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  • FIRST POST
    • irri tant
    • By irri tant 12th Sep 13, 10:22 AM
    • 167Posts
    • 21Thanks
    irri tant
    Cyclist v Car = Crash & Injuries
    • #1
    • 12th Sep 13, 10:22 AM
    Cyclist v Car = Crash & Injuries 12th Sep 13 at 10:22 AM
    Whilst cycling on Tuesday evening I was forced into taking evading action due to a car pulling out of a junction as I was passing which resulted in a visit to the local A&E and a damaged bike.

    The driver did NOT crash into me but WAS the cause of my accident.

    I was wearing a high vis jacket and it was good daylight at 18:30
    http://www.cyclesolutions.co.uk/Images/Products/full39173.jpg

    The driver has said to me he didn't see me!!!!

    Police and Ambulance attended the scene from where I went to hospital for a check over. All OK no broken bones but gravel rash, bruising, damaged clothing & bike.

    I have a case number with the local Police. Just waiting on phone call from him today.

    Which way forward now for injury claims and to recover costs of repairs to bike and clothing costs?

    Do I try via his insurers or use one the claims specialists?
    Last edited by irri tant; 12-09-2013 at 3:13 PM.
Page 1
    • custardy
    • By custardy 12th Sep 13, 10:27 AM
    • 35,109 Posts
    • 29,783 Thanks
    custardy
    • #2
    • 12th Sep 13, 10:27 AM
    • #2
    • 12th Sep 13, 10:27 AM
    I would go with with a cycle specialist if you can
    you will be claiming from his insurer either way
    You're 'lucky'. My driver left me in the road and I had no number plate,so no claim
    • irri tant
    • By irri tant 12th Sep 13, 10:46 AM
    • 167 Posts
    • 21 Thanks
    irri tant
    • #3
    • 12th Sep 13, 10:46 AM
    • #3
    • 12th Sep 13, 10:46 AM
    I would go with with a cycle specialist if you can
    you will be claiming from his insurer either way
    You're 'lucky'. My driver left me in the road and I had no number plate,so no claim
    Originally posted by custardy
    I know it's dog eat dog world but would I be better going through the Unite union as I'm a member and they say you get 100% of the compo? Need as much as you can get in this day and age
    • custardy
    • By custardy 12th Sep 13, 10:49 AM
    • 35,109 Posts
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    custardy
    • #4
    • 12th Sep 13, 10:49 AM
    • #4
    • 12th Sep 13, 10:49 AM
    I know it's dog eat dog world but would I be better going through the Unite union as I'm a member and they say you get 100% of the compo? Need as much as you can get in this day and age
    Originally posted by irri tant
    well only you can decide. contact them and get a view anyway
    • esuhl
    • By esuhl 12th Sep 13, 10:55 AM
    • 9,073 Posts
    • 7,134 Thanks
    esuhl
    • #5
    • 12th Sep 13, 10:55 AM
    • #5
    • 12th Sep 13, 10:55 AM
    I would go with with a cycle specialist if you can
    you will be claiming from his insurer either way
    You're 'lucky'. My driver left me in the road and I had no number plate,so no claim
    Originally posted by custardy
    Huh. The driver that accelerated hard into me (after coming to a stop to give way) gave false details... And after initially offering to take me to A&E, changed her mind and drove off. The only reason I couldn't write down her registration was because I'd injured my hand, and the police never traced her (hardly surprising).

    There are some criminally evil drivers out there... They should have to take a test or something before they're let loose on the roads!
    • dacouch
    • By dacouch 12th Sep 13, 11:09 AM
    • 20,761 Posts
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    dacouch
    • #6
    • 12th Sep 13, 11:09 AM
    • #6
    • 12th Sep 13, 11:09 AM
    Huh. The driver that accelerated hard into me (after coming to a stop to give way) gave false details... And after initially offering to take me to A&E, changed her mind and drove off. The only reason I couldn't write down her registration was because I'd injured my hand, and the police never traced her (hardly surprising).

    There are some criminally evil drivers out there... They should have to take a test or something before they're let loose on the roads!
    Originally posted by esuhl
    If the other party gives you there telephone number at the scene, ring it there and then to check it's correct.

