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PostPosted: Sat May 03, 2008 9:32 pm 
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Joined: Sat Mar 10, 2007 7:17 pm
Posts: 1024
Location: Antwerp
hi guys

today me and the girlfriend were hit off the bikes by a driver totally in the wrong.
He was trying to overtake us, we were riding not two abreast, but more like 1.5 abreast, which is allowed. My girlfriend was sat just to the left of my back wheel in a head/cross-wind. Anyway, we were riding along and suddenly screech, a car behind slams into the side/back of my girlfriend at a pretty high speed, and then the car and girlfriend hit me.
What this idiot in the car was driving so fast along a quiet lane for is beyond me. It was a solid white line, therefore he cannot cross it as it was a blind corner ahead. So, this guy was over the line, I know this, as I saw his skid marks(15-20m in length) and the left hand side set of wheels are on the other side of the road. The reason he skidded and crashed into us was that a car emerged from the blind corner.... and he wanted to avoid it, so ploughed into us.
we both have cuts grazes, scratches etc. my girlfriend looked in a real bad way at the time, and i was very concerned about her back. It was a large impact and in 16 years of racing and training on the road, this is the first time I've had something of this kind happen to me.
the "Policia Local" came, as did an ambulance which took us to be x-rayed etc. they were very helpful at this time and the treatment was somewhat of a shock to be brutally honest.
later we spoke to the police and tried to basically see about getting compensation from the driver for damages to us and the bikes, they weren't particularly helpful. Just shrugging their shoulders... and not really answering the question.
Has anyone else had a similar situation in Spain before? and can they offer any advice. I don't speak that much Spanish, and my girlfriend speaks conversational etc, but this is quite a technical matter so we are a bit lost.... any help would be fantastic at this traumatic time.

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PostPosted: Sun May 04, 2008 1:03 am 
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Joined: Tue Sep 05, 2006 4:35 pm
Posts: 2213
glad you're both in one pieces

had similar case when a friend - during a hitchhiking trip he got hit by a motorcyclist.

anyway, what you have to do is contact your embassy asap. they should take care of everything given you're both in sorta shock, i mean legal advice, help with paper stuff, tranlation etc.. or at least tell you what to do.

the insurance company (if you bought any insurance but i hope you have) - call them asap as well. it's due to any hospitalization costs that may arise.

another VERY important issue - the driver's policy - based on a police report (be sure he is found guilty of any sort) you contact with his insurance company as he has an obligatory 'auto casco' sort of thing. usually you get up to 14 days to do it since medical treatment ends. it's the basis to cover your losses - it's best to do it via a lawyer, but really depends on what company he has his policy in and what policy you have (maybee yours can handle it)

but the embassy or at least a consulate is the first place to call

hope you both get well soon

 Post subject:
Posted: Sun May 04, 2008 1:03 am 

 Post subject:
PostPosted: Sun May 04, 2008 6:38 am 

Joined: Mon Oct 31, 2005 7:11 pm
Posts: 1229
Location: Out there
British Cycling membership has legal benefits that help when in overseas accidents - I take it you are a member???

Give them a call and they'll sort it all out for you.

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PostPosted: Mon May 05, 2008 5:53 am 
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Joined: Tue Feb 05, 2008 7:08 am
Posts: 2215
Location: Seattle ZOO - AfterReceivingComplaints, MyAvatarIsNowChanged. IGiveYouMySexyMug.
I'm really glad to hear you and your GF are OK. I hope you both heal quickly and get compensation from that irresponsible driver.

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PostPosted: Tue May 06, 2008 3:54 pm 
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Joined: Wed Nov 15, 2006 10:01 pm
Posts: 2914
Location: london
damn dude cant help but wish you both the best!


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PostPosted: Tue May 06, 2008 7:12 pm 
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Joined: Tue Sep 06, 2005 1:33 am
Posts: 3468
Location: Hamilton, Canada
dunno what is up with Spanish drivers, but this case indicates that compensation is going to be difficult:




Google: Results 1 - 20 of about 88,500 English pages for _doping_, _cycling_ and _denies_. (0.33 seconds)

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PostPosted: Wed May 07, 2008 10:58 pm 
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Joined: Sun Feb 12, 2006 2:27 am
Posts: 1227
Location: Grosse Pointe, MI
Well, the drivers may be nuts but at least Spanish public opinion made itself heard for decency and sense.

Sorry you guys were hit; hope you recover quickly.

I have to say I'm a bit surprised: When I rode around Girona in '06, I found the Spanish drivers to be extra accommodating to cyclists. As compared to France last Summer where the drivers were nuts.

"I can't understand why people are frightened by new ideas. I'm frightened of old ones." -- John Cage

http://weightweenies.starbike.com/phpBB ... 928#126928

 Post subject:
PostPosted: Thu May 08, 2008 10:22 am 

Joined: Thu Feb 03, 2005 9:28 pm
Posts: 87
Hey hope you both start to feel better Mate and hope you can recover the costs of the bikes.

I am in the same boat pretty much, got hit on a RA whilst TT'ing on Sunday morning.

 Post subject:
Posted: Thu May 08, 2008 10:22 am 

 Post subject:
PostPosted: Wed May 21, 2008 1:51 pm 

Joined: Tue Jan 11, 2005 11:40 pm
Posts: 863
Location: Eire
Jay Cee - I don't think Doc Ray's post is particularly relevant to your situation. In your case you were hit from behind so the question of who was at fault is much less of a grey area than what is reported in the other case.

If you want to pursue it, you will probably need a Spanish lawyer though. If you are going to do that, I wouldn't hang around though as the evidence from the accident scene would proabably be fairly crucial since, in the absence of any witnesses, its going to be your word against the drivers.

Mind you, other than his arguing that you suddenly swerved in front of him its hard to see how he could not be found to be at fault.

Sorry to hear about your accident - I was very nearly totalled the other day by an out of control youth understeering onto the wrong side of the road on a blind bend. Fortunately there was a ditch to escape into.

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