Accident with rental car - advice please
Accident with rental car - advice please
Hi there,
Need a bit of advice...
I was involved in an accident this morning when I was hit by a car turning right.
I was cycling on the putside lane on Hill St London Richdmond, when a car pulled out from the line to turn right up into HIll Rise. It happened exactly here: http://goo.gl/maps/AtNJO.
it was raining and the road was wet. My braking distance was reduced, I didn't see the car indicator and by the time it pulled out I was headed for the car and it was too late to brake and be able to stop. I tried braking, but hit the right side of the front of car and flew over the bonnet.
I have slight superfical grazes to my left arm how I landed, I have a sore hip and elbow. Nothing broken.
My bike, which I bought 2 years ago for £1000 new, and have since customized, with upgraded wheels etc, is badly damaged and not currently rideable. The SRAM Red carbon left lever is totally bent out of shape, and the wheel where it is supposed to sit flush in the carbon fork dropouts, doesn't sit flush and is bent to the left when you look at the bike from the front. It doesn't spin and catches on the fork.
The driver, female estate agent , was in a rental car and as I was too stupid not to get the reg number at the time, won't give it to me now. I know where they work, so it's not a problem to obtain if i must do. She has however been onto the rental company, Apex Rentals, who I have since spoken to and told them I wish to make a 3rd party claim through them for the damage to my bike and myself. The driver has been in contact with them and they have said they need to speak to a manager about the policy process.
I don't know if the bike is written off, but the levers and the fork will need to be replaced I think, at a cost of about £500-£600. Plus my helmet is broken at a replacement cost of £130.
I have insurance through E&L up to the value of the bike plus a bit more, i think about £1200, and it also covers public liability and full value like for like for the current value of the bike. Problem is, it's a Planet X custom build, and I've since made mod's to it. It's not longer purchasable through them.
I am a member of British Cycling as of today, but not before the accident happened. I have spoken to their solicitors who have said to speak to the insururs - both of us not knowing at the time the car was a rental car, and that I would have to go through them..
Please can you advise what the best course of action would be and where I stand on a legal foot?
Thanks
Need a bit of advice...
I was involved in an accident this morning when I was hit by a car turning right.
I was cycling on the putside lane on Hill St London Richdmond, when a car pulled out from the line to turn right up into HIll Rise. It happened exactly here: http://goo.gl/maps/AtNJO.
it was raining and the road was wet. My braking distance was reduced, I didn't see the car indicator and by the time it pulled out I was headed for the car and it was too late to brake and be able to stop. I tried braking, but hit the right side of the front of car and flew over the bonnet.
I have slight superfical grazes to my left arm how I landed, I have a sore hip and elbow. Nothing broken.
My bike, which I bought 2 years ago for £1000 new, and have since customized, with upgraded wheels etc, is badly damaged and not currently rideable. The SRAM Red carbon left lever is totally bent out of shape, and the wheel where it is supposed to sit flush in the carbon fork dropouts, doesn't sit flush and is bent to the left when you look at the bike from the front. It doesn't spin and catches on the fork.
The driver, female estate agent , was in a rental car and as I was too stupid not to get the reg number at the time, won't give it to me now. I know where they work, so it's not a problem to obtain if i must do. She has however been onto the rental company, Apex Rentals, who I have since spoken to and told them I wish to make a 3rd party claim through them for the damage to my bike and myself. The driver has been in contact with them and they have said they need to speak to a manager about the policy process.
I don't know if the bike is written off, but the levers and the fork will need to be replaced I think, at a cost of about £500-£600. Plus my helmet is broken at a replacement cost of £130.
I have insurance through E&L up to the value of the bike plus a bit more, i think about £1200, and it also covers public liability and full value like for like for the current value of the bike. Problem is, it's a Planet X custom build, and I've since made mod's to it. It's not longer purchasable through them.
I am a member of British Cycling as of today, but not before the accident happened. I have spoken to their solicitors who have said to speak to the insururs - both of us not knowing at the time the car was a rental car, and that I would have to go through them..
Please can you advise what the best course of action would be and where I stand on a legal foot?
Thanks
Re: Accident with rental car - advice please
The fact it is a rental car would seem to make little difference, if your insurance covers legal cover, would suggest getting in touch with them about the best way to proceed with your claim.
