Hit by a van - bugg...
 

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Hit by a van - bugger

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Got up nice and early this morning as wanted to attempt a 200km ride and had a day off work. After 100km a van decided that stopping at a junction was optional and he took me out!

Police attended but said as I was ok (few scrapes and bruises) there was nothing else to do and to sort it through the insurance. I thought they could have at least recommended a driving course for him or something.

I have his insurance details so will contact them to start the claim process. Bike is going to be a write off as well as some clothing, helmet etc. to damage the rear wheel like he has I think he must have driven over it. Snapped the lugs of the fork. Both wheels are knackered.

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Posted : 22/07/2022 1:17 pm
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Oh man.... nightmare.


 
Posted : 22/07/2022 1:19 pm
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That sucks. Any witnesses? Did you get the details of the police? Van drivers story might change once the insurance forms turn up. I'd also want a bit more from the police so might be worth contacting the PCC, although I suspect it'll go nowhere so understand not bothering. Hope you are alright


 
Posted : 22/07/2022 1:24 pm
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Yeh coach driver witnessed it and have the police report number etc.

Police asked me:

“Good that you were wearing a helmet. Is it law to wear a helmet?”

Then standing next to the bike they asked what condition the bike was in. I looked it and said “erm knackered?”


 
Posted : 22/07/2022 1:26 pm
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How can that not be careless driving, even if its just an awareness course?

The main thing is you're not badly hurt. Photograph your cuts and bruises. Record every penny it costs you from getting home, damaged clothing, extra journeys, every paracetamol, get LBS to do a report for the bike.

Heal fast.


 
Posted : 22/07/2022 1:27 pm
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Wouldn't bank on the Police doing anything, so get into gear with a solicitor. Me and a mate suffered broken neck/spine in un-related incidents, drivers didn't even get a slapped wrist. That's GM Police for you.

GWS.


 
Posted : 22/07/2022 1:32 pm
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I would make formal complaint to the Police - new Highway Code amendments recently was supposed to place more emphasis on "vulnerable road users" and give them ability to give stiffer sentences and easier prosecution with the hierachy of road users

https://www.gov.uk/government/news/the-highway-code-8-changes-you-need-to-know-from-29-january-2022

With regards to the damage to your bike, unless you have membership to an organisation that has legal cover, eg British Cycling, then most solicitors will not touch unless there is an injury claim worth over £1000 (cyclists being exempt from new injury claim process), then you are best dealing with the drivers insurance direct. Make sure you document anything that has placed you out of pocket and detail to them the few injuries you have. If your injuries last more than 1-2 weeks, then get a solicitor on board.


 
Posted : 22/07/2022 1:41 pm
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Wow, glad to hear you're generally okay and sorry to hear this happened. Be careful that having just said it's bumps/bruises that once the adrenaline wears off there isn't anything more serious (I did this with a finger injury which was fine most of the day and then I realised it was broken/bent).

Make sure you note details of the accident now, and information about the road/conditions and more photos of the location etc in case you need it for the insurance.

Impressive to see the damage including the lugs ripped off the fork. Best get a replacement bike order in now if you want something before about 2026 🙂


 
Posted : 22/07/2022 1:42 pm
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Ouch, heal up and start window shopping for a new bike to spend the anticipated insurance money on!


 
Posted : 22/07/2022 1:42 pm
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Glad you're ok.
+1 on sounds like officers who don't sound too motivated or knowledgeable to support (slightly) injured person or remind pilot of 2 tons of steel of thier responsibility.


 
Posted : 22/07/2022 1:49 pm
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Glad you're ok Robbo. Poor response from the police though, I'd complain about that.

Here's my reply to a similar thread from yesterday:

I used Leigh Day several years ago, they were good (as far as I could tell).

Make sure you get photos of any injuries and take notes on what hurts when, things you were unable to do, costs incurred (e.g. parking at hospital for someone coming to visit you, taxis if you can no longer cycle commute, private physio etc) as it can take a long time to settle things and you will forget.

Also, don’t rush for an injury settlement. You should get ‘stuff’ paid for pretty quickly (bike repair/replacement, helmet replacement, etc). Make sure you are happy that you’re fully healed before you finalise any payout for injuries as once it’s done, it’s done and you can’t go back for more if you accept a low offer early on and then your recovery doesn’t go as planned.


