[Closed] Been hit by a car, where do I stand?

You with British Cycling ?

Police

Report it to the Police.
Don't speak to the driver, deal only with his insurance company, the Police will provide you with his details.

Police, and go straight to his insurer, worth logging any losses or costs because of it and get the frame looked at by a good bike shop.

There's a decent guide here. https://www.lfgss.com/conversations/131099/

Also worth searching the forum as this comes up often unfortunately. Eg http://singletrackmag.com/forum/topic/knocked-off-my-bike-advice-needed or http://singletrackmag.com/forum/topic/cycling-to-work-knocked-off-bike-need-advise

Police.
British cycling if you are a memmber, if not, call them anyway (not sure if you can can support for event that happened pre-membership but they will tell you)

Your bike is written off. Not suggesting this as a cheap shot way of getting a new bike but an assumption from the fact you have had an impact that the bike is not designed to take. Car driver hopefully has insurance, use it.

Have you reported to Police yet?

His insurance should be paying for replacement of anything damaged by him - bike, clothing, and covering any additional costs you'll incur - taxis, medical costs, time off work, any trips you've booked that you have to cancel.

No need to feel nervous, the other driver should be on a careless driving charge and grateful he didn't kill you.

Any witnesses?

Heal fast.

EDIT: I think there is some consensus on the idea of going to the Police... 😀

Police arrived at the scene, gave me all his details (address, name, phone number) I have a Police reference number.

General consensus is ask the guy for his insurance details then?

Witnesses were car behind him and a woman @ bus stop that was about 50 yards behind the accident, police have spoken to them all.

...Was absolutely fuming when it first happened as his excuse was he didn't see me, whether he's told the police that idk!

Yep.
Police.
Insurance.
Do not speak to the driver.

By now, they should already know as the driver will have reported it surely.

If you have medical records, a police reference number and witnesses then it [i]should[/i] be a pretty straight forward claim on his insurance. Do you have the witness details? Worth getting something in writing while it is fresh.

Lucky that it's a company car; it should be properly insured and the driver legit. If you have problems, ring the company and ask to speak to the secretary or fleet manager.

Before I ring him, someone has advised I just ring a cycling specific no win no fee type place and have them deal with it all for me,
is this advisable at all?

Ring [url= https://www.digbybrown.co.uk/personal-injury-enquiry-form?infinity=ict2~net~gaw~ar~193345891876~kw~digby%20brown%20solicitors~mt~p~cmp~Brand~ag~Digby%20Brown&gclid=CNSb8ObUhdQCFVAQ0wod56cL7A ]Digby Brown Soliciters, [/url] They deal with injuries for those with British Cycling membership and are specialists in cycle injury cases.

They sorted me out 10 odd years ago.

as others have said, do not phone the driver

I wouldn't (personally) bother with a lawyer until one appears required (ie your version of events is disputed, or the amount being claimed is disputed). The car will probably be covered by a fleet insurance policy who will pay out pretty quick

If you want damages for your injuries, you need legal advice on how much to ask for (you will not be offered a reasonable amount). Realistically, that means you need a solicitor. It is a bit complex to look up yourself, though it can be done.

Did you get the details of any of the witnesses, or could you from the police? You might need them.

Don't bother getting a no win no fee company involved. Yet. Just deal with the driver's insurer and see what they say. They should play ball, especially if you're not after any actual compensation other than what it's cost you, or will cost you...

[quote=greyspoke ]If you want damages for your injuries, you need legal advice on how much to ask for (you will not be offered a reasonable amount). Realistically, that means you need a solicitor. It is a bit complex to look up yourself, though it can be done.

This - dealing directly with the insurance company is fine if you're just claiming for a broken bike. Of course you don't have to claim for injuries, it's up to you, but personally I don't see why you shouldn't get some compensation for significant pain and disruption to your life.

