Got Knocked off by a car - next steps & advice.

Got Knocked off by a car - next steps & advice.

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SixtySpeedTwin

Original Poster:

320 posts

158 months

Tuesday 8th September 2020
quotequote all
Hi Folks - Im after some advice.

So a mile from home out on my Sunday ride off to the trails on my Specialized Diverge.
Proceeding down the road at about 25mph and a guy in a Nissan Juke crosses from a junction to my right into a garage which is on my left.
He didn't see me and i had nowhere to go other than the side of his car.
Fortunately it was a bit of a glancing blow as he was turning.
Next thing i know i'm on the forecourt looking up at him calling the ES and then the Paramedics arrive.
They do their thing and make sure im ok and the police arrive and take everyone's details and take me home in their van.
Monday i wake up & feel awful - sick, throbbing headache and tinnitus. Off to A&E, one x-ray and a cat scan later I've got concussion and a broken finger.
My helmet is seriously compressed of front left so that makes sense.

So the guy doesn't want to go through the insurance. Said he would pay for any stuff.
Im thinking no way now, as its going to add up all my gear took a pasting, my garmin watch and iphone got scratched too.

My main worry other than my physical bruising/gravel rash/concussion/broken finger is my bike.
Whilst outwardly looking ok the front wheel & carbon forks must have taken a bang, plus ive got the future shock head set and that certainly did as my bars have white paint on them.
I've taken it to Primera (local spesh dealer) for them to check it over and they recommended CAMS as a claims management firm.

Has anyone been in a similar position?
Should i push for a new fork & frame? i do worry about charging down a trail in a couple of years and something catastrophic happens.

over to you guys

Cheers
Clive


williaa68

1,528 posts

172 months

Tuesday 8th September 2020
quotequote all
I would certainly go through insurance. You have injuries and they can be expensive. Have you checked the person who hit you is insured?

A decent claims management company may make sense. Are you a British Cycling member by any chance? If not others may have suggestions.

loskie

5,581 posts

126 months

Tuesday 8th September 2020
quotequote all
go through insurance. you would be mad not to, medical and psychological issues may persist.

Find a reputable solicitor on a no win no fee basis if such a thing exists


anonymous-user

60 months

Tuesday 8th September 2020
quotequote all
loskie said:
go through insurance. you would be mad not to, medical and psychological issues may persist.

Find a reputable solicitor on a no win no fee basis if such a thing exists

This. A broken finger isn’t a light matter, concussion is grim too and it sounds like you took a whack.

My circumstances were a bit different, hit and run and more broken bits but I got a five figure pay out so you should ensure that this incident makes the driver think about his driving if nothing else. You’re the victim here, not him. It’s not about the compensation that you are entitled too, it’s about making the driver think a bit, settling outside insurance is only helping him, not you.

If your insurers aren’t up to it, I can wholeheartedly recommend Leigh Day who are/were British Cyclings legal partner and there are often a few cycling injury specialists in the back of Cycling Weekly magazine who may be worth a call.

Sounds like he doesn’t appreciate how much this will cost him (Non cyclists don’t get how an ordinary looking road bike can easily cost £1k or more) or has a reason not to go through insurance..... when you present him with a bill for that much, he’ll start with the excuses about you going too fast, pulling out on him, yadda yadda

Save yourself all the issues and just use your insurance or a proper firm of solicitors with cycling experience. Had a look at CAMS website, I wouldn’t bother personally, they look quite generic. Try www.cycle-sos.co.uk or Leigh Day

Edited by anonymous-user on Tuesday 8th September 20:54

loskie

5,581 posts

126 months

Tuesday 8th September 2020
quotequote all
yes: Have no sympathy for the other driver they will just screw you over. Ultimately it will be cheaper for them through their insurance anyway.

Twig62

753 posts

102 months

Tuesday 8th September 2020
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The car driver is an idiot if he doesn't report this accident to his insurance company. If you end up with long term health issues from this incident the costs to him could be ruinous.

Castrol for a knave

5,201 posts

97 months

Tuesday 8th September 2020
quotequote all
You must claim. If only to protect yourself if your injuries cause issues down the line.

You can join CyclingUK post accident and they will sort you out with a legal advisor. Pretty sure it is Leigh Day,same as British Cycling.

He might be all smiles now but these buggers have a habit of disappearing a few days down the line.

MrBarry123

6,038 posts

127 months

Tuesday 8th September 2020
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I can only echo what’s already been said i.e. absolutely go through insurance and sort things properly.

jesusbuiltmycar

4,620 posts

260 months

Tuesday 8th September 2020
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Sounds like you are local to me ...

