seeking advice re. hit by car

[Sammy B]

Hi all,

I was cycling home today with usual 5w VitaLite on front and flashing red
LED on back up the main road.

Car pulls out of side road straight into the side of my bike leading to sore
leg, very bent front wheel and bent rear wheel.

Driver is very nice and apologetic and gives me her details saying to give
her a call and she will pay for the damage when she gets paid at the end of
the month.

I ws just wondering if anyone had been in a similar situation and could
advise what best to do next.

Get the wheels straigntened or get new wheels?
Do i need to report this to the police?
Do i get the money off the driver or go through the insurance company?

Thanks for any help,

Sam

 

[Richard Bates]

On Wed, 12 Jan 2005 17:59:35 +0000 (UTC), "Sammy B"
<[email protected]> wrote:

>Hi all,
>
>I was cycling home today with usual 5w VitaLite on front and flashing red
>LED on back up the main road.

Well, your rear light is technically not-legal. I'm not sure about
your front one, but anyway that's beside the point...

>Car pulls out of side road straight into the side of my bike leading to sore
>leg, very bent front wheel and bent rear wheel.

>Driver is very nice and apologetic and gives me her details saying to give
>her a call and she will pay for the damage when she gets paid at the end of
>the month.

Did she by any chance say, "Sorry, Mate I Didn't See You"?

>I ws just wondering if anyone had been in a similar situation and could
>advise what best to do next.
>
>Get the wheels straigntened or get new wheels?

Let a competent mechanic decide this. if you are charged extra for
this assessment then get a receipt for the labour. The car driver
should pay for this, if she has admitted being at fault.

>Do i need to report this to the police?

Yes. You have a sore leg, therefore an injury has occurred. Even if
your injury seems minimal, you should be checked over by a doctor. If
your leg dropped off tomorrow, you won't have a leg to stand on
(excuse the pun).

An injury has occurred which means that the police MUST be informed.

>Do i get the money off the driver or go through the insurance company?

Either. I'd go after her first. If she fails to pay up then go via her
insurance. If you go via her insurance, it may make your claim more
defendable if the police are aware.

>Thanks for any help,

Are you in the CTC? For less than £30 per year you get access to a
legal team who will help you sort this sort of thing out.

But get those lights sorted ... there have been discussions on here
indicating that cyclists in "accidents" who are using illegal lights
may get partial blame (contributory negligence).


--
Amazon: "If you are interested in 'Asimov's I-Robot',
you may also be interested in 'Garfield - The Movie'.
... erm, how do they figure that one out?

 

[Richard]

Sammy B wrote:
> Get the wheels straigntened or get new wheels?

It depends if they're a little bit bent or a lot bent. If the latter,
then the spokes are likely to be badly stressed (also possibly the rim
and the hub) and could easily fail the next time you hit a piffling
pothole. Probably not catastrophically, but you never know. I had a
badly bent wheel that some drunken dork had stamped on. I decided to
use it for wheel-straightening practise. I got it more or less
straight, but two weeks later two spokes snapped. I took it to a bike
shop and the guy snapped six more spokes trying to tension it, and we
agreed to give up on it.

> Do i need to report this to the police?

By law it's required within 24 hours, as you have suffered injury.

> Do i get the money off the driver or go through the insurance company?

The former may be quicker, /if/ she pays up. However she may have
second thoughts when she finds out how much a decent pair of wheels
costs (and make sure the frame isn't bent. I once had a low speed
collision with a bollard once (not looking where I was going - mea
culpa), picked myself up and cycle off. It was only when I got home and
had a thorough check over of the bike that I noticed the rear
triangle was shifted sideways. And so to get back to your point - when
presented with the full bill, she may turn round and say the accident
never happened, or you're trying it on, or whatever. The insurance
company route is safer, if longer.

Good luck.

R.

>
> Thanks for any help,
>
> Sam
>
>

 

[David Hansen]

On Wed, 12 Jan 2005 17:59:35 +0000 (UTC) someone who may be "Sammy
B" <[email protected]> wrote this:-

>Do i need to report this to the police?

http://www.highwaycode.gov.uk/24.shtml#260 refers

>If you are involved in an accident which causes damage or injury
>to any other person, vehicle, animal or property, you MUST
>
>* stop
>* give your own and the vehicle owner's name and address, and
>the registration number of the vehicle, to anyone having reasonable
>grounds for requiring them
>* if you do not give your name and address at the time of the
>accident, report the accident to the police as soon as reasonably
>practicable, and in any case within 24 hours.
>Law RTA 1988 sect 170

"Sore leg, very bent front wheel and bent rear wheel" means damage
and injury. You are a person and your bike is a vehicle.