OP - read this.

http://singletrackmag.com/forum/topic/knocked-off-bike-what-next-1

Very similar thing happened to me early last year - SMIDSY! She fessed up. Police were utterly shit mind. Dealt direct with her insurer - got bike replaced along with other damaged stuff I was wearing. Also had some compo my injuries (nothing broken). Email me if need be. Get well soon!

Avoid no win no fee solicitors or you will be hounded for life! If claiming for injury loss, speak to his insurers as they will send you forms to detail losses. Keep note of all phone call charges, travel costs (doctors, work if you can't cycle as normal) loss of earnings etc.

Check your home insurance policy as you may have legal cover through this.

@rascal, thanks. I'm going to ring the guy around 5-6pm,
I can't email you as I can't get to your profile, but mine is thekarlcrick @ gmail dot com.

thanks!

"Been hit by a car, where do I stand?"

On the pavement?

crouchingpig - Member

@rascal, thanks. I'm going to ring the guy around 5-6pm,
I can't email you as I can't get to your profile, but mine is thekarlcrick @ gmail dot com.

thanks!

You can send people messages via the forum...

Go to your own profile, then choose the messages tab>compose & you can send to any member....

If you are claiming for injury as well as bike and kit damage, then get a "good" solicitors involved, there are good ones out there, Cycle Aid have a good reputation, and if you contact them direct you won't be hounded by others.

Report it to his insurers, but also make sure you document everything, take pictures of your damaged kit and don't throw it away, keep receipts if you replace anything straight away. Keep the receipt for the bike as you say you've just bought it to prove what the bike is worth, if no receipt, ask the shop you bought it from for either proof of cost of the exact same new, or a Pro-Forma invoice for what it will cost to repair.

If you feel that physiotherapy would benefit you, contact his insurers, they will ability to arrange this for you under the Rehabilitation Code (2015).

The more you can document your claim, the more you will be able to recover the monies, even down to trips to physio/bike shop/ medical appointment etc with mileage.

If they drag their heels over liability, then press the Police for a copy of their original report.

Any problems, happy for you to email me as i was a personal injury lawyer dealing with motorbike and cyclist claims for ages before switching to the other side.

[quote=40mpg ]Avoid no win no fee solicitors or you will be hounded for life! If claiming for injury loss, speak to his insurers as they will send you forms to detail losses.

I've used "no win no fee" solicitors a couple of time to claim after cycling accidents, both times when injuries were involved (one relatively minor, one involving a couple of nights in hospital). I don't get hounded at all - but then I used a specialist cycling solicitor rather than the sort of company you're presumably thinking of - http://bikeline.co.uk/ FWIW, they did a good job for me though other options are available and have been mentioned. From all I've seen of how insurance companies operate (including those two cases, as well as a couple of incidents I've been involved in whilst driving) I'd be very surprised if you got anywhere near as much compensation dealing directly with the insurance company - they're not in the business of giving away money if they can avoid it.

[quote=crouchingpig ]@rascal, thanks. I'm going to ring the guy around 5-6pm

The driver? Why on earth are you doing that given everybody is advising you not to?

If you're a member of a union, you might be covered by them for an incident while commuting.

aracer - he's gotta get insurance details somehow.

I had a taxi pull out on me at a roundabout a couple of weeks ago, neither police nor British Cycling were too bothered as I got off lightly with bruising. Once I had insurance details I spoke to them, they were very good (probably glad I wasn't making a huge injury claim) and I'm pleased to report it's all been sorted out.

To top it all off the OH has suggested I get a new bike rather than fix the old one!!

Hope you have a similarly good experience OP and also that you heal soon.

madhouse - Member
aracer - he's gotta get insurance details somehow

I'd be following the proper advice of scud, who says he did this stuff for a living ! Get the lawyers on board, let them make contact.

[quote=iainc ]I'd be following the proper advice of scud, who says he did this stuff for a living ! Get the lawyers on board, let them make contact.

Exactly that - I've never personally contacted a driver (or had anybody directly contact me when I've been at fault).

thanks for all replies.
i didnt contact the driver in the end, took the advice of going through a solicitor service (BikeLine)

will update the post with progress if interest to anyone.

