Hit by a car while cycling. Advice?

chodadog said:

Hi.

On Tuesday night, i was hit by a car while i was passing through a roundabout. I'm just looking for some advice on what to do. He was in the wrong. It was in the evening and had my lights. Met all the legal requiremetns for riding at night. Anyways, he was coming into the roundabout via the street on my left (this is in australia.. riding on the left side of the road.. just an FYI in case this all seemed a bit backwards). He stopped, presumably to give way to me as i had entered the roundabout by the time he had gotten to the line. But then as i was about to ride past him, he move forward and rolled over my front wheel.

There was a witness and she agreed the driver was in the wrong.

The bike is a write-off. Both wheels are screwed, the frame and crankset are twisted. So, i took the bike to the shop i go to (Lifecycle by the Normanby 5 way) and they've done up an insurance quote for me. All i've done so far is email the guy scanned images of the quote which i'm assuming he will print out and pass onto his insurer. The girl who saw what happened had to leave right after, so i wasn't able to get a statement at the scene, but i should be able to get it in the morning. Other than that, is there anything else i can do?

I've never been in this situation and i'm worried about how long it'll take to get the replacement bike. Has anyone here had bad experiences with insurers when it comes to bikes or is it usually a pretty straightforward process?

First thing - let the police know there was an incident, they will assist in getting details

Second: Don't deal with the guy, make sure you go straight to his insurers. Provide them with your statement, pictures and the contact details of your witness.

Third: take into account costs incurred as a result of the inconvenience, e.g time off work, damaged clothes, alternative travel arrangements etc etc KEEP ALL RECEIPTS!! You should claim for all this as well.

These things can take time depending on what all the various statements say. If he admits fault, it'll be quick, if not, then your witness will have to get involved and hopefully it won't go as far as court.

Dan

Whatever way it's a pain in the [censored].

Will definitely keep receipts for alternative transport to class. Thanks for the tip, i'll give him a call tomorrow and ask for his insurance details. If he doesn't give them to me, then i guess i can call the police and have them get the details for me.

He seemed to acknowledge fault when it happened, apologised profusely, etc, but i guess that'll change when he's faced with his $700 excess bill on the insurance claim (young driver).

In California, one is required to provide drivers license and insurance info when involved in an incident. I don't know about Australia.

Don't be surprised when he denies responsbility. It happens quite often that the driver who apologizes, etc. later changes his/her story after having a chance to review what happened on THEIR forums 🙂, check with their buddies and or lawyers or insurance agents, and start to try to wiggle out, or as golfers say, try to improve their lie!

I had this exact thing happen not long ago. The woman who changed lanes in a turn grazed my car, admitted what had happened on the scene, so I did not call the police. A companion was with her, and he and I agreed on what had happened; he seemed to be on my side. Well, her insurance co refused the claim, told me she said it was my fault. They made some procedural mistakes, like claiming a full thorough investigation before they had seen my written statement or talked to me. They were stupid, I was lucky, and I got paid. Be tough minded, determined, document everything, even phone calls, date time, who you spoke to, what was said in as much detail as possible, write letters confirming the details..., etc.

If you suffered any injuries to your person, see a lawyer.

chodadog said:

Hi.

On Tuesday night, i was hit by a car while i was passing through a roundabout. I'm just looking for some advice on what to do. He was in the wrong. It was in the evening and had my lights. Met all the legal requiremetns for riding at night. Anyways, he was coming into the roundabout via the street on my left (this is in australia.. riding on the left side of the road.. just an FYI in case this all seemed a bit backwards). He stopped, presumably to give way to me as i had entered the roundabout by the time he had gotten to the line. But then as i was about to ride past him, he move forward and rolled over my front wheel.

There was a witness and she agreed the driver was in the wrong.

The bike is a write-off. Both wheels are screwed, the frame and crankset are twisted. So, i took the bike to the shop i go to (Lifecycle by the Normanby 5 way) and they've done up an insurance quote for me. All i've done so far is email the guy scanned images of the quote which i'm assuming he will print out and pass onto his insurer. The girl who saw what happened had to leave right after, so i wasn't able to get a statement at the scene, but i should be able to get it in the morning. Other than that, is there anything else i can do?

I've never been in this situation and i'm worried about how long it'll take to get the replacement bike. Has anyone here had bad experiences with insurers when it comes to bikes or is it usually a pretty straightforward process?

As you can tell by the replies there will be a common theme. As usual an at fault driver at the scene will always appologies and sometimes claim responsibility, but when they get the quote for repairs (they expect repairing a bike will only cost $100 or so) they quickly change their story. Like the other replies here I've had the same problem.

Here's what I now know to do.