A mate had a simple accident 18 months ago - I was following and saw it - he has heading down Christchurch road towards Iford when a car turned across his path - he did a complete somersault and landed on their roof. The car was a write off...

He has lucky and only had minor grazes but took his bike to “On Yer Bike” who checked it over - tat first they couldn’t find any damage to the frame but further checks revealed a crack in the seat stay.

He got a quote for a replacement bike and the driver’s insurance sent him a cheque within 4 weeks. - he thinks they were helpful because he didn’t want to claim for injury.

Gareth79

7,974 posts

252 months

Wednesday 9th September 2020
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If you don't specifically need a new bike provided up-front then I'd think dealing with it through a solicitor such as Leigh Day rather than a claims management service would be less hassle.

You have injuries, so there must be no question that you need to go through their insurance. A lot of the time a car driver will think "oh a new bicycle is only a few hundred pounds, and a helmet is £20" then they get a list adding up to thousands...


jesusbuiltmycar

4,620 posts

260 months

Wednesday 9th September 2020
quotequote all
Gareth79 said:
If you don't specifically need a new bike provided up-front then I'd think dealing with it through a solicitor such as Leigh Day rather than a claims management service would be less hassle.

You have injuries, so there must be no question that you need to go through their insurance. A lot of the time a car driver will think "oh a new bicycle is only a few hundred pounds, and a helmet is £20" then they get a list adding up to thousands...
If the OP is a member of British Cycling I believe Leigh Day is their preferred solicitor.

Bathroom_Security

3,435 posts

123 months

Wednesday 9th September 2020
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Guy ran me over recently, wanted to pay for my bike. Soon as I pointed out my Oakleys were fked at 120 quid, pluus clothing etc he was like oh no have to go through insurance. No concussion or anything broken but bad grazing that has left me scarred in multiple places. Also had a 1cm gouge in my leg where my keys took a chunk out.

This was beginning of June and I have an open case with the police and a solicitors. Still heard nothing, his insurance company never responded.

Have since bought a new bike and I think my ankle is damaged (not joking either, I have a sharp pain in my ankle now when I walk), but I can cycle.

Pachydermus

978 posts

118 months

Wednesday 9th September 2020
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A broken finger was worth £5000 in 2011 although given the choice I'd rather have a properly working finger.
I used Leigh Day for the injury claim and it took 2 years to resolve.

Captain Raymond Holt

12,241 posts

200 months

Thursday 10th September 2020
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A mate from work got knocked off a few years ago, needed 9 months of physio on his shoulder.

All done via the drivers insurance.


Dav86

5 posts

49 months

Thursday 10th September 2020
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I got knocked off a few years ago on my commute. Driver reported it to his insurance and they called the witness who confirmed it was all their fault. I had a phone call same day as the crash from the insurers offering to pay for bike and medical bills, they are highly motivated not to get lawyers involved.

Ultimately, I got a list of repair requirements (inc clothes and helmet) from my local specialized dealer, sent it to the insurance company and a few days later got a cheque in the post to spend for parts and labour. Was very lucky as had just put a new groupset on so got full retail value back.

The insurer then paid for several rounds of physiotherapy for my whiplash, thankfully no other injuries besides a bit of road rash. After that was done they phoned me again to discuss the ‘injury settlement’. I was taken aback as not expecting anything further, but they offered me £1,800 which I gladly accepted. No wonder car insurance is so expensive.

Long story short, definitely get a claim through his insurance but don’t feel that you need to use a lawyer. Can always threaten Leigh Day if they drag their feet.

yellowjack

17,208 posts

172 months

Thursday 10th September 2020
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A few years ago I had a van knock me off on a roundabout. I was already crossing the roundabout, he failed to see me. Boom! Cue a short 14 mph flight and a face down landing. Air ambulance involved. Fractured Scapula among other injuries, all my clothing bar my socks a total loss due to attention from the paramedics' scissors. Bike effectively written off by damage to carbon fibre forks and alloy rear triangle.

Initial attempts to deal direct with the drivers insurer were promising. I only wanted the cost of my bike and kit. Later coversations went south a bit, they were worried about injury claims and it was them that advised me to "lawyer up". What I'd have accepted as a £2000 to £3000 settlement ended up with a medical report, a psychiatric report, a big bill for physio (the insurer paid them direct) and a final settlement of £14000.

I used a chap called Richard Dykes at Bikelawyer. He was great, properly professional the whole way through. I always felt like I was informed and updated at every stage. Never any issues getting to speak to him either. Can't remember exactly who recommended him, or the firm at least, but it was a good call. Details here... https://www.bikelawyer.co.uk/site/people/