a specialist consultant, it took three years to establish that what I thought was minor was in fact permanent, and I will never be able to do some of the easy things I used to do. Not life changing, but still, it will never properly heal - but I would have dismissed it without professional advice.

[rmurphy195]

Your claim is against the driver, no-one else. The only involvement you want from your home insurer is a claim under the legal bit of the policy (where you can get their legal people to pursue the claim for you) if your policy includes this.

Keep a record of all expenses - clothing, bike, medical (you have been checked over haven't you?), prescription costs, postage for letters, cost of the LBS assesing your repairs on a formal basis etc. I even claimed for a walking stick I needed for a few days after being knoceked off!

If you have the driver's insurance details then send this all to them. If you don't send it to her to forward to them.

Having said that, if you can engage a solicitor then you have an expert (hopefully) to negotiate with the insurer if necessary and to advise what you can claim for. There's nothing to stop you from contacting Slater and Gordon (or any other solicitors for that matter), telling them what's happened and asking what they can do, even though you won't be going through the CTC https://www.slatergordon.co.uk/personal-injury/cycling/ https://www.slatergordon.co.uk/personal-injury/cycling/

[robing]

Thanks for the replies. Yes, perhaps I am being too sympathetic towards the driver. Good point re my home insurance - I don't want my renewal fees to go up because of this. Thanks for the link re Slater and Gordon, they have offices in Milton Keynes.
I was checked over by the paramedics but didn't go to hospital (my choice) or see a doctor. I have taken photos and will continue if the bruising gets worse. The paramedic advised me to see a physio or osteopath to have a treatment to stop me seizing up within a couple of days. I have a good osteopath so will see him and obviously this will incur costs.

[Psamathe]

....
You shouldn't really even be thinking of claiming on your insurance. First there will be an excess, second it's a claim against you for renewal. I assume she was insured - that's who you claim from. Speak to her insurers (the police will give you details if she didn't)......

I would agree. These days insurance companies don't need much of an excuse to raise your premiums.

....Whilst you may feel sorry for her, in the end it's her fault, and you need to be reinstated to your original position without losing out - that's the world we live in now I'm afraid....

If the car driver feels bad, they are almost certainly feeling bad about causing an accident and discomfort/loss you are suffering. That's life and the nature of being the cause and claiming on your insurance rather than her's is not going to make her feel any better (but could make you worse).

Ian

[PH]

Most solicitors will offer you a free assessment, I'd maybe get a couple and not agree to anything till you'd thought it over.
There have been some changes recently, I'm no expert but as far as I can tell the success fee now comes out of the award rather than from the defendants side, it can be up to 25%. There was also talk of raising the personal injury limit you could claim legal costs on, I don't know if this has come about. It was (Maybe still is) £1,000, that is if the PI element of your claim is less than the limit employing a solicitor to deal with it is at your own expense.
Look after yourself, keep detailed records, write down what happened while the memory is fresh, and don't rush into doing or accepting anything.
But mostly look after yourself.

[Vorpal]

The police said she was 100% to blame and will either be prosecuted or sent on a driver awareness course, depending if I want to press charges.
Is there anything else I need to do? Is there a link on this website to what to do if you are involved in a RTA? I'm not a Cycling UK member unfortunately.

Sorry to hear about your crash.

In your place, if it were me, I would ask the nature of the driver awareness course. If it sounds ok, ask that she be recommended for it, rather than prosecuted.

As for what to do viewtopic.php?f=1&t=49627 has good advice. Ignore the bits that aren't reevant.
Some things about the process of prosecution may be relevant here viewtopic.php?f=7&t=69901 even if you don't wish the driver to be prosecuted, it is important that you inform the police of your preference fairly quickly.

The bits about writing everything down whilst you remember it are good, as well.

[eileithyia]

Endorse what others have said; don't claim on insurance or your premiums will rise.
Keep all receipts and quotes.
Claim is against her insurance, you may require a solicitor who works with such claims... there are plenty who will pursue cycle claims and are experienced in such claims.
Keep a diary; a. any injuries and their impact on your life and how they improve over time. b. All expenditure; bus tickets, taxis anything where you would normally have used your bike to undertake those journeys. Don't forget that ticket, loss of holiday and any damaged clothing as well the bike damage.

Don't get rid of items that are damaged until the claim is settled, someone from the insurance company may want to see them.

Glad you are ok.

[BakfietsUK]

I think it's natural to feel sympathetic toward someone in distress and the driver sounds like she was. However, the fact is that they were in error. Now they may not have deliberately injured you and you may not have felt traumatised at the time, but I think you need to reflect on what happened. It sounds like you have done this to some extent and it is not always possible to perceive the full impact of something like this on the day.

I was more concerned about the distress you were in, perhaps without knowing it. Having experienced incidents like this I know that adrenaline stopped me experiencing my feelings in their entirety until much later. It can, in the worst instances amount to being wary of getting on the bike again along with other well known responses to trauma. Being hit by a car is a very frightening experience and at some point in it their is a real fear of death. Things happen quickly and the possibility of this outcome may dissipate and the relief of staying alive kicks in. This does not mean that your body won't remember it. For this reason I would, if it were me press charges against the driver and let the law and judicial process decide whether the driver was entitled to sympathy. If there were any mitigating circumstances, again that is for the legal system to decide.

I think it is so easy as a victim to want to forget it and move on, but I think there is a level of social duty to ensure that every collision involving damage or injury be taken to the full extent of the law. You sound like a kind and considerate person and it also sounds like you will have a lot of inconvenience even if you don't carry any trauma. I just don't think it is fair that someone can do this to another and just carry on, whilst the victim bears the brunt of what could amount to someone else's negligence, possibly for a great deal of time.

[robing]

Thanks for all your advice and comments. I don't think there will be any lasting damage. Feel a little bit stiff and sore as to be expected but not too bad. The most painful bit is the large area of road rash on my hip (about 4x4" square). Taking the bike in today to assess the damage. My priority now apart from my own recovery is getting the bike back to full working order and to reclaim all my losses. Psychologically I feel fine, I want to get back on the bike asap, but will need to leave it a few days.