Re: Accident with rental car - advice please
This isn't about your insurance - it's about the lady's 3rd party insurance.
You are effectively claiming from her, and if she wants to deal with her insurance (which she will after she sees the bill) then she will instruct them.
In the mean time you are presumably experiencing increased costs, receipt them all.
Also try and find receipts for your upgrades - and at least take photos of them...
You are effectively claiming from her, and if she wants to deal with her insurance (which she will after she sees the bill) then she will instruct them.
In the mean time you are presumably experiencing increased costs, receipt them all.
Also try and find receipts for your upgrades - and at least take photos of them...
A shortcut has to be a challenge, otherwise it would just be the way. No situation is so dire that panic cannot make it worse.
There are two kinds of people in this world: those can extrapolate from incomplete data.
There are two kinds of people in this world: those can extrapolate from incomplete data.
Re: Accident with rental car - advice please
Ok I've spoken to the car rental company.
I have the vehicle registration number. The rental car company has given me their overarching insurers details and policy number. They have said to me to get in contact with them - is that right?
In the meantime, I've been informed by my uncle a cycling coach who has had a few scraps in the past with cars, to go to the local bike shop and obtain an itemised quote for replacement of the frame (which could have suffered stress fractures), set of wheels (front took the impact along with fork) handlebars (stress fractures), brake levers, pedals (axed stress) fork (stress) bar tape, cables, helmet, clothing and labour costs.
I am insured up the value of £2K almost, under a New for old policy
If the bicycle is totally destroyed or stolen replacement will be based on the sum insured
value or new market value if less as detailed in the Policy Schedule.
Bicycle Sum Insured: £1672
Accessories:
Time iClic Racer Pedals, White
Cateye Single Shot Plus, Light
Smart Lunar R1, Light
Smart Lunar R1, Light
Zefal Swan Mudguard Set (Front & Rear)
Total Accessories Insured: £262
Total Sum Insured: £1934
I have the vehicle registration number. The rental car company has given me their overarching insurers details and policy number. They have said to me to get in contact with them - is that right?
In the meantime, I've been informed by my uncle a cycling coach who has had a few scraps in the past with cars, to go to the local bike shop and obtain an itemised quote for replacement of the frame (which could have suffered stress fractures), set of wheels (front took the impact along with fork) handlebars (stress fractures), brake levers, pedals (axed stress) fork (stress) bar tape, cables, helmet, clothing and labour costs.
I am insured up the value of £2K almost, under a New for old policy
If the bicycle is totally destroyed or stolen replacement will be based on the sum insured
value or new market value if less as detailed in the Policy Schedule.
Bicycle Sum Insured: £1672
Accessories:
Time iClic Racer Pedals, White
Cateye Single Shot Plus, Light
Smart Lunar R1, Light
Smart Lunar R1, Light
Zefal Swan Mudguard Set (Front & Rear)
Total Accessories Insured: £262
Total Sum Insured: £1934
Re: Accident with rental car - advice please
Our 'too good to lose' board has a thread on instructing a lawyer. viewtopic.php?f=1&t=49627 While not everything there will be relevant for you, some things will be, and others might at least be useful.
“In some ways, it is easier to be a dissident, for then one is without responsibility.”
― Nelson Mandela, Long Walk to Freedom
― Nelson Mandela, Long Walk to Freedom
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- Joined: 9 Jan 2007, 2:44pm
Re: Accident with rental car - advice please
If you feel you have a claim against the driver - and it sounds as though you do - and if you need advice, the only worthwhile anybody on here can give you at this stage is to contact a decent solicitor. If you are a member of the CTC, that's part of the membership. If you aren't there are still plenty of personal injury lawyers around and you need one with experience of cycling-related claims. Afaik, any decent lawyer will listen to you for free for a few minutes to tell you whether you are flogging a dead horse or whether you have a decent claim.
Her's something I prepared earlier.
viewtopic.php?f=1&t=49627
Her's something I prepared earlier.
viewtopic.php?f=1&t=49627
Re: Accident with rental car - advice please
I would contact your insurers and leave it with them to deal with the other party's insurers. You'll want to do that anyway so that if something happens such that you will not be re-imbursed by their insurers, you'll want to claim off yours. So best tell them now and let them sort it out for you. My experience is that insurance companies will give private individuals a right royal run around in the hope they will give up through fear of what might happen or sheer frustration of getting nowhere. They treat each other differently.