 
Posted : 22/07/2022 1:58 pm
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Just glad to read that you're OK Robbo


 
Posted : 22/07/2022 3:59 pm
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Oof, glad you walked away from that robbo! I'll second the comments about chasing the police response and keeping a note of everything that is broken. Watch the injuries come out over the next few days too, I had ones that took a week to show up after mine.

I used Leigh Day several years ago, they were good (as far as I could tell).

They were great for my claim. Got me further physio sessions after the initial ones didn't work, sorted out a claim for wages for my employer and really did push the insurers when required. The only complaint I had at the time was having to wait for any payment for replacing the bike but they collared the insurer for time wasting and I got an extra £500 for the inconvenience of having to buy a new bike on finance!

Get plenty of rest and try and enjoy the hunt for a new bike.


 
Posted : 22/07/2022 4:09 pm
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Ooh, nasty.
Glad you are ok though. Bikes can be replaced. People not so easily.

As others have said, take brufen and paracetamol, take it easy and wait for the bruises to appear. I hope you get over it quickly.


 
Posted : 22/07/2022 4:13 pm
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Just to check though, you did finish the ride, right?


 
Posted : 22/07/2022 4:44 pm
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I hate to say but given the generally poor police response to incidents like this  it it's increasingly seeming to be a good idea to stay on the ground, have an ambulance called and complain about an injury.

Of course, not an ideal thing to do if you don't need to but.....


 
Posted : 22/07/2022 4:52 pm
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If you contact the drivers insurance company they will probably fob you off with a derisory offer, usually about £2.5k. If your a bit beaten up you should be compensated for your injuries and your bike. I would get lawyered up. If your a member of British Cycling or Cycling UK they will set you up with a lawyer and indemnify you against any legal costs.


 
Posted : 22/07/2022 5:02 pm
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Just to check though, you did finish the ride, right?

If ringing the wife to say don’t worry I have been hit by a van but I’m alright can you come and pick me up, then no I didn’t!

Thanks for all the wishes guys.


 
Posted : 22/07/2022 5:06 pm
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Sounds like a bit of a rubbish police response, glad you're OK though.

have a read of this:
https://www.lfgss.com/conversations/131099/

It started out as a thread on the London Fixed Gear forum, got edited down and archived as an article. Useful read.
Note that it is not unusual for an insurance company / driver to suddenly get very upset when they find out that bikes can cost more than £150 from Halfords and they may start arguing the point when you're asking for £3000 so make sure you've got the witness details and the info noted in that link.


 
Posted : 22/07/2022 5:21 pm
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100km into a 200km ride would generally be the farthest point from home, sods law taken to an unnecessary exactitude. Hope you're doing okay and the mess gets resolved with as little hassle as possible.


 
Posted : 22/07/2022 5:40 pm
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Glad you've got no serious injuries.

I had a close call yesterday morning, heading along a bollarded cycle lane and one of the cars going through the junction alongside and just ahead of me slowed down and put his hazards on, (a left indicator would have been much more useful) then turned left through the bollards, across the cycle lane as I skidded up behind his bumper and just managed to avoid hooking my front wheel onto his towball, and then onto the tactile paving of the pedestrian crossing and over the pavement.

Made eye contact and saw an angry red face and fists raised at the closed window, I realised he was heading towards a group of caravans and vans on the public lawns and decided that I was currently uninjured and more likely to remain that way if I shut up and cracked on out of there.

I did make a couple of checks to make sure an Audi Q7 wasn't belting across the lawns to try and cut me off at the end of the cycle lane though...he clearly thought I was in the wrong and I can't imagine plod would venture over there to have a word.


 
Posted : 22/07/2022 6:32 pm
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Glad you’re ok Robbo


 
Posted : 22/07/2022 6:54 pm
 cb
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Add the mileage to come and collect you to the claim


 
Posted : 22/07/2022 7:02 pm
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Police attended but said as I was ok (few scrapes and bruises) there was nothing else to do and to sort it through the insurance. I thought they could have at least recommended a driving course for him or something.

I would be asking what circumstances would warrant taking things further.
After all, I'm fairly sure that tickets are issued for lots of situations where no collision took place, and nobody was injured, so your situation is at least two steps above any of those ( a collision took place, and injuries/damage resulted from that)
Maybe ask for a copy of the criteria by which these decisions are based.
I'd be pushing the point and, if necessary, going above the PCs head.
Failing to act seems to be discriminating against cyclists (if I'm not being too paranoid about it)


 
Posted : 22/07/2022 7:03 pm
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Photograph your cuts and bruises. Record every penny it costs you from getting home, damaged clothing, extra journeys, every paracetamol, get LBS to do a report for the bike.