1. Ask for the all the drivers details, get the car make and model, the place of the accident, time etc. Depending on the state of the driver, helpful, argumentitive or even drunk, you may need to call the police to the scene. If you are not in the wrong and the driver flat out denies resposibility definately call the police and let them sort it out. You'd be suprised how helpful they become when the police arrive ! Police will not alway come to a MVA, but will more often to an MVA involving a cyclist.

2. If there are any witnesses' get their contact details. Ask them if they can jot down what they saw when they get home and you'll contact them later to get a full statement. (don't make this out to be a full legal thing though, it might scare them off) It's better to have a witness think you'll need them, then to contact them a week later when everything has gone pair shaped and they say they cant remember.

3. As soon as you possibly can (if your not being carted away in an ambulance) go to the nearest police station, tell them you've been involved in a MVA and you want to make a statement. This makes it legal and a lot harder for the driver to deny. It also helps if you need to go to court. They'll take all the details (this is why you need street names, time, and car make and model).

4. Get yourself checked out medically. If you were knocked off your bike you might have bruises, cuts, sprains, aches, god forbit broken bones. You'll need to get a medical exam with 24 hours of the accident for it to have any legal effect.

5. Get a quote for the damages to the bike. Don't forget to include shoes, helmet, and bike gear (knicks and jersey) basically anything that was damaged. It's important to not that the structual integrity of a helmet may be compromised and you wont be able to see it (it's damaged on the inside) therefore if the helmet hit the ground it has to be included in the cost. If there is any arguements don't worry this will hold up in court. (been there, done that)

6. If you dont have the insurance details of the driver contact them as soon as possible. You dont need to wait until your quote is done to get this information, after all the driver only needs to pay the excess so the total cost should be irrelivent to them. If they are combative and wont give you out the details, call the police station where you gave your report and they'll get the details for you.

7. Write a letter of demand to the insurance company. This is where details are important. Spell out everything that occurred and all of the consequences. Sometimes depending on the severity of the accident or the costs involved its pays to have a laywer draw this up. That's not to say that you cant do it yourself, just that if you've got a driver that refuses to admit responsibility if the letter is legally drafted the insurance company is less likely to try and fight it. The insurance company will send you a reply letter, stating they will investigate and process. It pays to call them up and ask about process of the claim, that way you'll have an idea of where everything is at.

Once you get to this stage you're at the mercy of the insurance companies for a while. Depending on an admission of guilt from the driver the claim can take from as little as 2-3 weeks to 6 months.

During the time your waiting for your reply from the insurance company and subsequent payout. Make a not of any lost income, additional travel expenses, "loss of activity" (if your a bike rider and you have no bike then you life is worse off for having been in the accident, same as if you are medically disadvantaged).

The insurance company in most cases will only cover the repairs you stated to the bike, they wont compensate you for any lost income or other related factors. This is where you can make a civil claim. Claim for lost of income, activity etc. I wouldn't recommend this unless you absolutely feel you've genuinely missed out because of the accident. This needs to be handled by laywer and they charge a large fee and everything you claim has to be justified. Still there is that avenue.

Hope this Helps

Fraggle

In the US, if there is any property damage or any injury, then you should call the police. Neither party should leave the scene until the police arrive and take statements from both parties. Without a police report, insurance companies are not likely to do anything.

Even if the damage or injury was to the other party and the other party admitted that he was in the wrong, you should insist on a police report. That is the only way to defend yourself if the other party later tries to collect damages from you.

RickF said:

In the US, if there is any property damage or any injury, then you should call the police. Neither party should leave the scene until the police arrive and take statements from both parties. Without a police report, insurance companies are not likely to do anything.

Even if the damage or injury was to the other party and the other party admitted that he was in the wrong, you should insist on a police report. That is the only way to defend yourself if the other party later tries to collect damages from you.

Unless the police decide they don't have the time to deal with it. They have to prioritize, and sometimes there is just no way they can respond to every minor accident.

I was involved after the fact (heard the crunch) in one incident where the police would not send out a unit unless an injury was involved...

But, I would agree that the police should be called, if they do respond their reports carry significant weight.

dgregory57 said:

Unless the police decide they don't have the time to deal with it. They have to prioritize, and sometimes there is just no way they can respond to every minor accident.

I was involved after the fact (heard the crunch) in one incident where the police would not send out a unit unless an injury was involved...

But, I would agree that the police should be called, if they do respond their reports carry significant weight.

You can file a police report at the station if they don't come to the scene. I've done this a couple times and although it didn't turn out to be necessary, it might have helped if the drivers tried to change their story.

DiabloScott said:

You can file a police report at the station if they don't come to the scene. I've done this a couple times and although it didn't turn out to be necessary, it might have helped if the drivers tried to change their story.

Just had a lovely stroke of luck. I called the guy and found out who is insurance company was and it's the company that my best friend of 10 years works at in the insurance claims department. So i gave him a call and he said he'd personally handle it.

So, all is well.

Thanks for all of the advice.

