Hit by a car, advice?

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cccycle
Posts: 24
Joined: Fri Aug 07, 2015 10:39 am

by cccycle

Hi all,

First post for me, so hello!


I was out on my best bike last night and a car pulled across the front of me, I ran straight into it. The driver stopped and we have all the insurance details sorted. Police came etc. It was definitely the drivers fault and I have witnesses, so I won't go into detail about that. I came off with road rash a broken helmet and I have hurt my back, but no broken bones.

I just wondered if anyone has advice about insurance claims, I am not really sure how bad the damage to my bike is. Just interested to hear if you have any advice for things to look for and pass on to the insurance company.


Any help greatly received.

by Weenie


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Stolichnaya
Posts: 2621
Joined: Wed Oct 06, 2004 6:55 pm
Location: Vienna, AUT

by Stolichnaya

Jurisdictions vary so it might be good if you posted where you are located.

If you US-based then Velonews has a running series of articles called 'Legally Speaking with Bob Mionske.'
That might provide some good points.

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mrgray
Posts: 775
Joined: Tue Mar 17, 2015 1:56 am

by mrgray

i guess it depends where. i got mashed in australia. my regret is i didn't get a lawyer involved. apparently, get a lawyer and they will put a "statement of claim" together. this can then be a starting point for a settlement. i got nothing but was insured and so was only out the excess. however the insurance money also replaced a colnago clx with a focus (sort of my fault too for not being tough enough about it) which i wasn't much happy about (rode like a china plate it was so stiff). ended up selling that for around a third the value of the clx. in hindsight if i had pursued it via a lawyer i could have achieved some satisfaction i think.

also whilst i felt very chipper later that day there is no doubt in my mind now (5 years later) that it traumatised me for an extended period. i was off the bike for three years and definitely scared of being on a bike around cars etc. i still flinch when a car is turning onto my road etc. "have they seen me i wonder".

i guess i wouldn't underestimate the impact on you. be over the top now. i was lax, thinking things would be taken care of. they weren't. driver got a ticket but nothing else. i wrote her about the incident, simply seeking some "closure" i suppose. never got a reply. i presume someone advised her not to admit any liability or some junk. i have to admit, sometimes i think about it and it makes me very angry. i wish i had gotten a lawyer and achieved some sort of recompense. i think it would have helped me in getting over it.

just my two cents!
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cccycle
Posts: 24
Joined: Fri Aug 07, 2015 10:39 am

by cccycle

I am based in the UK.

mattr
Posts: 4671
Joined: Fri May 25, 2007 6:43 pm
Location: The Grim North.

by mattr

Are you a BC or CTC member? Give them a call. If not, give them a call anyway. They may be able to help. (You may have to join though)
Home insurance may have some cover, mine did.
Write *everything* down, now. Date it.



Done it yet?


Why not? Get on with it!

What happened, when, where, weather, witnesses. If the drivers insurance decides to be arseholes about it, you might have to go to court. In a year. Or two.
The driver might lie (they do this, quite often).
Judges/Magistrates like people who wrote everything down, memory is unreliable. Insurance company lawyers hate people who write stuff down......
Go to the doctors, also, take photos of injuries. (I had some ace road rash, and massive green/yellow/blue bruises)
Get your bike to a bike shop. You'll get a better payout than if you don't.

I did all that, got about 3 grand. Driver got 5 points and a 1200 quid fine. IIRC one of the penalties is/was one that the points expire, but the offence is permanently on record.

Not bad considering I actually managed to avoid him. Still hit the deck though.

If he'd hit me the CPS would have tried for assault/ABH.

Ellingferd
Posts: 19
Joined: Sun Nov 23, 2014 3:29 pm

by Ellingferd

Get a lawyer and refrain from posting too much more about the specifics of this. I've been through this (broken leg after being t boned by guy who ran a stop sign). Temper your expectations, things get weird in the land of insurance and litigation. Pm me if you have questions. Of course, I am in Seattle, not sure what things are like in other countries.

cccycle
Posts: 24
Joined: Fri Aug 07, 2015 10:39 am

by cccycle

thanks everyone, good tips

mattr
Posts: 4671
Joined: Fri May 25, 2007 6:43 pm
Location: The Grim North.

by mattr

Ellingferd wrote: not sure what things are like in other countries.
massively different.

Broady
Posts: 678
Joined: Thu Jan 03, 2013 5:02 pm

by Broady

As said up there, if you're in the UK British Cycling are a great point of contact for these things. They can put you in touch with their lawyers etc. I ended up with £8.5k when a van pulled out on me.

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Rick
Posts: 2034
Joined: Sat Aug 29, 2009 4:30 pm

by Rick

I am not certain how well this applies to the UK, but in the USA my advice would be to get a lawyer immediately and do exactly what he says to do.
It is not a matter of trying to get anything you don't deserve, it is simply that insurance companies are in the business of paying as little as possible. They will act like they are your best friend and be very nice to you while they delay and delay and delay until you are just too frustrated and willing to "settle" for little or nothing. They do that because they know it works.
I lawyer will know a lot of things that you don't know about the real legal liabilities and he can use them to negotiate a quick and fair settlement.

RussellS
Posts: 916
Joined: Wed Feb 03, 2010 1:31 am

by RussellS

1. Get to a doctor, medical room, NOW. Cannot even believe you need to be told this. Wow.
2. Get an attorney.

Butcher
Shop Owner
Posts: 1925
Joined: Sun Jan 03, 2010 4:58 am

by Butcher

I too hit a car [30mph] when he pulled out in front of me. I attempted to get a lawyer and only found the 'main' lawyer in the Seattle area [that specializes in bike injuries], seemed just as much of a croak as the insurance company. Neither side seemed to give a crap about me. The lawyer seemed to only want to get money and the insurance just wanted to save money.

In the end, I waded through the mess by myself. The only suggestion I would recommend is to lay on the ground and not move. Wait until aide arrives and do as they say. In the end, I received more that I wanted and felt dirty about the entire ordeal.

I did get another bike and was able to ride again. That's exactly what I told the insurance company in the beginning.

cccycle
Posts: 24
Joined: Fri Aug 07, 2015 10:39 am

by cccycle

Got a company working on it now. But just wondered in regards to the bike whether there was anything specific to be reporting?

sungod
Posts: 1702
Joined: Fri Dec 24, 2010 9:37 pm

by sungod

1. get medical attention, a proper check, if your helmet was smashed there was clearly a head impact

2...

photos of all scratches, roadrash, bruises etc., ditto for all damage to clothing, bike, anything else you had with you

write down exactly what happened while it's still fresh, stick to statements of fact, not opinions/guesses (such as "he didn't see me", you have no direct knowlege

3. if you've now got legal assistance, do what they say, not what we say :)

by Weenie


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jockeywilson
Posts: 96
Joined: Thu Dec 04, 2008 8:28 am
Location: London

by jockeywilson

Call Leigh day in London. They have specialists and will give you proper advice. They sorted me and a friend out.

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