Not just the cost of a replacement bike. I'd be looking for a hefty sum to cover pain and suffering. It should never be just the case of 'here's a new bike byeee'  thats very dismissive.

You should be covered for the injuries you've received. Whiplash is something that isnt evident at the time,it takes a day or two to register. And then sticks about for several years. I'd force the point, take legal advice over compensation for those injuries even cuts, scrapes and bruising.

I mean, over the next few days to a week you're going to be feeling sore and your mobility will be limited. Even getting up in the morning, going to the bog etc etc has been made a difficult and painful experience through no fault of your own. You should be compensated for this.


 
Posted : 22/07/2022 10:56 pm
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Just me read it as hit by a burger van?


 
Posted : 22/07/2022 10:58 pm
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Nah, me too.

All the best OP. Good to hear you’re not badly injured.


 
Posted : 22/07/2022 11:47 pm
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Maybe ask for a copy of the criteria by which these decisions are based.
I’d be pushing the point and, if necessary, going above the PCs head.
Failing to act seems to be discriminating against cyclists (if I’m not being too paranoid about it)

I don't think it's discrimination, I think it's just under resourced public services having to cut corners.

But I'd be asking for the criteria, as pulling out and hitting a cyclist must be prima facie evidence for careless driving. Maybe ask the democratically elected PCC how these things are prioritised, as its their responsibility


 
Posted : 23/07/2022 8:03 am
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Glad you faired better than the bike! How are you feeling today? Injuries tend to develop over time.

I used British Cycling when a taxi pulled out without looking and they were great. You’ll get a procession of ambulance chasers ringing you up and the BC guys gave me a list of people that’d ring me and to only speak to them.
To be fair to them the guys insurance company were also fantastic, I thought I had a shoulder injury so they sorted physio and actually they told me I had whiplash!
Sent them a list of stuff that needed replacing and a report from the LBS on the bike and they had the money in my account the same day. No conversation was had about damages was had till the physio was finished and I was ok.

To top it all off the LBS did me a deal on the replacement. So apart from the whole hitting a car at 25mph thing it wasn’t a bad experience.


 
Posted : 23/07/2022 9:02 am
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“Good that you were wearing a helmet. Is it law to wear a helmet?”

After I was hit, i went straight to the Police Station to report it and the first thing the officer asked was if I was wearing a helmet. I responded exactly the same and asked “is it law?” Only to be told that the drivers insurance will argue that not wearing a helmet indicates that a cyclist is not taking adequate precautions to protect oneself!!
Edit, forgot to say, glad that you are ok!


 
Posted : 23/07/2022 9:24 am
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good job it wasn't your proper bike. ;o)


 
Posted : 23/07/2022 9:26 am
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Just seen this on Strava Rob, jeez, that is awful mate. Hope you recover swiftly. Things like this make me want to camera up..granted it wouldn’t have stopped the incident but stops idiots wriggling out of insurance claims. Healing vibes.


 
Posted : 23/07/2022 11:16 am
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Cheers all

I’m a cycling U.K. member so have got in touch with their incident helpline and will hand it over to them to deal with.

I’m not too bad this morning - generally a bit achey, scrapes and bruises and my right heel hurts to walk on. I tried a couple of pedal strokes on the turbo bike this morning to see if anything else hurt but weirdly there was no discomfort on the bike. Walking is the harder thing.

Hopefully they will (cyclin U.K. solicitors) will take on the case. Had a look back over the photos of the road and there are clear road markings for the giveaway line. Good visibility etc. I feel more frustrated this morning about missing stuff I had planned as I now have no suitable bike and also the frustration of trying to get everything sorted out, ringing people, getting quotes etc.

I doubt I will get a replacement bike sorted out for the summer months but at least I have a gravel bike so can still get out. Looking at bike availability in the price range there isn’t a huge amount of option.


 
Posted : 23/07/2022 11:38 am
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Glad you are not too bad OP. This thread had me waking from a dream in the night last night with a prophecy that I needed to get BC/Cycling UK membership sorted again. Not one for superstition, but it feels like it should be a job for this evening!