I would still put in the police report. They may not do anything, but a least the accident satistics will be accurate

jcjordan said:

I would still put in the police report. They may not do anything, but a least the accident satistics will be accurate

Yeah, i think i'll do that just to be extra safe.

One other question though. What happens to the written off bicycle? As far as i know, all of the componentry except for the crankset is fine. The seat post, rear tyre, handlebars, stem, etc are also all probably fine. Just figure some of the parts could be used to upgrade my brother's bike here and there. Do they sell off the non damaged parts or what?

You seem to be taking this accident too lightly. You still haven't contacted the police. That should be at the top of your list, unless you had to go to hospital. Call the police. They know what to do. You need all the help you can get. Don't do this on your own. You can use some help. The next day the driver will be covering his butt, so get the police involved, get an accident report to make this an official accident. Until there is an actual statement and written up accident report- you have nothing. Get it on paper as soon as possible. Protect yourself and your property. This guy ran into you with his car. I repeat- this guy ran into you - he HIT YOU WITH HIS CAR, do you want to shake his hand or congratulate him? I think you are still in shock. You are lucky to be still walking! You might have been dead in an other situation. Do not take this lightly. This is a serious matter. Don't take it lightly. You now have no bike. You have been really put into a bad situation and you will be inconvenienced for a long time to come, He hit you. Don't just stand here doing nothing. Go for it! He was wrong , he was wrong to hit you on your bike, Good luck!

Fraggle said:

As you can tell by the replies there will be a common theme. As usual an at fault driver at the scene will always appologies and sometimes claim responsibility, but when they get the quote for repairs (they expect repairing a bike will only cost $100 or so) they quickly change their story. Like the other replies here I've had the same problem.

Here's what I now know to do.

1. Ask for the all the drivers details, get the car make and model, the place of the accident, time etc. Depending on the state of the driver, helpful, argumentitive or even drunk, you may need to call the police to the scene. If you are not in the wrong and the driver flat out denies resposibility definately call the police and let them sort it out. You'd be suprised how helpful they become when the police arrive ! Police will not alway come to a MVA, but will more often to an MVA involving a cyclist.

2. If there are any witnesses' get their contact details. Ask them if they can jot down what they saw when they get home and you'll contact them later to get a full statement. (don't make this out to be a full legal thing though, it might scare them off) It's better to have a witness think you'll need them, then to contact them a week later when everything has gone pair shaped and they say they cant remember.

3. As soon as you possibly can (if your not being carted away in an ambulance) go to the nearest police station, tell them you've been involved in a MVA and you want to make a statement. This makes it legal and a lot harder for the driver to deny. It also helps if you need to go to court. They'll take all the details (this is why you need street names, time, and car make and model).

4. Get yourself checked out medically. If you were knocked off your bike you might have bruises, cuts, sprains, aches, god forbit broken bones. You'll need to get a medical exam with 24 hours of the accident for it to have any legal effect.

5. Get a quote for the damages to the bike. Don't forget to include shoes, helmet, and bike gear (knicks and jersey) basically anything that was damaged. It's important to not that the structual integrity of a helmet may be compromised and you wont be able to see it (it's damaged on the inside) therefore if the helmet hit the ground it has to be included in the cost. If there is any arguements don't worry this will hold up in court. (been there, done that)

6. If you dont have the insurance details of the driver contact them as soon as possible. You dont need to wait until your quote is done to get this information, after all the driver only needs to pay the excess so the total cost should be irrelivent to them. If they are combative and wont give you out the details, call the police station where you gave your report and they'll get the details for you.

7. Write a letter of demand to the insurance company. This is where details are important. Spell out everything that occurred and all of the consequences. Sometimes depending on the severity of the accident or the costs involved its pays to have a laywer draw this up. That's not to say that you cant do it yourself, just that if you've got a driver that refuses to admit responsibility if the letter is legally drafted the insurance company is less likely to try and fight it. The insurance company will send you a reply letter, stating they will investigate and process. It pays to call them up and ask about process of the claim, that way you'll have an idea of where everything is at.

Once you get to this stage you're at the mercy of the insurance companies for a while. Depending on an admission of guilt from the driver the claim can take from as little as 2-3 weeks to 6 months.

During the time your waiting for your reply from the insurance company and subsequent payout. Make a not of any lost income, additional travel expenses, "loss of activity" (if your a bike rider and you have no bike then you life is worse off for having been in the accident, same as if you are medically disadvantaged).

The insurance company in most cases will only cover the repairs you stated to the bike, they wont compensate you for any lost income or other related factors. This is where you can make a civil claim. Claim for lost of income, activity etc. I wouldn't recommend this unless you absolutely feel you've genuinely missed out because of the accident. This needs to be handled by laywer and they charge a large fee and everything you claim has to be justified. Still there is that avenue.