Re: Accident with rental car - advice please
ltimothy wrote:I have the vehicle registration number. The rental car company has given me their overarching insurers details and policy number. They have said to me to get in contact with them - is that right?
I don't think so. If you are insured, contact your insurer before you speak to theirs. Your insurer will look after your interests, whereas their insurer will look after their customer and try to avoid incurring any expense they can avoid. If your insurance doesn't cover this then, in theory, I think your claim is against the other driver and it's up to them whether they claim against their insurance (which they probably will). I couldn't find anything on the CTC site but here's a guide on BikeRadar: http://www.bikeradar.com/news/article/w ... nt--37117/
MJR, mostly pedalling 3-speed roadsters. KL+West Norfolk BUG incl social easy rides http://www.klwnbug.co.uk
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All the above is CC-By-SA and no other implied copyright license to Cycle magazine.
Re: Accident with rental car - advice please
Thank you everyone for your very insightful and helpful replies.
I will get a quote from the bike shop today, and try and handle it through my insurer. I have spoken to the drivers insurer, who it turns out is Aviva, and they have said they will get in contact with their client and then come back to me with a response. I am not expecting to get anything from them, and hope to be able to pursue this through my insurer - but there goes my insurance premium I presume if my claim is successful!..
I will get a quote from the bike shop today, and try and handle it through my insurer. I have spoken to the drivers insurer, who it turns out is Aviva, and they have said they will get in contact with their client and then come back to me with a response. I am not expecting to get anything from them, and hope to be able to pursue this through my insurer - but there goes my insurance premium I presume if my claim is successful!..
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- Location: Londinium
Re: Accident with rental car - advice please
Disclaimer: I am no expert and this does not constitute legal advice.
I've read and re-read your first post. You say "outside lane" but when I look on Streetview I see only a single carriageway in each direction. This would suggest to me that you were filtering past stationary traffic, on its outside perhaps.
Take legal advice before you submit a statement to the other party's insurance because when I did a Bike Safe (motorbikes) day with the London Met one of the questions which came up was 'who's fault is it if a car pulls out on you when you are filtering'. The copper (and of course the average copper is no legal expert either) told us most insurance companies won't try to apportion blame and will just settle 50/50. Even if you are 100% the victim.
Because you have insurance the other party's insurer will want to do this. They might even start off trying to claim the whole amount off your insurer by claiming you initiated a dangerous overtake which went wrong. The merest scrape to a car can easily add up to thousands, especially if they can say several panels have been hit. Remember they are protecting their interest and truth and justice don't come into it.
You might be better not mentioning your insurance, unless you don't mind settling 50/50.
Furthermore, if you have a motor policy this would probably fall under the definition of a 'notifiable event' and will affect your premium.
I'm sorry for your trouble and hope you get it sorted without too much pain.
I've read and re-read your first post. You say "outside lane" but when I look on Streetview I see only a single carriageway in each direction. This would suggest to me that you were filtering past stationary traffic, on its outside perhaps.
Take legal advice before you submit a statement to the other party's insurance because when I did a Bike Safe (motorbikes) day with the London Met one of the questions which came up was 'who's fault is it if a car pulls out on you when you are filtering'. The copper (and of course the average copper is no legal expert either) told us most insurance companies won't try to apportion blame and will just settle 50/50. Even if you are 100% the victim.
Because you have insurance the other party's insurer will want to do this. They might even start off trying to claim the whole amount off your insurer by claiming you initiated a dangerous overtake which went wrong. The merest scrape to a car can easily add up to thousands, especially if they can say several panels have been hit. Remember they are protecting their interest and truth and justice don't come into it.
You might be better not mentioning your insurance, unless you don't mind settling 50/50.
Furthermore, if you have a motor policy this would probably fall under the definition of a 'notifiable event' and will affect your premium.
I'm sorry for your trouble and hope you get it sorted without too much pain.
Re: Accident with rental car - advice please
I suggest you also report the incident to the police. The driver may already done so.
Re: Accident with rental car - advice please
I waited in the police station today for over an hour to hand in the completed incident report form...
I haven't yet submitted my claim to the insurers. Partly because I don't have any witnesses to the event, yet (apart from the drivers details and their pasenger). I need to provide two witnesses...