    If possible use your phone to take phones of the scene eg where each parties end up and any road signs etc and of their number plate if possible
    • liam8282
    • By liam8282 12th Sep 13, 11:29 AM
    • 2,737 Posts
    • 1,556 Thanks
    liam8282
    • #7
    • 12th Sep 13, 11:29 AM
    • #7
    • 12th Sep 13, 11:29 AM
    Where there's blame, there's a claim.

    Sounds like the OP is just out for what they can get, rather than being compensated for the damage.

    • irri tant
    • By irri tant 12th Sep 13, 11:36 AM
    • 167 Posts
    • 21 Thanks
    irri tant
    • #8
    • 12th Sep 13, 11:36 AM
    • #8
    • 12th Sep 13, 11:36 AM
    Where there's blame, there's a claim.

    Sounds like the OP is just out for what they can get, rather than being compensated for the damage.
    Originally posted by liam8282
    And why not?

    I'm looking for best advice on how to get compensated to the 'max' for damage and injuries sustained for something that was not my fault.

    I'm NOT falsify any injuries or damage I will be claiming for.

    Many others in the same boat do just the same as I'm doing.
    • custardy
    • By custardy 12th Sep 13, 11:38 AM
    • 35,109 Posts
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    custardy
    • #9
    • 12th Sep 13, 11:38 AM
    • #9
    • 12th Sep 13, 11:38 AM
    And why not?

    I'm looking for best advice on how to get compensated to the 'max' for damage and injuries sustained for something that was not my fault.

    I'm NOT falsify any injuries or damage I will be claiming for.

    Many others in the same boat do just the same as I'm doing.
    Originally posted by irri tant
    Dont blame you
    I am 000s down in loss of earnings,repairs,treatment costs and the real possibility of losing my job
    I am on meds probably for the rest of my life and am in pain every day
    • dacouch
    • By dacouch 12th Sep 13, 11:42 AM
    • 20,761 Posts
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    dacouch
    Dont blame you
    I am 000s down in loss of earnings,repairs,treatment costs and the real possibility of losing my job
    I am on meds probably for the rest of my life and am in pain every day
    Originally posted by custardy
    Could you have not claimed via the MIB?
    • liz545
    • By liz545 12th Sep 13, 11:52 AM
    • 1,713 Posts
    • 16,706 Thanks
    liz545
    The LFGSS forum has a very helpful sticky on what to do if you're involved in a collision. You may have legal cover as part of your insurance policy, or through union membership or if you're a member of British Cycling/CTC/LCC (if you're not, I would strongly recommend joining). I would strongly recommend speaking to a solicitor. If you can, go back and take photos of the junction that you can show them. From your description, it sounds like the driver failed to yield at a give way line, which would make them responsible for causing a collision. A solicitor will be able to give you an informed view on the best route for making sure bike repairs, physio etc don't leave you out of pocket.
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    • custardy
    • By custardy 12th Sep 13, 11:52 AM
    • 35,109 Posts
    • 29,783 Thanks
    custardy
    Could you have not claimed via the MIB?
    Originally posted by dacouch
    the car in question didnt impact me
    They forced me off the road,well to the edge where I was met with a pothole
    So the MIBs view is unless it physically hits you,then its all good
    • irri tant
    • By irri tant 12th Sep 13, 12:07 PM
    • 167 Posts
    • 21 Thanks
    irri tant
    If you can, go back and take photos of the junction that you can show them. From your description, it sounds like the driver failed to yield at a give way line, which would make them responsible for causing a collision.
    Originally posted by liz545
    This is how google see's it at present. I'll take some pics myself.