I would be asking what circumstances would warrant taking things further.
After all, I’m fairly sure that tickets are issued for lots of situations where no collision took place, and nobody was injured, so your situation is at least two steps above any of those ( a collision took place, and injuries/damage resulted from that)
Maybe ask for a copy of the criteria by which these decisions are based.
I’d be pushing the point and, if necessary, going above the PCs head.
Failing to act seems to be discriminating against cyclists (if I’m not being too paranoid about it)

I think it is worth taking a step back, stripping the emotion away and thinking about it logically. How many cars pull out on other cars? How many of those incidents are 'taken further'? I'd assuming a vanishingly small number. If you look at the 'offence' rather than the consequence, pulling out on something the size of a car is a lot harder to do than something the size of a bike - the smidsy excuse is even less plausible. So if drivers rarely get prosecuted for being so unobservant as to not notice something the size of a car, you really can't expect anything better for car on bike.

Like it or not the threshold for people not seeing something/someone whilst driving and it not being careless driving is quite high. Whilst that is more than annoying (and painful in the OP's situation) it is lower down my priority list of 'needs sorting' than those drivers who actively endanger others by deliberately swerving/braking to cause an incident or driving at a speed that makes avoiding collision inevitable.


 
Posted : 23/07/2022 12:26 pm
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Just me read it as hit by a burger van?

I'd relish that


 
Posted : 23/07/2022 12:42 pm
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So an update now that things are finally resolved.

I got in touch with Cycling UKs solicitors went through a few bits and then they declined to help me because I only wanted to claim for the bike not for any personal injury (only had a few bruises and scrapes so got very lucky). It might be worth checking your coverage depending on the costs of your bikes. Ive now upped the price on my house insurance to cover anything else like upgrades (even tyres, pedals etc) so that next time I can just go through the house insurance and let them deal with it.

This meant that I ended up dealing with the drivers insurance company myself. I got receipts of everything, totalled up what I wanted to claim and sent it in. I asked if they wanted a quote/damage report from a local bike shop but they said no. Waited a bit then chased it up. They decided they did want a report from the local bike shop so I packed the bike, wheels etc up in the car and took it to the LBS who did a report for me.

Sent this in waited a bit again and then mysteriously last week some money went into my account overnight. This was about half of what I had submitted. Rung them up and they said I could get a new bike for X amount. I stated this wasnt acceptable. They immediately said OK we will pay the full value of the bike then. So got the full amount with little argument (just a bit of silly buggers) and about 8 weeks from accident to receiving the money.

New bike was ordered and received last week. A Trek Domane AL5. First proper ride was yesterday and I really like it. Suits the type of endurance riding I am doing, has disc brakes and fits larger tyres which suits the roads around here.


 
Posted : 14/09/2022 1:54 pm
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Sent this in waited a bit again and then mysteriously last week some money went into my account overnight. This was about half of what I had submitted. Rung them up and they said I could get a new bike for X amount. I stated this wasnt acceptable. They immediately said OK we will pay the full value of the bike then. So got the full amount with little argument (just a bit of silly buggers) and about 8 weeks from accident to receiving the money.

They will literally do anything to avoid paying out money. Glad you got it sorted! Think I missed this thread when it first popped up.


 
Posted : 14/09/2022 1:59 pm
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👍


 
Posted : 14/09/2022 2:02 pm
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Good work. Hope the new bike works well for you.


 
Posted : 14/09/2022 2:20 pm
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Good for you for playing it straight and getting a proper settlement


 
Posted : 14/09/2022 2:27 pm
 a11y
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I got in touch with Cycling UKs solicitors went through a few bits and then they declined to help me because I only wanted to claim for the bike not for any personal injury (only had a few bruises and scrapes so got very lucky).

I've been hit and claimed from the other party twice, and each time CUK/BC solicitors declined to help as - like you - I only had minor injuries and was seeking reimbursement for the bike and not personal injury. The first time was a complete nightmare with me chasing the other party's insurer repeatedly, so the second time to avoid all that I put a claims company to act for me - I simply didn't the time or inclination to waste hours of my life chasing an insurer myself.


 
Posted : 14/09/2022 2:58 pm
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Heh, that sounds word for word like my experience of a few years ago, with the exception I didn't get a reduced pay-out the first time around. After the initial ignoring me, I sent a letter suggesting if I didn't get the full value I'd start a money claim against the driver. If they did pay out, it'd be full and final. Money with me the following day plus £50 as an apology for the initial delay.