Yep...let us know how it goes!

Update.

Had to wait until the last day in the claims portal,
only for the driver to deny liability and has made up a story about me hopping lane and in front of his car (it's a single carriageway with a turning for a vets). My injuries don't match his claim as I'd of gone down in front of his car if I was to of changed direction in front of him as he's suggesting.

Contacted the police who have nothing on file as my injuries weren't certain at the time of the incident. So i've had to write to the police for the officers notes of the incident. (this can be a chargeable service - much to my surprise!)

Feeling ultra low about this as I still can't ride my bike properly, run or do any of the exercise I'd normally enjoy.
Plus I have a nice Caad12 snapped in my garage that I'm unable to strip or sell.
The whole process is thoroughly frustrating. Hopefully the police officers notes / witnesses that are on them, back my side of the story.

What a twunt. It's crap like that which makes me seriously consider getting front/rear cameras for my commute, despite the fact that 99.999% of the time it's trouble free!

It may be worth checking the legal cover on your home insurance to see if they can offer support.

If the driver claimed not to have seen you he incriminated himself for a charge of driving without due care and attention; which charge I'd have thought the Police ought to be making.

Are you dealing with a solicitor? If not then you definitely need to lawyer up. Doubtless they've seen it all before (both my cases involved denial of liability and whilst one was completely different and far more complicated, in the other the opposing insurers folded when issued with court proceedings).

Why are bikeline not doing all the chasing for the police notes etc?

If that does end up costing you money, just add it to the claim, (or more correctly get bikeline to do that).

Contacted the police who have nothing on file as my injuries weren't certain at the time of the incident.

Bikeline should have instructed you to get doctors/A&E information, photos, follow up reports etc. as that's relevant to whatever claim they'll be making on your behalf. Unless you've missed out information for the sake of brevity, they sound a bit shonky to be honest.

Use those witnesses you mentioned asap. If you don't have their details then chase the Police for them or as mentioned above set your representative the task. But DO NOT assume that solicitors actually go over case details as thoroughly as you might so if there's something questionable then question it!

Also as mentioned above keep in mind the possibility that the driver committed a motoring offence. Again you may have to ask about this as Police don't automatically take action unless they feel obliged to. A prosecution against the driver would certainly help prove your case not to mention help them take a bit more care on the road in future (that last bit's probably wishful thinking).

Contacted the police who have nothing on file

This seems odd. Which force, may I ask?

I've asked Bikeline to chase for the policemans notes.
I may try to get the policeman involved to call me if thats possible, as he will hopwfilly remember the driver saying that 'his firm will pay for the damages to my bike'.

odd to say such a thing if you arent liable.

Police force in question is I guess Ashford, kent police.

whole situation is beyond stressful to think about (loss of annual bonus, loss of a nice bike, loss of my own personal enjoyment whilst injured etc etc).

@Bez, apparently because my injuries werent clear enough at the incident, no report was necessary.

I'm in the middle of a claim for an injury that kept me off work/bike/sex/you name it for over a year. My solicitor is dicking around giving me conflicting advice and is well on their way to being on the end of a law suit themselves. I have lost my job, a car and numerous financial opportunities. My only positive with the entire thing is that I'm healing up and that's not exactly a bonus.

Yes it's stressful but don't get emotional about it. I know that sounds stupid and it sounds like I can't care about anything but believe me I do. I do get angry and I do get stressed and shout and swear. But when you're dealing with anyone involved in this matter whether you think they're on your side or not you have to keep cool and treat it strictly as business. Solicitors and insurance adjusters must have a handy switch to disconnect their humanity (if they're even human, unfortunately I think they are). To them it's business and nothing more and please don't think that an emotional person won't be taken advantage of by them.

Record [u]everything[/u]. Keep a diary. If you're not familiar with legalese then get a law book and learn, the meanings of commonly used words can be quite different in a legal scenario. I hope you come out of it well.