Just been knocked off bike. Next step?
Discussion
Was just now knocked off my bike by an oncoming motorist turning right into the side of me, knocking me from the bike, causing minor injury and some damage to the bike.
Police and ambulance were called by a passer by, and the driver admitted full liability. He didn't even know I was there until he heard the bang.
I'm not massively interested in pressing charges or anything, though the officer attending hinted that the guy should perhaps not be on the road at his age.
I'm more concerned with getting my bike and helmet sorted. I have his insurance details and am on hold waiting to speak to them.
Should I also appoint a claim handler of my own, or will his insurance handle things? I don't see that they have my best interests in mind though.
Apologies if this isn't clear, I'm still a bit wobbly. Tia
Police and ambulance were called by a passer by, and the driver admitted full liability. He didn't even know I was there until he heard the bang.
I'm not massively interested in pressing charges or anything, though the officer attending hinted that the guy should perhaps not be on the road at his age.
I'm more concerned with getting my bike and helmet sorted. I have his insurance details and am on hold waiting to speak to them.
Should I also appoint a claim handler of my own, or will his insurance handle things? I don't see that they have my best interests in mind though.
Apologies if this isn't clear, I'm still a bit wobbly. Tia
Speak to a solicitor working on YOUR behalf not the insurance co. Once you have calmed down you may find that you hurt a LOT and will do for several days or more.
Do not be rushed into settling/agreeing any claim/offer with the at fault driver's insurance co. They will want it done as low a cost to them as possible. They represent their customer not you.
Do not be rushed into settling/agreeing any claim/offer with the at fault driver's insurance co. They will want it done as low a cost to them as possible. They represent their customer not you.
Couple of points.
It’s not the USA, so you don’t get to press charges, or decide whether he is prosecuted that’s for the CPS to decide once they get the case file from the police. All you do is give a statement in that initial process.
If you want legal advice then check whether you have any sort of legal expenses cover on your car or home insurance. If you do then they will act for you and charge their fees to the other side’s insurance. If you don’t you can contact a No Win, No Fee set up, but they will charge their fees to your compensation pot and likely to be 25% ( the maximum allowed), so be aware before you sign anything.
It’s not the USA, so you don’t get to press charges, or decide whether he is prosecuted that’s for the CPS to decide once they get the case file from the police. All you do is give a statement in that initial process.
If you want legal advice then check whether you have any sort of legal expenses cover on your car or home insurance. If you do then they will act for you and charge their fees to the other side’s insurance. If you don’t you can contact a No Win, No Fee set up, but they will charge their fees to your compensation pot and likely to be 25% ( the maximum allowed), so be aware before you sign anything.
Do you have any memberships that may give you insurance, e.g. British Cycling or CTC? British Cycling use Leigh Day solicitors so may be worth contacting them directly, they will deal with stuff like this all the time. Otherwise you may be able to use legal cover through your home insurance?
cliffords said:
Do you have insurance to be on the road ? I am not starting a separate debate it is a genuine question. Normally the two insurance companies sort it out on their client's behalf. If he knocked you off clearly his insurance will pay .
That’s not strictly accurate. Insurance covers insured losses only and that is normally property / vehicle damage. Injury, protective clothing etc are usually an uninsured loss and therefore resolved separately, for example it can appear that your car insurer is solving it for you (they aren’t). Whether he has insurance in place is actually moot here. He has suffered a loss due to another’s negligence. What the OP needs to work out is whether he has legal expenses insurance so he can charge his legal bills to the other side or if not, understand that he has to pay for it. LF5335 said:
cliffords said:
Do you have insurance to be on the road ? I am not starting a separate debate it is a genuine question. Normally the two insurance companies sort it out on their client's behalf. If he knocked you off clearly his insurance will pay .