Obviously your vehicle does not have a registration number.



--
David Hansen, Edinburgh | PGP email preferred-key number F566DA0E
I will always explain revoked keys, unless the UK government
prevents me by using the RIP Act 2000.

 

[Tony Raven]

Sammy B wrote:
>
> Get the wheels straigntened or get new wheels?

Replace them or at least the rims and spokes (hubs should be OK)

> Do i need to report this to the police?

Whether you need to or not do so. The statements the police took were
the critical factor in the insurance company finally conceding my claim.

> Do i get the money off the driver or go through the insurance company?

It should be the driver. The driver may chose to inform their insurance
company who may take over the handling of the case but its the driver
who is responsible and the insurance company that reimburses the driver.


Tony

 

[Adrian Boliston]

"Richard Bates" <[email protected]> wrote:

> Are you in the CTC? For less than £30 per year you get access to a
> legal team who will help you sort this sort of thing out.

I would prefer to let a third party deal with an RTA claim rather than
having to sort it out myself, especially as their fees should be recoverable
from the other party if they were at fault. There is then less chance of
the guilty party trying to fob you off with a derisory settlement.

 

[Pete Biggs]

Sammy B wrote:
> Hi all,
>
> I was cycling home today with usual 5w VitaLite on front and flashing
> red LED on back up the main road.
>
> Car pulls out of side road straight into the side of my bike leading
> to sore leg, very bent front wheel and bent rear wheel.
>
> Driver is very nice and apologetic and gives me her details saying to
> give her a call and she will pay for the damage when she gets paid at
> the end of the month.

Be careful about accepting anything or having any further communication
for the time being. If she doesn't dispute that she was in the wrong, you
might get more from the driver's insurers, including compensation for your
injury (no matter how minor) and all expenses. You also have the option
of suing the driver.

> I ws just wondering if anyone had been in a similar situation and
> could advise what best to do next.

A cyclist I know very well succesfully got full compensation from the
driver's insurance by "claiming" direct from the company. I will post a
draft of an initial letter you could send, though you should think about
employing a solicitor or taking advice from a specialist. You will need
the driver's insurance company and policy number.

> Get the wheels straigntened or get new wheels?

At least the rims should be replaced if they are damaged. A bike shop
should advise (ask them for a written estimate).

> Do i need to report this to the police?

Yes.

Also photograph any visible injuries and see your GP ASAP to get injuries
officially recorded.

~PB

 

[Pete Biggs]

Sammy B wrote:
> Hi all,
>
> I was cycling home today with usual 5w VitaLite on front and flashing
> red LED on back up the main road.
>
> Car pulls out of side road straight into the side of my bike leading
> to sore leg, very bent front wheel and bent rear wheel.
>
> Driver is very nice and apologetic and gives me her details saying to
> give her a call and she will pay for the damage when she gets paid at
> the end of the month.

Be careful about accepting anything or having any further communication
for the time being. If she doesn't dispute that she was in the wrong, you
might get more from the driver's insurers, including compensation for your
injury (no matter how minor) and all expenses. You also have the option
of suing the driver.

> I ws just wondering if anyone had been in a similar situation and
> could advise what best to do next.

A cyclist I know very well succesfully got full compensation from the
driver's insurance by "claiming" direct from the company. I will post a
draft of an initial letter you could send, though you should think about
employing a solicitor or taking advice from a specialist. You will need
the driver's insurance company and policy number.

> Get the wheels straigntened or get new wheels?

At least the rims should be replaced if they are damaged. A bike shop
should advise (ask them for a written estimate).

> Do i need to report this to the police?

Yes.

Also photograph any visible injuries and see your GP ASAP to get injuries
officially recorded.

~PB

 

[David Martin]

Richard Bates wrote:
> On Wed, 12 Jan 2005 17:59:35 +0000 (UTC), "Sammy B"
> <[email protected]> wrote:

>
>>I ws just wondering if anyone had been in a similar situation and could
>>advise what best to do next.
>>
>>Get the wheels straigntened or get new wheels?