Nice, but I'm still not sure it's worth getting knocked off for! Glad the personal injuries were minor and cleared up quickly.

edit...

so the second time to avoid all that I put a claims company to act for me

Did you have to pay for that, or did they charge their costs to the insurance co? If it wasn't worth the while of the BC/CUK solicitors acting, what makes it profitable for the claims company? Genuinely interested, not suggesting you're wrong.


 
Posted : 14/09/2022 4:50 pm
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Good news OP.

Nbd pics needed...


 
Posted : 14/09/2022 5:38 pm
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Sent this in waited a bit again and then mysteriously last week some money went into my account overnight. This was about half of what I had submitted. Rung them up and they said I could get a new bike for X amount. I stated this wasnt acceptable. They immediately said OK we will pay the full value of the bike then. So got the full amount with little argument (just a bit of silly buggers) and about 8 weeks from accident to receiving the money.

Could I be nosey as this is intriguing - what did the report value your bike/loss as? i.e. was it the value of the bike 5 seconds before you were hit or the value of a brand new bike of equivalent 'quality' bought today to replace it? I'm not quite sure how it's meant to work - if someone drove into me in my 64 plate (but in V nice condition) car and wrote it off I'd hope to get enough to buy another 64 plate of the same make and model and condition. And folk law and experience would mean I'd think I'd be doing well if that's what I got. If someone did the same to me on my 8 year old (but still relatively mint) bike for some reason I'd 'expect' a new bike of the same standard. Not sure why I would, but I would!

So is that what you got?

edit -

Did you have to pay for that, or did they charge their costs to the insurance co? If it wasn’t worth the while of the BC/CUK solicitors acting, what makes it profitable for the claims company? Genuinely interested, not suggesting you’re wrong.

And this. To be honest I'm disappointed to hear my CUK membership might be of limited value if I manage to escape mangling and am only a few thousand pounds worth of machinery down.....it's almost like they are encouraging you to discover you've got a back/neck problem after the incident.

I need to reread but I don't feel I was informed of this when I signed up.


 
Posted : 14/09/2022 6:07 pm
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Cycling UKs solicitors ... declined to help me because I only wanted to claim for the bike not for any personal injury (only had a few bruises and scrapes so got very lucky).

Is it just me that think this is a pretty poor response from them? What's the point of being a Cycling UK member and having insurance through them if they don't act for you 'as its not financially worthwhile '?


 
Posted : 14/09/2022 6:17 pm
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I've reread.....the op didn't mention it being 'financially worthwhile'.

But the CUK blurb does actually say (beyond the headlines of legal assistance after a cycle accident which sounds like it covers everything to the inept like me) that they are personal injury lawyers. So I guess it's for injury claims.....worth knowing ahead of time.


 
Posted : 14/09/2022 6:23 pm
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@convert at the time of the accident the bike was 3 months old so was treated as new price. I guess if it were older there may have been more discussions.

Cycling UKs solicitors didn’t want to take it on as they only make money of the opposing insurance company if there is a personal injury claim. Then they take a percentage. It was a no win no fee type of deal. The insurance is still worth it for the 3rd party aspect if you hit a pedestrian or car.

Edit: I had upgraded the wheels, crankset etc as well so they paid to replace them as well. CUk will do bike claims as well but only if there is a personal injury claim at the same time.


 
Posted : 14/09/2022 6:51 pm
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Edit: I had upgraded the wheels, crankset etc as well so they paid to replace them as well. CUk will do bike claims as well but only if there is a personal injury claim at the same time.

Great - thanks for the info.


 
Posted : 14/09/2022 6:59 pm
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What an utter horror show. It could have been so much worse though!


 
Posted : 14/09/2022 8:09 pm
 a11y
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Did you have to pay for that, or did they charge their costs to the insurance co? If it wasn’t worth the while of the BC/CUK solicitors acting, what makes it profitable for the claims company? Genuinely interested, not suggesting you’re wrong.

@tthew, unfortunately just as robbo says above: CUK's solicitors weren't shy at telling me directly that they make their money from the personal injury claim part, hence wouldn't take on a bike-only claim. That was the first time I had to claim, about 10 years ago. Second time I had a need of representation I asked CUK again but same outcome. Cycle Law Scotland's costs would've been charged to the insurance company - I'm not a fan of the 'where's there's blame there's a claim' culture, but given the driver was an absolute **** I couldn't be arsed doing the donkey work myself.

CUK is still worth it for the 3rd party liability cover though, like robbo says.


 
Posted : 14/09/2022 9:05 pm

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