But there's one bit of the form I'm not sure about. It's this bit:
STATEMENT OF CLAIM.
Now I bought the bike for £1100, but insured it for £1600, knowing that I would make alterations to it.
These alterations are along of lines of:
pedals
bar tape
new cables
new front derailleur
bottle cages
seat stem
seat post
wheels
etc..
In my schedule I've got the bike to the value of £1600 and accessories including some lights and mudguard (no helmet or clothing) up to £200. So I'm entirely sure what to put under in the statement of claim. The bike will go down as £1100 and the upgrades, not listed, can they go down too?
I've been to one independent bike shop who has given me a £1400 quote for cost to replace like for like as bike frame irreparable.
I haven't yet submitted my claim to the insurers. Partly because I don't have any witnesses to the event, yet (apart from the drivers details and their pasenger). I need to provide two witnesses...
But there's one bit of the form I'm not sure about. It's this bit:
STATEMENT OF CLAIM.
- FULL DESCRIPTION OF ITEM
NAME AND ADDRESS OF OWNER
DATE WHEN BOUGHT OR RECEIVED
WHERE BOUGHT, OR IF A PRESENT, NAME AND ADDRESS OF DONOR
COST PRICE WHEN PURCHASED
AMOUNT CLAIMED
Now I bought the bike for £1100, but insured it for £1600, knowing that I would make alterations to it.
These alterations are along of lines of:
pedals
bar tape
new cables
new front derailleur
bottle cages
seat stem
seat post
wheels
etc..
In my schedule I've got the bike to the value of £1600 and accessories including some lights and mudguard (no helmet or clothing) up to £200. So I'm entirely sure what to put under in the statement of claim. The bike will go down as £1100 and the upgrades, not listed, can they go down too?
I've been to one independent bike shop who has given me a £1400 quote for cost to replace like for like as bike frame irreparable.
Re: Accident with rental car - advice please
For one thing you won't pay any excess if they are at fault (Or you shouldn't), whilst it has never effected me presonally most 'Not at fault' claims means your premium does go up (certainly in the motor industry) you end up paying more the following year than if no claim had been made, you could in theory ask for an amount to cover that increase in premium as a financial 'loss' to be added onto the list of other out of pocket costs.
Re: Accident with rental car - advice please
Your claim is against the driver and you are agreeing to help them by going through their insurance company.
If you get messed about to much just write to the driver and tell them you intend to recover all costs direct from them, send a letter to their insurance company as a matter of courtesy.
Only do this if you are sure that they can not blame you and are prepared to go to the small claims court.
TC gave the good advice of get a solicitor.
If you get messed about to much just write to the driver and tell them you intend to recover all costs direct from them, send a letter to their insurance company as a matter of courtesy.
Only do this if you are sure that they can not blame you and are prepared to go to the small claims court.
TC gave the good advice of get a solicitor.
Keith Edwards
I do not care about spelling and grammar
I do not care about spelling and grammar
Re: Accident with rental car - advice please
Edwards wrote:Your claim is against the driver and you are agreeing to help them by going through their insurance company.
If you get messed about to much just write to the driver and tell them you intend to recover all costs direct from them, send a letter to their insurance company as a matter of courtesy.
Only do this if you are sure that they can not blame you and are prepared to go to the small claims court.
TC gave the good advice of get a solicitor.
I've spoken to their insurance company and the driver is disputing the events. The driver is claiming they indicated and that was perfectly sufficient notice. My claim is that the row of cars was tight and stationary, it would be difficult to cycle along and check every single car indicator, and that the car was making an irregular turn, almost an 80 degree turn up a one way street.
When I spoke to their insurance company, they admitted over the phone that it is an irregular turn. I am sure that 80% of vehicles drive straight along that road and only 20% (if that) make that turn. They said it's a 50-50 case really, and that they're not prepared to do anything about it. So I have said too them they will hear from my solicitor, which I guess this means they are prepared to go to court over this.
I am, as of the morning of the incident, a member of british cycling, and have been in contact with their solicitor. They have advised me to speak to the insurance company initially (which I have done) and see what they say about claiming through them. I have phoned back the solicitor to find out what the next steps are. If I was to go through the solicitor route, it would cost me £80 to instruct them initially, and then whatever costs attached to that. Or, I could pursue this through my insurance company.
I am still not entirely sure what to do. Any more advice?