    I was on the main road heading towards the crossing. Car came from the right give way.

    https://www.google.co.uk/maps/preview?hl=en#!data=!1m8!1m3!1d3!2d-1.361559!3d54.575004!2m2!1f74.72!2f69.97!4f75!2m4! 1e1!2m2!1sOUz9zCzmjqyv0wkNBRCLHQ!2e0&fid=5

    This would be the drivers view
    https://www.google.co.uk/maps/preview?hl=en#!data=!1m8!1m3!1d3!2d-1.361197!3d54.575013!2m2!1f324.96!2f77.6!4f90!2m4! 1e1!2m2!1sbAMLQVuGTm_WsYWbz-wQMQ!2e0&fid=5
    • arcon5
    • By arcon5 12th Sep 13, 12:24 PM
    • 13,679 Posts
    • 8,656 Thanks
    arcon5
    Many others in the same boat do just the same as I'm doing.
    Doesn't necessarily make it right. It's this kind of mentality that has caused the boom in whiplash claims.
    • liam8282
    • By liam8282 12th Sep 13, 12:54 PM
    • 2,737 Posts
    • 1,556 Thanks
    liam8282
    Police and Ambulance attended the scene from where I went to hospital for a check over. All OK no broken bones but gravel rash, bruising, damaged clothing & bike.
    Originally posted by irri tant
    So you have no real injuries, only bruising and a graze at worst.

    Damaged clothing and bike, fair enough.

    And why not?

    I'm looking for best advice on how to get compensated to the 'max' for damage and injuries sustained for something that was not my fault.

    I'm NOT falsify any injuries or damage I will be claiming for.

    Many others in the same boat do just the same as I'm doing.
    Originally posted by irri tant
    Compensation culture at it's worst.

    Fair enough, you are well within your rights to claim for any losses and injuries. But to be honest, they seem to be minimal, yet you are out to maximise them.

    Did you also damage your Rolex, loose your gold chain, chip a tooth and break a nail, all of which you didn't notice at the time, until you put your claim in?

    I don't know why people encourage this sort of thing.

    • irri tant
    • By irri tant 12th Sep 13, 1:02 PM
    • 167 Posts
    • 21 Thanks
    irri tant
    Did you also damage your Rolex, loose your gold chain, chip a tooth and break a nail, all of which you didn't notice at the time, until you put your claim in?
    Originally posted by liam8282
    As it happens I have a chipped nail

    As for the others items, like I said above, I'm NOT falsify any injuries or damage I will be claiming for.

    Just pursuing what I feel I should be entitled to claim for for someone else causing the injuries & damage. If that happens to be 'maxed' out then so be it
    • irri tant
    • By irri tant 12th Sep 13, 1:04 PM
    • 167 Posts
    • 21 Thanks
    irri tant
    Doesn't necessarily make it right.
    Originally posted by arcon5
    right or wrong, I'm entitled to claim and why shouldn't I?

    Don't forget; where there is blame, there is a claim.

    Why should I have to pay to repair the bike, replace the colthing when someone else has caused the damage?

    Oh and a week of work to boot whilst injuries settle down
    Last edited by irri tant; 12-09-2013 at 3:42 PM.
    • Prothet of Doom
    • By Prothet of Doom 12th Sep 13, 1:17 PM
    • 3,166 Posts
    • 3,818 Thanks
    Prothet of Doom
    More Importantly. Do you have witnesses? I saw a bloke knocked off, and after checking he was okay, and telling him to stay on the ground groaning, I took photo's of cars, road and the people, and then collected names and addresses on my phone - I sent them in text messages to my wife, who thought i was mad, until I explained later.
    He went off to hospital, in an ambulance, and later I phoned him, got his email address and sent him all the evidence.
    Got a short "thanks", but assuming he was able to make a claim, I never got any further responce.
    • irri tant
    • By irri tant 12th Sep 13, 1:22 PM
    • 167 Posts
    • 21 Thanks
    irri tant
    More Importantly. Do you have witnesses?
    Originally posted by Prothet of Doom
    I have a case number with the local Police. Just waiting on phone call from him today and hopefully some of those on the scene will be on his notes
  • Weird Nev
    Where there's blame, there's a claim.

    Sounds like the OP is just out for what they can get, rather than being compensated for the damage.
    Originally posted by liam8282
    What's the point of you, exactly?

    Because the point of insurance is it covers the operator of a vehicle against claims arising from the use of that vehicle.

    A vehicle caused an accident which has caused the OP loss. He is fully entitled to be put back in the position he was before the incident. Not profit, not make a fast buck, simply to have a working bike and undamaged clothes.

    Or can I just drive into your car some time and expect you to suck up the damage?
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