> Let a competent mechanic decide this. if you are charged extra for
> this assessment then get a receipt for the labour. The car driver
> should pay for this, if she has admitted being at fault.
>
>
>>Do i need to report this to the police?

You don't. she does, and as soon as reasonably practicable, and in any
case within 24 hours.

It would however strengthen you case if you did report it.

Of course she may have given you a false name and address. I presume you
saw the insurance certificate?

> Yes. You have a sore leg, therefore an injury has occurred. Even if
> your injury seems minimal, you should be checked over by a doctor. If
> your leg dropped off tomorrow, you won't have a leg to stand on
> (excuse the pun).

>
>>Do i get the money off the driver or go through the insurance company?
>
>
> Either. I'd go after her first. If she fails to pay up then go via her
> insurance. If you go via her insurance, it may make your claim more
> defendable if the police are aware.

Both. You could tell her how much it will be (new wheels, new frame
(possibly), setup and transfer of all the old bits onto the new bike.
She'll want to go through her insurance.

> Are you in the CTC? For less than £30 per year you get access to a
> legal team who will help you sort this sort of thing out.

Top recommendation.


> But get those lights sorted ... there have been discussions on here
> indicating that cyclists in "accidents" who are using illegal lights
> may get partial blame (contributory negligence).

They woudl have one heck of a job to prove that the lights were not
visible, or below the standard specified.

...d

 

[Tony Raven]

David Martin wrote:
>
> It would however strengthen you case if you did report it.
>
> Of course she may have given you a false name and address. I presume you
> saw the insurance certificate?
>

Actually mine did give me a false address and I got no replies to my
letters. But in my report to the police I gave the registration number
and name. The police were then able to confirm the correct address of
the driver and the details of her insurance company and that they had
interviewed both her and the witness. Letters to the driver continued
unanswered and it was clear from the response to the letter to the
insurance company that they had not been told.

So report it to the police - you may live to regret not doing so if,
like in my case, the driver goes silent.

Tony

 

[Adrian Boliston]

"Tony Raven" <[email protected]> wrote:

> David Martin wrote:
>>
>> It would however strengthen you case if you did report it.
>>
>> Of course she may have given you a false name and address. I presume
>> you saw the insurance certificate?
>>
>
> Actually mine did give me a false address and I got no replies to my
> letters. But in my report to the police I gave the registration
> number and name. The police were then able to confirm the correct
> address of the driver and the details of her insurance company and
> that they had interviewed both her and the witness. Letters to the
> driver continued unanswered and it was clear from the response to the
> letter to the insurance company that they had not been told.
>
> So report it to the police - you may live to regret not doing so if,
> like in my case, the driver goes silent.

Hopefully they will get charged with a more serious offence if they give
false details, rather than just being given a "caution" for careless driving
or something like that.

 

[[email protected]]

Sammy B wrote:

> Do i need to report this to the police?

No. RTA S170 requires drivers of motor vehicles to report accidents in
certain circumstances. It does not apply to cyclists or peds.
Iain

 

[PeteC]

Sammy B wrote:

> Do i get the money off the driver or go through the insurance company?

*you* don't do anything. Pass all the information onto your solicitor, and
let them do the work.

agreeing anything with the other party will affect your claim.

Pete.

 

[JLB]

PeteC wrote:
> Sammy B wrote:
>
>
>>Do i get the money off the driver or go through the insurance company?
>
>
> *you* don't do anything. Pass all the information onto your solicitor, and
> let them do the work.
>
> agreeing anything with the other party will affect your claim.

Agreeing something with the other party is not a problem if you
understand what you are doing and the implications of what you agreed.
If the other party makes a satisfactory offer to settle the whole thing
and you agree it, the fact you are giving up your claim is irrelevant;
you have sorted out the problem without the hassle of going to court. It
is also fairly simple to communicate with the other party (or their
representative), to see if you can negotiate a satisfactory agreement,
in a way that avoids any risk of compromising your claim if it ends up
in court. If you know how to go about that you can probably cope without
a solicitor.

Solicitors have their uses but they are not essential. Use one if you
want. Reasons that might point you that way include not wanting to give
up time on this you could better use on something else; uncertainty
about how to proceed; difficult or unusual legal circumstances. You can
also use the threat of going to a solicitor as a bargaining chip. If you
use a solicitor and win your case (or the other side gives in before
court) the other side will pick up your legal costs. It could be in the
interest of the other party to settle without incurring that extra cost.