That’s not strictly accurate. Insurance covers insured losses only and that is normally property / vehicle damage. Injury, protective clothing etc are usually an uninsured loss and therefore resolved separately, for example it can appear that your car insurer is solving it for you (they aren’t). Whether he has insurance in place is actually moot here. He has suffered a loss due to another’s negligence. What the OP needs to work out is whether he has legal expenses insurance so he can charge his legal bills to the other side or if not, understand that he has to pay for it. cliffords said:
On my motorcycle policy I am covered for protective clothing etc . However if the op has home insurance that covers his bike and within the home policy is legal expense cover , I have that too. Then that may be the route to go.
I think I made that point around legal expenses quite a while earlier in the discussion. I also explained why it’s important. Your helmets and leathers cover on your bike insurance is most likely a bolt-on standalone policy wrapped up with your main road risk insurance policy. From experience…
First event, the driver’s insurers were fine and paid up once estimates were submitted.
Second event, the driver’s insurers were dreadful - I was hit by a bus and they suggested knock for knock after the bus wheels went over the front of my bike. British Cycling solicitors resolved the issue.
If the driver has admitted liability, you’d expect his insurers to play ball.
First event, the driver’s insurers were fine and paid up once estimates were submitted.
Second event, the driver’s insurers were dreadful - I was hit by a bus and they suggested knock for knock after the bus wheels went over the front of my bike. British Cycling solicitors resolved the issue.
If the driver has admitted liability, you’d expect his insurers to play ball.
Edited by HBelder on Wednesday 24th May 21:19
LF5335 said:
cliffords said:
On my motorcycle policy I am covered for protective clothing etc . However if the op has home insurance that covers his bike and within the home policy is legal expense cover , I have that too. Then that may be the route to go.
I think I made that point around legal expenses quite a while earlier in the discussion. I also explained why it’s important. Your helmets and leathers cover on your bike insurance is most likely a bolt-on standalone policy wrapped up with your main road risk insurance policy. wattsm666 said:
If you have a carbon bike wait a couple of weeks, after impact it can take a while for the damage/cracks to appear and it may appear fine now.
Luckily, I recently bought a cheap Triban for commuting, to spare my decent bike the commuting miles. I've not inspected it yet (got taken back to work for me by a passing colleague) but it appeared intact, less twisted bars and rubbing wheels. A barrister I know passed me on to a solicitor. No fees and they handled it all. Compensation covered the cost of my bike repairs, what I was wearing and enough to pay for the new sofas.
I'm now a British Cycling member which includes cover I believe (as well as third party cover). Plenty of companies in the back of cycling magazines, pop down the news agents at lunchtime.
I'm now a British Cycling member which includes cover I believe (as well as third party cover). Plenty of companies in the back of cycling magazines, pop down the news agents at lunchtime.
Acorn1 said:
Are you injured?
You state it's a cheap bike.
What do you want to claim for?
Maybe just put it down to an accident and move on?
So the driver who just drove straight into an oncoming cyclist, admitting his observation was that poor that he didn’t see him, should get off scott-free?You state it's a cheap bike.
What do you want to claim for?
Maybe just put it down to an accident and move on?
LF5335 said:
Couple of points.
It’s not the USA, so you don’t get to press charges, or decide whether he is prosecuted that’s for the CPS to decide once they get the case file from the police. All you do is give a statement in that initial process.
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But giving a statement to the police is optional. In Scotland anyway. For minor injuries the police probably won't push it. No statement no charges. No case going to the prosecutor.It’s not the USA, so you don’t get to press charges, or decide whether he is prosecuted that’s for the CPS to decide once they get the case file from the police. All you do is give a statement in that initial process.
.
So you can't decide someone is charged but the victim's wishes are often taken into account when the decision is made. Why waste time on a prosecution when the victim doesn't want to cooperate?
By all means make initial contact with the driver's insurance but wait until you know what injuries you have before deciding about involving a lawyer.
For a damaged bike and clothing I would be happy to deal direct. Personal injury claims speak to a lawyer IMO
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