Hope this Helps

Fraggle

Regarding my previous post- sorry I got so excited. I receive the Google Alerts re: bicycling and everyday there are reports about bicycle/vehicle accidents. It is all too common. Sorry I got carried away.You asked for advice, and didn't need my reaction. Sorry about that . Good luck and all the best to you!

Fraggle said:

As you can tell by the replies there will be a common theme. As usual an at fault driver at the scene will always appologies and sometimes claim responsibility, but when they get the quote for repairs (they expect repairing a bike will only cost $100 or so) they quickly change their story. Like the other replies here I've had the same problem.

Here's what I now know to do.

1. Ask for the all the drivers details, get the car make and model, the place of the accident, time etc. Depending on the state of the driver, helpful, argumentitive or even drunk, you may need to call the police to the scene. If you are not in the wrong and the driver flat out denies resposibility definately call the police and let them sort it out. You'd be suprised how helpful they become when the police arrive ! Police will not alway come to a MVA, but will more often to an MVA involving a cyclist.

2. If there are any witnesses' get their contact details. Ask them if they can jot down what they saw when they get home and you'll contact them later to get a full statement. (don't make this out to be a full legal thing though, it might scare them off) It's better to have a witness think you'll need them, then to contact them a week later when everything has gone pair shaped and they say they cant remember.

3. As soon as you possibly can (if your not being carted away in an ambulance) go to the nearest police station, tell them you've been involved in a MVA and you want to make a statement. This makes it legal and a lot harder for the driver to deny. It also helps if you need to go to court. They'll take all the details (this is why you need street names, time, and car make and model).

4. Get yourself checked out medically. If you were knocked off your bike you might have bruises, cuts, sprains, aches, god forbit broken bones. You'll need to get a medical exam with 24 hours of the accident for it to have any legal effect.

5. Get a quote for the damages to the bike. Don't forget to include shoes, helmet, and bike gear (knicks and jersey) basically anything that was damaged. It's important to not that the structual integrity of a helmet may be compromised and you wont be able to see it (it's damaged on the inside) therefore if the helmet hit the ground it has to be included in the cost. If there is any arguements don't worry this will hold up in court. (been there, done that)

6. If you dont have the insurance details of the driver contact them as soon as possible. You dont need to wait until your quote is done to get this information, after all the driver only needs to pay the excess so the total cost should be irrelivent to them. If they are combative and wont give you out the details, call the police station where you gave your report and they'll get the details for you.

7. Write a letter of demand to the insurance company. This is where details are important. Spell out everything that occurred and all of the consequences. Sometimes depending on the severity of the accident or the costs involved its pays to have a laywer draw this up. That's not to say that you cant do it yourself, just that if you've got a driver that refuses to admit responsibility if the letter is legally drafted the insurance company is less likely to try and fight it. The insurance company will send you a reply letter, stating they will investigate and process. It pays to call them up and ask about process of the claim, that way you'll have an idea of where everything is at.

Once you get to this stage you're at the mercy of the insurance companies for a while. Depending on an admission of guilt from the driver the claim can take from as little as 2-3 weeks to 6 months.

During the time your waiting for your reply from the insurance company and subsequent payout. Make a not of any lost income, additional travel expenses, "loss of activity" (if your a bike rider and you have no bike then you life is worse off for having been in the accident, same as if you are medically disadvantaged).

The insurance company in most cases will only cover the repairs you stated to the bike, they wont compensate you for any lost income or other related factors. This is where you can make a civil claim. Claim for lost of income, activity etc. I wouldn't recommend this unless you absolutely feel you've genuinely missed out because of the accident. This needs to be handled by laywer and they charge a large fee and everything you claim has to be justified. Still there is that avenue.

Hope this Helps

Fraggle

Good advice, the only problem is that after a prang, its so difficult to think logically when you're shocked and adrenalin is coursing through your veins. Perhaps it would be a good idea to keep a small card in your wallet with a checklist of things to do in an incident

Hmmmm. Seems like maybe you shouldn't of tried passing him. I wonder if you were in his blind spot. I kind of really pay attention when cars are around. Passing them if in a situation like is something I don't bother with. I wait for them. I mean they might not see you. I usually make some kind of eye contact if the area is busy. If they are looking in another direction or not paying attention. It is very easy for a motorist to not see a pedestrian or bicycle. They are very often focusing on other things.
So, hopefully that all worked out for you. Sounds pretty rough. I'm not saying you were wrong and they were right. Nobody wants to hit another person while riding in a car. Lol I hope. But I'm sure they were just as upset about it as you even though they were much safer in the car. You just don't have as much protection as they do so it's really crucial to seriously anticipate situations. Bikes are to the back side of cars and there is that blind spot area to be thinking of when approaching. I always let them go ahead. It is just not worth it.

There's not much you can do. If you put it into insurance and got a quote, that's that. Hopefully he paid for the damages.