However, the first time I bought a house I did it without a solicitor
although I had precisely no legal experience or training. On balance I
got a better job than a typical solicitor would provide, but it took up
my time. Similarly, when I had a dispute with a garage about some car
repairs, I did it all myself through small claims court and got a
satisfactory result, although it took quite a lot of my time. I also
extracted compensation from my local council after a pothole finished
off both wheels of the bike I was riding. I do not have a law degree or
any recognised similar legal qualification. I'm just bloody minded,
capable of finding out what I need to do and able to express myself.

--
Joe * If I cannot be free I'll be cheap

 

[Pete Biggs]

Copy of letter to insurance company. A real example, with personal
details blanked out:
=============================
To ...... (motor insurers)
Your insured: ..........
Registration number: ...............
Policy number: ...........
Date of accident: ............ 2004

I am writing to report to you a road traffic accident which occurred on
........... 2004. At approximately 5.30pm. I was riding my bicycle in an
easterly direction along [name of road] when at a point just past the
junction with ........ Road on my nearside I passed your insured's car
which was parked outside a row of shops. As I drew level with the car,
your insured suddenly and without warning opened her driver's door into
the path of my bicycle, striking me with considerably force and causing me
to fall, still astride the bicycle, and land on the road.

The reason why I am alleging fault on the part of your insured is that in
contravention of paragraph 214 of the Highway Code[*] she did not ensure
that she would not hit anyone when opening her door.

As a result of the accident my bicycle was damaged and I sustained
multiple significant bruises which have not yet resolved and a haematoma
to the right lower leg which is still causing me considerable symptoms.

I look forward to receiving your confirmation that liability is not in
dispute in this instance.

For the avoidance of doubt, this letter does not constitute a formal
letter of claim. I will forward details of my financial losses and the
progress of my injuries to you in due course.

Yours faithfully
=============================

Then......
Telephone call received from insurers offering of £600 in total (for
injuries and expenses). Letter subsequently sent refusing this offer and
claiming £900 general damages (for pain, suffering and loss of amenity)
plus special damages (expenses, including bike repair costs) - £1030 in
total. Copies of bills and injury photographs were enclosed. This claim
was accepted and paid by insurers (without prejudice).
=============================

* Quoting law rather than HC is generally better.

~PB

 

[Sammy B]

Thanks for all the advice!

I will go to the police station tomorrow and report the accident then take a
trip to the bike shop to see how much for replacement wheels, as they are
quite bent and I don't see why I should have to risk my wheel falling apart
in the near future for something that is not my fault.

Will then speak to the driver with the quote and hopefully she will b
willing to pay. I took the vehicle reg so the police will hopefully be able
to trace her even if she gave joey details!

Thanks again,

Sam

 

[Peter Fox]

Following on from Sammy B's message. . .
>Thanks for all the advice!
>
>I will go to the police station tomorrow and report the accident then take a
>trip to the bike shop to see how much for replacement wheels, as they are
>quite bent and I don't see why I should have to risk my wheel falling apart
>in the near future for something that is not my fault.

BTW. Cycle accidents are vastly under reported and don't get enough
attention from the highway authorities. For example HA say "we have no
reports of accidents and see no reason why we should ..." By reporting
it to the police it should get put on the accidents database. (STATS19).






--
PETER FOX Not the same since the bra business went bust
[email protected]
2 Tees Close, Witham, Essex.
Gravity beer in Essex <http://www.eminent.demon.co.uk>

 

[Tony Raven]

Pete Biggs wrote:
> Copy of letter to insurance company. A real example, with personal
> details blanked out:
>

I would suggest adding "Without Prejudice" at the top. Then at least if
you do have to go through legal channels they cannot use what you have
written in evidence against you and it gives your solicitor then, if you
have one, more freedom to construct the case without having to worry
because you unwittingly put something unhelpful in that first letter.

Tony

 

[JBB]

"Sammy B" <[email protected]> wrote in message
news:[email protected]...
> Thanks for all the advice!
>
> I will go to the police station tomorrow and report the accident then take
> a trip to the bike shop to see how much for replacement wheels, as they
> are quite bent and I don't see why I should have to risk my wheel falling
> apart in the near future for something that is not my fault.
>
From bitter experience I think it is highly likrly that your frame may be
bent as well so it would be a good idea to get the bike shop to check the
frame alignment.

HTH
Julia>